STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2006
_____________________
ONE HUNDRED NINTH DAY
Saint Paul, Minnesota, Thursday, May 18, 2006
The House of Representatives convened at
10:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Rabbi David
Freedman, B'nai Israel Synagogue, Rochester, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
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
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
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
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
A quorum was present.
Anderson, I., was excused.
Ellison and Larson were excused until
10:35 a.m. Walker was excused until
10:55 a.m. Mariani was excused until
12:05 p.m. Abrams was excused until
12:15 p.m.
The Chief Clerk proceeded to read the Journal
of the preceding day. Sieben moved that
further reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The motion
prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 2851 and
H. F. No. 3397, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Cornish moved that the rules be so far
suspended that S. F. No. 2851 be substituted for
H. F. No. 3397 and that the House File be indefinitely
postponed. The motion prevailed.
SECOND READING OF SENATE
BILLS
S. F. No. 2851 was read for the second
time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Dittrich introduced:
H. F. No. 4212, A bill for an act relating
to insurance; changing the primary source of no-fault motor vehicle insurance
benefits for senior volunteer drivers; amending Minnesota Statutes 2004,
section 65B.47, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
Loeffler, Mullery, Powell and Hilstrom
introduced:
H. F. No. 4213, A bill for an act relating
to insurance; requiring development of an electronic database of the insurance
status of motor vehicles.
The bill was read for the first time and
referred to the Committee on Transportation.
Peterson, A.; Larson and Thissen
introduced:
H. F. No. 4214, A bill for an act relating
to transportation; authorizing signs for cities that are home to Minnesota
National Guard or reserves military units; amending Minnesota Statutes 2004,
section 169.06, subdivision 2.
The bill was read for the first time and
referred to the Committee on Transportation.
Sertich introduced:
H. F. No. 4215, A bill for an act relating
to small and emerging entrepreneurial assistance; amending Minnesota Statutes
2004, section 116J.8745.
The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
Hansen, Huntley, Murphy, Hilty, Cox,
Wagenius, Kahn, Sieben, Tingelstad, Lillie, Jaros and Hornstein introduced:
H. F. No. 4216, A resolution memorializing
the President and Congress and others to protect the Great Lakes from aquatic
invasive species.
The bill was read for the first time and
referred to the Committee on Rules and Legislative Administration.
Johnson, S., introduced:
H. F. No. 4217, A bill for an act relating
to alcohol; allowing a liquor license to be issued near Metropolitan State
University in St. Paul; amending Minnesota Statutes 2005 Supplement, section
340A.412, subdivision 4.
The bill was read for the first time and
referred to the Committee on Regulated Industries.
Juhnke and Clark introduced:
H. F. No. 4218, A bill for an act relating
to agriculture; requiring the Department of Agriculture to perform studies
related to pesticides and report to the legislature.
The bill was read for the first time and
referred to the Committee on Agriculture and Rural Development.
MESSAGES FROM THE SENATE
The following messages were received from
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. 3302, A bill for an act relating
to local government; modifying municipal and county planning and zoning
provisions; providing standards for preliminary plat approval in a proposed
development; amending Minnesota Statutes 2004, sections 394.25, subdivision 7;
462.358, subdivision 3b.
The Senate has appointed as such
committee:
Senators Senjem, Higgins and Vickerman.
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. 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, public highway contracts,
allowable vehicle weights on highways, tow truck operators, impounded vehicles,
highway signs, motorized golf carts, area transportation partnerships, the rail
service improvement account, the tax attributable to fuel used by all-terrain
vehicles, and a connector highway agreement; repealing authority for future
toll facilities; requiring studies and reports; appropriating money; amending
Minnesota Statutes 2004, sections 16A.88; 161.082, subdivision 2a; 161.315, by
adding a subdivision; 168B.06, subdivision 1; 168B.07, by adding a subdivision;
169.06, subdivision 2; 169.823, subdivision 1; 169.824, subdivision 1; 169.829,
subdivision 2; 169.86, by adding a subdivision; 169.87, subdivision 2; 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; 169.01, subdivision 78; 169.81, subdivision 3c;
169.824, subdivision 2; 297A.815, by adding a subdivision; 469.322; 469.323,
subdivision 2; Laws 2005, chapter 88,
article 3, sections 9; 10; proposing coding for new law in Minnesota Statutes,
chapters 160; 167; 174; repealing Minnesota Statutes 2004, sections 160.84;
160.85; 160.86; 160.87; 160.88; 160.89; 160.90; 160.91; 160.92.
The Senate has appointed as such
committee:
Senators Murphy, Dibble, Jungbauer, Rest
and Bonoff.
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 House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 3073, A bill for an act relating
to property; modifying mechanic's lien provisions; modifying certain probate
and trust provisions and clarifying the administrative powers of personal
representatives to sell, mortgage, or lease property of a decedent; making
clarifying, technical, and conforming changes to the Minnesota Common Interest
Ownership Act; amending Minnesota Statutes 2004, sections 514.10; 524.3-301;
524.3-715; 524.3-803; Minnesota Statutes 2005 Supplement, sections 253B.23,
subdivision 2; 515B.1-102; 515B.2-101; 515B.2-110; 515B.2-112; 515B.2-121;
515B.3-115; 515B.3-117; 515B.4-101; 515B.4-102; 548.27.
Patrick E. Flahaven, Secretary
of the Senate
CONCURRENCE AND REPASSAGE
Thissen moved that the House concur in the
Senate amendments to H. F. No. 3073 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 3073, A bill for an act relating
to property; modifying certain tax liens upon land; providing for certificates
of custodianship; modifying mechanic's lien provisions; modifying certain
probate and trust provisions and clarifying the administrative powers of
personal representatives to sell, mortgage, or lease property of a decedent;
making clarifying, technical, and conforming changes to the Minnesota Common
Interest Ownership Act; providing for summary real estate judgments; providing
for filing and status of foreign judgments; amending Minnesota Statutes 2004,
sections 272.44; 272.45; 514.10; 518.191, subdivisions 2, 4, by adding a
subdivision; 524.3-301; 524.3-715; 524.3-803; Minnesota Statutes 2005
Supplement, sections 253B.23, subdivision 2; 515B.1-102; 515B.1-106;
515B.2-101; 515B.2-110; 515B.2-112; 515B.2-121; 515B.3-115; 515B.3-117;
515B.4-101; 515B.4-102; 548.27; proposing coding for new law in Minnesota
Statutes, chapter 501B.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
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
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
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
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 bill was repassed, as amended by the
Senate, and its title agreed to.
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2723, 3480 and 3132.
Patrick E. Flahaven, Secretary
of the Senate
FIRST READING OF SENATE
BILLS
S. F. No. 2723, A bill for an act relating to the
environment; requiring a report by the Pollution Control Agency on new public
wastewater treatment facilities that do not meet water quality discharge
standards; requiring proposals for new wastewater treatment facilities to include
information on operating and maintenance costs during the first five years of
operation; amending Minnesota Statutes 2004, section 115.447; proposing coding
for new law in Minnesota Statutes, chapter 115.
The bill was read for the first time.
Howes moved that S. F. No. 2723 and H. F. No. 3722, now on
the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3480, A bill for an act relating to commerce;
regulating license education; regulating certain insurers, insurance forms and
rates, coverages, purchases, filings, utilization reviews, and claims; enacting
an interstate insurance product regulation compact and providing for its
administration; regulating the Minnesota uniform health care identification
card; requiring certain reports; amending Minnesota Statutes 2004, sections
61A.02, subdivision 3; 61A.092, subdivision 3; 62A.02, subdivision 3; 62A.095,
subdivision 1; 62A.17, subdivisions 1, 2; 62A.27; 62A.3093; 62C.14,
subdivisions 9, 10; 62E.13, subdivision 3; 62E.14, subdivision 5; 62J.60,
subdivisions 2, 3; 62L.02, subdivision 24; 62M.01, subdivision 2; 62M.09,
subdivision 9; 62S.05, by adding a subdivision; 62S.08, subdivision 3; 62S.081,
subdivision 4; 62S.10, subdivision 2; 62S.13, by adding a subdivision; 62S.14,
subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24, subdivisions 1, 3, 4, by
adding subdivisions; 62S.25, subdivision 6, by adding a subdivision; 62S.26;
62S.265, subdivision 1; 62S.266, subdivision 2; 62S.29, subdivision 1; 62S.30; 70A.07;
72C.10, subdivision 1; 79.01, by adding subdivisions; 79.251, subdivision 1, by
adding a subdivision; 79.252, by adding subdivisions; 79A.23, subdivision 3;
79A.32; 123A.21, by adding a subdivision; Minnesota Statutes 2005 Supplement,
sections 45.22; 45.23; 62A.316; 65B.49, subdivision 5a; 72A.201, subdivision 6;
79A.04, subdivision 2; 256B.0571; proposing coding for new law in Minnesota
Statutes, chapters 43A; 61A; 62A; 62Q; 62S; repealing Minnesota Statutes 2005
Supplement, section 256B.0571, subdivisions 2, 5, 11; Minnesota Rules, parts
2781.0100; 2781.0200; 2781.0300; 2781.0400; 2781.0500; 2781.0600.
The bill was read for the first time.
Wilkin moved that S. F. No. 3480 and H. F. No. 3760, now on
the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3132, A bill for an act relating to data practices;
regulating the collection, use, and disclosure of certain data; classifying
certain data; regulating tribal identification cards; authorizing the exchange
of certain information; requiring the deletion or the correction of certain
data; providing for certain fees; creating an account; providing civil
remedies; providing criminal penalties; appropriating money; amending Minnesota
Statutes 2004, sections 13.072,
subdivision 1; 13.32, by adding a subdivision; 13.3805, by adding a
subdivision; 13.87, by adding a subdivision; 136A.162; 138.17, subdivisions 7,
8; 144.335, by adding a subdivision; 624.714, by adding a subdivision; 626.557,
subdivision 9a; Minnesota Statutes 2005 Supplement, sections 13.601,
subdivision 3; 13.6905, subdivision 3; 171.02, subdivision 1; 270C.03,
subdivision 1; 299A.681, subdivision 7; 299C.40, subdivision 1; 325E.59,
subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapters
13; 171; 299A; 325F; proposing coding for new law as Minnesota Statutes,
chapter 170A; repealing Minnesota Statutes 2004, section 13.6905, subdivision
10; Minnesota Statutes 2005 Supplement, sections 168.346; 171.12, subdivisions
7, 7a; 325E.59, subdivision 2.
The bill was read for the first time.
Holberg moved that S. F. No. 3132 and H. F. No. 3378, now on
the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
Seifert 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 Speaker pro tempore Davids.
Thao was excused between the hours of
12:00 noon and 1:05 p.m.
CALENDAR FOR THE DAY
S. F. No. 3105, A bill for an act relating
to county recorders; modifying standards for documents; modifying registration
fees and provisions; amending Minnesota Statutes 2004, sections 508.75;
508A.11, subdivision 3; Minnesota Statutes 2005 Supplement, sections 507.093;
508.82, subdivision 1; 508A.82, subdivision 1; repealing Minnesota Statutes
2004, section 508.74.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
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
Magnus
Mahoney
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
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed
to.
S. F. No. 3106, A bill for an act relating
to drivers' licenses; authorizing suspension of driver's license for attempting
to pay vehicle taxes or fees with insufficient funds; amending Minnesota
Statutes 2005 Supplement, section 171.18, subdivision 1.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 48 yeas and 84 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Blaine
Bradley
Cornish
Cox
Davids
DeLaForest
Demmer
Dittrich
Dorman
Erhardt
Erickson
Gazelka
Gunther
Hansen
Haws
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Kohls
Lanning
Larson
Latz
Lenczewski
Lieder
McNamara
Meslow
Nornes
Pelowski
Penas
Peterson, N.
Ruth
Ruud
Samuelson
Scalze
Sieben
Simon
Simpson
Sykora
Tingelstad
Westerberg
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Beard
Bernardy
Brod
Buesgens
Carlson
Charron
Clark
Cybart
Davnie
Dean
Dempsey
Dill
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Finstad
Fritz
Garofalo
Goodwin
Greiling
Hackbarth
Hamilton
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Krinkie
Lesch
Liebling
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, S.
Poppe
Powell
Rukavina
Sailer
Seifert
Sertich
Severson
Slawik
Smith
Soderstrom
Solberg
Thissen
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westrom
Wilkin
The bill was not passed.
H. F. No. 3237 was reported
to the House.
Peppin moved to amend H. F. No. 3237, the
first engrossment, as follows:
Page 1, delete lines 8 to 21 and insert:
"Notwithstanding other law to the contrary, the
interim superintendent or superintendent of Independent School District No.
728, Elk River, must convene a voluntary local task force composed of either or
both the interim superintendent and district superintendent. No more than 30 percent of the task force can
be school district employees or spouses of employees, past employees, or local
elected officials. At least 60 percent
of the task force must be residents of the district, half of whom must not be
parents of students. The task force must
have equal representation from all cities or townships in the district with a
student population of over 500 students.
The business community shall comprise ten percent of the task force,
with equal representation on both sides of the Mississippi River. The facilitator shall be an employee of the
State Department of Education and not live within the boundaries of Independent
School District No. 728, Elk River. The
task force's purpose is to examine and make recommendations regarding the
governance, facilities, and programming of the Elk River School District. Task force members may elect to create
subcommittees to accomplish this task.
Task force members may not be reimbursed or receive compensation for
their participation. The task force must
submit a written report to the Elk River School Board by September 1, 2006,
containing its findings and recommendations.
The Elk River School Board must submit the task force report and any
school board recommendations to the education policy and finance committees of
the legislature by January 15, 2007. The
local task force expires September 1, 2006."
The motion prevailed and the amendment was
adopted.
H. F. No. 3237, A bill for an act relating
to education; authorizing a local task force to examine the governance,
facilities, and programming of the Elk River school district.
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 126 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
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
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
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
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Eastlund
Heidgerken
Koenen
Nelson, P.
Olson
Solberg
The bill was passed, as amended, and its
title agreed to.
S. F. No. 785 was reported
to the House.
Johnson, J., moved to amend S. F. No. 785
as follows:
Page 1, delete subdivision 2, and insert:
"Subd. 2. Prohibited acts; penalty. A person under the age of 17 may not
knowingly rent or purchase a restricted video game. A person who violates this subdivision is
subject to a civil penalty of not more than $25."
Page 1, line 23, delete "2005" and insert
"2006"
Page 1, line 24, delete "crimes" and insert
"violations"
Correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Goodwin, Ellison, Eken, Rukavina, Lieder,
Paymar, Hausman and Hornstein moved to amend S. F. No. 785, as amended, as
follows:
Page 1, line 12, delete "person
under the" and insert "retailer"
Page 1, line 13, delete "age of 17"
and delete "purchases" and insert "sells"
Page 1, line 14, after "game"
insert "to a person under the age of 17"
Page 1, line 15, delete "$25"
and insert "$50"
Page 1, line 21, delete "person
under 17" and insert "retailer" and delete "purchase"
and insert "sell"
Page 1, line 22, before the first period,
insert "to a person under the age of 17" and delete "$25"
and insert "$50"
A roll call was requested and properly
seconded.
The question was taken on the Goodwin et
al amendment and the roll was called.
There were 63 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
The Speaker resumed the Chair.
Sertich moved to amend S. F. No. 785, as
amended, as follows:
Page 1, line 4 of the Johnson, J.,
amendment, after "game" insert "magazines, music or
R-rated videos"
Page 1, line 17, after "games"
insert "magazines, music or R-rated videos"
A roll call was requested and properly
seconded.
The question was taken on the Sertich
amendment and the roll was called. There
were 56 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Eken
Ellison
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Nelson, M.
Otremba
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Solberg
Thao
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Dorn
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Johnson, R.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, N.
Poppe
Powell
Ruth
Samuelson
Seifert
Severson
Sieben
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
Goodwin moved to amend S. F. No. 785, as
amended, as follows:
Page 1, after line 15, insert:
"Subd. 3. RETAILER PROHIBITED ACT; PENALTY. A retailer may not knowingly sell or rent
a sexually violent restricted video game to a person under the age of 17. A retailer who violates this subdivision is
subject to a civil penalty of not more than $25."
A roll call was requested and properly
seconded.
The question was taken on the Goodwin
amendment and the roll was called. There
were 61 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Nelson, M.
Otremba
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Entenza
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Magnus
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
S. F. No. 785, as amended, was read for
the third time.
MOTION FOR RECONSIDERATION
Johnson, J., moved that the action whereby
S. F. No. 785, as amended, was given its third reading be now
reconsidered. The motion prevailed.
Hilstrom moved to amend S. F. No. 785, as
amended, as follows:
Page 1, after line 16, insert:
"Subd. 3. RETAILER
PROHIBITED ACT; PENALTY. A
retailer may not knowingly sell or rent a sexually violent restricted
video game to a person under the age of 17.
A retailer who violates this subdivision is subject to a civil penalty
of not more than $25.
Subd. 4. Severability. The provisions of this section are
severable."
The motion prevailed and the amendment was
adopted.
Mahoney moved to amend S. F. No. 785, as
amended, as follows:
Page 1, line 19, after "sign"
insert "in at least 20 point type or larger"
The motion prevailed and the amendment was
adopted.
S. F. No. 785, A bill for an act relating
to crime prevention; prohibiting children under the age of 17 from renting or
purchasing certain video games; providing penalties; proposing coding for new law
in Minnesota Statutes, chapter 609.
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 114 yeas and 18 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Dill
Dorman
Goodwin
Hackbarth
Hausman
Hilty
Jaros
Kahn
Krinkie
Lesch
Paymar
Rukavina
Sertich
Solberg
Thao
Wagenius
Walker
The bill was passed, as amended, and its
title agreed to.
There being no objection, the order of
business advanced to Motions and Resolutions.
MOTIONS AND RESOLUTIONS
Penas moved that
S. F. No. 2706 be recalled from the Committee on Jobs and
Economic Opportunity Policy and Finance and be re-referred to the Committee on
Rules and Legislative Administration.
The motion prevailed.
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.
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 Supplemental Calendar for the Day for Thursday, May
18, 2006:
H. F. No. 3995;
S. F. No. 2851; H. F. Nos. 3605, 3058 and 3522;
and S. F. Nos. 2833 and 2635.
There being no objection, the order of
business reverted to the Calendar for the Day.
CALENDAR FOR THE DAY
S. F. No. 2576 was reported
to the House.
Howes, Moe, Davids and Nornes moved to
amend S. F. No. 2576 as follows:
Page 1, after line 5, insert:
"Section 1.
Minnesota Statutes 2005 Supplement, section 144.551, subdivision 1, is
amended to read:
Subdivision 1. Restricted construction or modification. (a) The following construction or
modification may not be commenced:
(1) any erection, building, alteration, reconstruction,
modernization, improvement, extension, lease, or other acquisition by or on
behalf of a hospital that increases the bed capacity of a hospital, relocates
hospital beds from one physical facility, complex, or site to another, or
otherwise results in an increase or redistribution of hospital beds within the
state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital,
clinic, or other health care facility that is a national referral center
engaged in substantial programs of patient care, medical research, and medical
education meeting state and national needs that receives more than 40 percent
of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a
health care facility held an approved certificate of need on May 1, 1984,
regardless of the date of expiration of the certificate;
(3) a project for which a certificate of need was denied
before July 1, 1990, if a timely appeal results in an order reversing the
denial;
(4) a project exempted from certificate of need requirements
by Laws 1981, chapter 200, section 2;
(5) a project involving consolidation of pediatric specialty
hospital services within the Minneapolis-St. Paul metropolitan area that would
not result in a net increase in the number of pediatric specialty hospital beds
among the hospitals being consolidated;
(6)
a project involving the temporary relocation of pediatric-orthopedic hospital
beds to an existing licensed hospital that will allow for the reconstruction of
a new philanthropic, pediatric-orthopedic hospital on an existing site and that
will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the
licenses of both hospitals must be reinstated at the capacity that existed on
each site before the relocation;
(7) the relocation or redistribution of hospital beds within
a hospital building or identifiable complex of buildings provided the
relocation or redistribution does not result in: (i) an increase in the overall
bed capacity at that site; (ii) relocation of hospital beds from one physical
site or complex to another; or (iii) redistribution of hospital beds within the
state or a region of the state;
(8) relocation or redistribution of hospital beds within a
hospital corporate system that involves the transfer of beds from a closed
facility site or complex to an existing site or complex provided that: (i) no
more than 50 percent of the capacity of the closed facility is transferred;
(ii) the capacity of the site or complex to which the beds are transferred does
not increase by more than 50 percent; (iii) the beds are not transferred
outside of a federal health systems agency boundary in place on July 1, 1983;
and (iv) the relocation or redistribution does not involve the construction of
a new hospital building;
(9) a construction project involving up to 35 new beds in a
psychiatric hospital in Rice County that primarily serves adolescents and that
receives more than 70 percent of its patients from outside the state of
Minnesota;
(10) a project to replace a hospital or hospitals with a
combined licensed capacity of 130 beds or less if: (i) the new hospital site is
located within five miles of the current site; and (ii) the total licensed
capacity of the replacement hospital, either at the time of construction of the
initial building or as the result of future expansion, will not exceed 70
licensed hospital beds, or the combined licensed capacity of the hospitals,
whichever is less;
(11) the relocation of licensed hospital beds from an
existing state facility operated by the commissioner of human services to a new
or existing facility, building, or complex operated by the commissioner of
human services; from one regional treatment center site to another; or from one
building or site to a new or existing building or site on the same campus;
(12) the construction or relocation of hospital beds operated
by a hospital having a statutory obligation to provide hospital and medical
services for the indigent that does not result in a net increase in the number
of hospital beds, notwithstanding section 144.552, 27 beds, of which 12 serve
mental health needs, may be transferred from Hennepin County Medical Center to
Regions Hospital under this clause;
(13) a construction project involving the addition of up to
31 new beds in an existing nonfederal hospital in Beltrami County;
(14) a construction project involving the addition of up to
eight new beds in an existing nonfederal hospital in Otter Tail County with 100
licensed acute care beds;
(15) a construction project involving the addition of 20 new
hospital beds used for rehabilitation services in an existing hospital in
Carver County serving the southwest suburban metropolitan area. Beds constructed under this clause shall not
be eligible for reimbursement under medical assistance, general assistance
medical care, or MinnesotaCare;
(16) a project for the construction or relocation of up to 20
hospital beds for the operation of up to two psychiatric facilities or units
for children provided that the operation of the facilities or units have
received the approval of the commissioner of human services;
(17)
a project involving the addition of 14 new hospital beds to be used for
rehabilitation services in an existing hospital in Itasca County;
(18) a project to add 20
licensed beds in existing space at a hospital in Hennepin County that closed 20
rehabilitation beds in 2002, provided that the beds are used only for
rehabilitation in the hospital's current rehabilitation building. If the beds are used for another purpose or
moved to another location, the hospital's licensed capacity is reduced by 20
beds; or
(19) a critical access
hospital established under section 144.1483, clause (9), and section 1820 of
the federal Social Security Act, United States Code, title 42, section 1395i-4,
that delicensed beds since enactment of the Balanced Budget Act of 1997, Public
Law 105-33, to the extent that the critical access hospital does not seek to
exceed the maximum number of beds permitted such hospital under federal law;
(20) a project for the
construction of a hospital with up to 25 beds in Cass County within a 20-mile
radius of the state Ah-Gwah-Ching facility, provided the hospital's license
holder is approved by the Cass County Board; or
(21) a project for an acute
care hospital in Fergus Falls that will increase the bed capacity from 108 to
110 beds by increasing the rehabilitation bed capacity from 14 to 16 and
closing a separately licensed 13-bed skilled nursing facility."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Peppin offered an amendment to S. F. No. 2576,
as amended.
POINT OF ORDER
Davids raised a point of order pursuant to rule 3.21 that the
Peppin amendment was not in order. The
Speaker ruled the point of order well taken and the Peppin amendment out of
order.
S. F. No. 2576, A bill for an act relating to commerce;
regulating the purchase and lease of new ambulances; establishing a
manufacturer's duty to repair, refund, or replace; amending Minnesota Statutes
2004, section 325F.665, subdivision 1.
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 130 yeas and 2
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
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
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
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Peppin
The bill was passed, as amended, and its
title agreed to.
H. F. No. 3697 was reported
to the House.
Bradley moved to amend H. F. No. 3697, the
second engrossment, as follows:
Page 37, line 33, delete "as
required by" and insert "according to the requirements of"
Page 44, line 2, delete "as
required by" and insert "according to the requirements of"
Page 44, line 15, delete "as
required by" and insert "according to the requirements of"
The motion prevailed and the amendment was
adopted.
The Speaker called Davids to the Chair.
Sailer, Heidgerken, Howes, Moe, Solberg,
Eken, Simpson, Davnie, Murphy, Hilty and Goodwin moved to amend H. F. No. 3697,
the second engrossment, as amended, as follows:
Page 49, after line 27, insert:
"Health
Care Access -0- 3,200,000"
Page 49, after line 30, insert:
"Health
Care Access -0- 3,200,000
CRITICAL
ACCESS DENTAL PROVIDERS.
$3,200,000 is appropriated from the health care access fund to the
commissioner of human services, for the fiscal year ending June 30, 2007, to
increase reimbursement rates for critical access dental providers under
Minnesota Statutes, section 256B.76, paragraph (c), to the level in effect on
December 31, 2005. This increase applies
retroactively to services provided by critical access dental providers on or
after January 1, 2006. The money
appropriated under this section shall become part of the agency's base for
reimbursement of critical access dental providers."
Adjust the appropriations by the specified
amounts and correct the totals and the summaries by fund accordingly
The motion did not prevail and the
amendment was not adopted.
H. F. No. 3697, as amended, was read for
the third time.
MOTION FOR RECONSIDERATION
Ellison moved that the action whereby
H. F. No. 3697, as amended, was given its third reading be now
reconsidered. The motion prevailed.
Ellison offered an amendment to
H. F. No. 3697, the second engrossment, as amended.
POINT OF ORDER
Seifert raised a point of order pursuant
to rule 3.21 that the Ellison amendment was not in order. Speaker pro tempore Davids ruled the point of
order well taken and the Ellison amendment out of order.
H. F. No. 3697, A bill for an act relating
to the operation of state government; making changes to health and human
services programs and policy; making changes to health policy to comply with
federal law; modifying long-term care provisions; modifying treatment of asset
recovery for medical assistance eligibility; requiring evidence of citizenship
or nationality for qualified noncitizens; modifying the treatment of payment of
benefits from an annuity; making changes to children and families policy to
comply with federal law; modifying treatment of MFIP expenditures; allowing
waiver of administrative costs under MFIP; imposing an annual federal
collections fee; making supplemental appropriations and budget reductions;
establishing the Pharmacy Payment Reform Advisory Committee; amending Minnesota
Statutes 2004, sections 62A.045; 62S.05, by adding a subdivision; 62S.08,
subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision 2; 62S.13, by adding
a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24,
subdivisions 1, 3, 4, by adding subdivisions; 62S.25, subdivision 6, by adding
a subdivision; 62S.26; 62S.266, subdivision 2; 62S.29, subdivision 1; 62S.30;
144.6501, subdivision 6; 256B.02, subdivision 9; 256B.056, subdivision 2, by
adding subdivisions; 256B.0595, subdivisions 1, 3, 4; 256B.76; 256J.021;
256J.626, subdivision 2; 256L.04, subdivision 10; 518.551, subdivision 7;
Minnesota Statutes 2005 Supplement, sections 256B.0571; 256B.0595, subdivision
2; 256B.06, subdivision 4; 256D.03, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapters 62S; 256B; repealing Minnesota Statutes 2005
Supplement, section 256B.0571, subdivisions 2, 5, 11.
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 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
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
Magnus
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
The bill was passed, as amended, and its
title agreed to.
H. F. No. 3472, A bill for an
act relating to transportation; amending definition of recreational vehicle
combination; amending Minnesota Statutes 2005 Supplement, sections 169.01,
subdivision 78; 169.81, subdivision 3c.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
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
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
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
The bill was passed and its title agreed
to.
H. F. No. 3538, A bill for an act relating
to human services; modifying crib safety requirements; amending Minnesota
Statutes 2005 Supplement, section 245A.146, subdivision 3.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
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
Magnus
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
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Sieben
The bill was passed and its title agreed
to.
H. F. No. 3442, A bill for an act relating
to agriculture; providing for certain inspections; repealing beekeeping
regulation provisions; reducing an appropriation; appropriating money; amending
Minnesota Statutes 2004, section 28A.15, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 2004,
sections 19.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13,
14, 15, 17, 18; 19.51, subdivisions 1, 2; 19.52; 19.53; 19.55; 19.56; 19.561;
19.57; 19.58, subdivisions 1, 2, 4, 5, 9; 19.59; 19.61, subdivision 1; 19.63;
19.65; Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
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
Magnus
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
The bill was passed and its title agreed
to.
H. F. No. 3995, A bill for an act relating
to claims against the state; providing for settlement of various claims;
appropriating money.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
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
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
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
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Heidgerken
Holberg
Krinkie
The bill was passed and its title agreed
to.
H. F. No. 3605 was reported
to the House.
Hackbarth, Mariani, Ozment, Kelliher, Wagenius,
Heidgerken and Erickson moved to amend H. F. No. 3605, the second engrossment,
as follows:
Page 1, after line 25, insert:
"ARTICLE 1
POLICY AMENDMENTS"
Page 23, after line 21, insert:
"ARTICLE 2
TECHNICAL AMENDMENTS
Section 1. Minnesota Statutes
2004, section 84.026, is amended to read:
84.026
CONTRACTS AND GRANTS FOR PROVISION OF NATURAL RESOURCES SERVICES.
Subdivision 1.
Contracts. The commissioner of natural resources is
authorized to enter into contractual or grant agreements with any public
or private entity for the provision of statutorily prescribed natural resources
services by or for the department.
The contracts or grants shall specify the services to be provided
and, where services are being provided for the department, the amount and
method of payment after services are rendered. Funds generated in a contractual agreement
made pursuant to this section shall be deposited in the special revenue fund
and are appropriated to the department for purposes of providing the services
specified in the contracts. All
contractual and grant agreements shall be processed in accordance with the
provisions of section 16C.05. The
commissioner shall report revenues collected and expenditures made under this section
subdivision to the chairs of the Committees on Ways and Means in the house
and Finance in the senate by January 1 of each odd-numbered year.
Subd. 2. Grants. The commissioner is authorized to enter
into grant agreements for the provision of statutorily prescribed natural
resources services with any public or private entity. The grant agreements shall specify the
services to be provided to the department and the amount and method of payment
after services are rendered.
Subd. 3. Procurement law. All contractual and grant agreements under
this section shall be processed according to section 16C.05.
Sec. 2. Minnesota
Statutes 2004, section 84.0911, as amended by Laws 2005, First Special Session
chapter 1, article 2, section 17, is amended to read:
84.0911 WILD RICE MANAGEMENT
ACCOUNT.
Subdivision 1. Account established. The wild rice management account is
established as an account in the game and fish fund.
Subd. 2. Receipts. Money received from the sale of wild rice
licenses issued by the commissioner under section 84.091, subdivision 3,
paragraph (a), clauses (1), (3), and (4), and subdivision 3, paragraph (b), except
for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, shall be credited to the wild rice management
account.
Subd. 3. Use of money in account. Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision
15, money in the wild rice management account is annually appropriated to
the commissioner and shall be used for management of designated public waters
to improve natural wild rice production.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 84.8205, subdivision 1, is amended to read:
Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a person may not operate a snowmobile on a
state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker
is affixed to the snowmobile. The
commissioner of natural resources shall issue a sticker upon application and
payment of a $15 fee. The fee for a
three-year snowmobile state trail sticker that is purchased at the time of
snowmobile registration is $30. In
addition to other penalties prescribed by law, a person in violation of this
subdivision must purchase an annual state trail sticker for a fee of $30. The sticker is valid from November 1 through
April 30. Fees collected under this
section, except for the issuing fee for licensing agents under this section
and for the electronic licensing system commission established by the
commissioner under section 84.027, subdivision 15, shall be deposited in
the state treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund and, except for the electronic
licensing system commission established by the commissioner under section
84.027, subdivision 15, must be used for grants-in-aid, trail maintenance,
grooming, and easement acquisition.
(b)
A state trail sticker is not required under this section for:
(1) a snowmobile owned by the state or a political
subdivision of the state that is registered under section 84.82, subdivision 5;
(2) a snowmobile that is owned and used by the United States,
another state, or a political subdivision thereof that is exempt from registration
under section 84.82, subdivision 6;
(3) a collector snowmobile that is operated as provided in a
special permit issued for the collector snowmobile under section 84.82,
subdivision 7a; or
(4) a person operating a snowmobile only on the portion of a
trail that is owned by the person or the person's spouse, child, or parent.
Sec. 4. Minnesota
Statutes 2004, section 84.8205, subdivision 2, is amended to read:
Subd. 2. Placement of sticker. The state trail sticker shall be permanently
affixed to either:
(1) the forward half of the snowmobile directly above or
below the headlight of the snowmobile;
(2) above the expiration year on the top portion of the
snowmobile registration validation decal; or
(3) the lower right corner of a registration plate issued to
a dealer or manufacturer under section 84.82, subdivision 3.
Sec. 5. Minnesota
Statutes 2004, section 84D.01, subdivision 9a, is amended to read:
Subd. 9a. Invasive species. "Invasive species" means a
nonnative species that can naturalize and:
(1) causes or may cause economic or environmental harm or
harm to human health; or
(2) threatens or may threaten natural resources or the use of
natural resources in the state.
Sec. 6. Minnesota
Statutes 2004, section 84D.01, subdivision 13, is amended to read:
Subd. 13. Prohibited invasive species. "Prohibited invasive species" means
an invasive a nonnative species that has been designated as a
prohibited invasive species in a rule adopted by the commissioner under section
84D.12.
Sec. 7. Minnesota
Statutes 2004, section 84D.01, subdivision 15, is amended to read:
Subd. 15. Regulated invasive species. "Regulated invasive species" means an
invasive a nonnative species that has been designated as a regulated
invasive species in a rule adopted by the commissioner under section 84D.12.
Sec. 8. Minnesota
Statutes 2004, section 84D.01, subdivision 16, is amended to read:
Subd. 16. Transport. "Transport" means to cause or
attempt to cause a species to be carried or moved into or within the state, and
includes accepting or receiving the species for transportation or
shipment. Transport does not include the
unintentional transport of infested water or a species within a
water of the state or to a connected water of the state where the species being
transported is already present.
Sec.
9. Minnesota Statutes 2004, section
84D.02, subdivision 2, is amended to read:
Subd. 2. Purple loosestrife, curly-leaf pondweed,
and Eurasian water milfoil programs. (a) The program required in subdivision 1
must include specific programs to curb the spread and manage the growth of
purple loosestrife, curly-leaf pondweed, and Eurasian water milfoil. These programs must include:
(1) compiling inventories and monitoring the growth of purple
loosestrife and Eurasian water milfoil in the state, for which the commissioner
may use volunteers;
(2) publication and distribution of informational materials
to boaters and lakeshore owners;
(3) cooperative research with the University of Minnesota and
other public and private research facilities to study the use of nonchemical
control methods, including biological control methods; and
(4) managing the growth of Eurasian water milfoil,
curly-leaf pondweed, and purple
loosestrife in coordination with appropriate local units of government, special
purpose districts, and lakeshore associations, to include providing requested
technical assistance.
(b) The commissioners of agriculture and transportation shall
cooperate with the commissioner to establish, implement, and enforce the purple
loosestrife program.
Sec. 10. Minnesota
Statutes 2004, section 85.015, subdivision 2, is amended to read:
Subd. 2. Casey Jones Trail, Murray, Redwood, and
Pipestone Counties. (a) The trail
shall originate in Lake Shetek State Park in Murray County and include the
six-mile loop between Currie in Murray County and Lake Shetek State Park. From there, the first half of the trail shall
trail southwesterly to Slayton in Murray County; thence westerly to the point
of intersection with the most easterly terminus of the state-owned abandoned
railroad right-of-way, commonly known as the Casey Jones unit; thence westerly
along said Casey Jones unit to Pipestone in Pipestone County; thence
southwesterly to Split Rock Creek State Park in Pipestone County, southerly
to Blue Mound State Park in Rock County, and there terminate. The second half of the trail shall commence
in Lake Shetek State Park in Murray County and trail northeasterly to Walnut
Grove in Redwood County and there terminate; thence northeasterly to
Redwood Falls in Redwood County to join with the Minnesota River State Trail.
(b) The trail shall be developed as a multiuse,
multiseasonal, dual treadway trail.
Nothing herein shall abrogate the purpose for which the Casey Jones unit
was originally established, and the use thereof shall be concurrent.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 85.015, subdivision 5, is amended to read:
Subd. 5. Glacial Lakes Trail, Kandiyohi, Pope, Stearns,
and Douglas Counties. (a) The
trail shall originate at Kandiyohi County Park on the north shore of Green Lake
in Kandiyohi County and thence extend northwesterly to Sibley State Park,
thence northwesterly to Glacial Lakes State Park in Pope County, thence
northeasterly to Lake Carlos State Park in Douglas County, and there terminate.
(b) Trails may be established that extend the Glacial
Lakes Trail system from New London to Cold Spring. A segment shall be
established beginning in the city of Willmar, Kandiyohi County, and extending
northeasterly into Stearns County.
(c) The trail shall be developed primarily for riding and
hiking.
Sec.
12. Minnesota Statutes 2004, section
85.015, subdivision 7, is amended to read:
Subd. 7. Blufflands Trail system, Fillmore, Olmsted,
Winona, and Houston Counties. (a)
The Root River Trail shall originate at Chatfield in Fillmore County, and
thence extend easterly in the Root River Valley to the intersection of the
river with Minnesota Trunk Highway No. 26 in Houston County, and extend to the
Mississippi River.
(b) Additional trails may be established that extend the
Blufflands Trail system to include La Crescent, Hokah, Caledonia, and Spring
Grove in Houston County; Preston, Harmony, Fountain, Wykoff, Spring Valley,
Mabel, Canton, and Ostrander in Fillmore County; Rochester, Dover,
Eyota, Stewartville, Byron, and Chester Woods County Park in Olmsted County;
and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica, St. Charles,
and Elba in Winona County. In addition
to the criteria in section 86A.05, subdivision 4, these trails must utilize
abandoned railroad rights-of-way where possible.
(c) The trails shall be developed primarily for nonmotorized
riding and hiking.
Sec. 13. Minnesota
Statutes 2004, section 85.015, subdivision 8, is amended to read:
Subd. 8. Sakatah Singing Hills trail, Blue Earth, Le
Sueur, and Rice Counties. (a) The
trail shall originate at mile post 4.1 of the Chicago and Northwestern
Railway Company right-of-way in the junction of Benning in Mankato,
Blue Earth County, and shall extend in a northeasterly direction on or
along the railroad right-of-way to mile post 46.01 of the Chicago and
Northwestern Railway at a point commonly known as Faribault Junction in
into Rice County, a distance of approximately 42 miles, and there
terminate.
(b) The trail shall be developed primarily for riding and
hiking. Motorized vehicles, except
snowmobiles, are prohibited from the trail.
Sec. 14. Minnesota
Statutes 2004, section 85.015, subdivision 11, is amended to read:
Subd. 11. Willard Munger Trail, Ramsey, Anoka,
Washington, Chisago, Pine, St. Louis, and Carlton Counties. (a) The trail shall originate in the
vicinity of Arden Hills, Ramsey County, and thence extend northeasterly,
traversing Anoka and Washington Counties to the vicinity of Taylors Falls in
Chisago County; thence northwesterly and northerly to St. Croix State Park in
Pine County; thence northerly to Jay Cooke State Park in Carlton County, and
there terminate. consist of four segments. One segment shall be known as the
"gateway segment" and shall originate at the State Capitol, then
extend northerly and northeasterly to William O'Brien State Park, and then
extend northerly to Taylors Falls in Chisago County. One segment shall originate in Chisago County
and extend into Duluth in St. Louis County.
One segment shall originate at Hinckley in Pine County and extend
through Moose Lake in Carlton County to Duluth in St. Louis County. One segment shall originate in Carlton County
at Carlton and extend through Wrenshall to the Minnesota-Wisconsin border.
(b) The gateway segment shall be developed primarily for
hiking and nonmotorized riding, and the remaining segments of the trail shall be developed primarily for riding
and hiking.
(c) Additional trails segments shall be
established that extend the Willard Munger Trail to include Proctor, Duluth,
and Hermantown in St. Louis County.
Sec. 15. Minnesota
Statutes 2004, section 85.015, subdivision 12, is amended to read:
Subd. 12. Heartland Trail, Clay, Becker, Hubbard,
and Cass Counties. (a) The trail
shall originate at Moorhead in Clay County and extend in an easterly
direction through Detroit Lakes in Becker County to mile post 90.92 at Park
Rapids in Hubbard County and shall extend; thence in an easterly
direction along the Burlington Northern Railroad right-of-way through Walker in
Cass County. The trail shall then
continue; thence in a northerly direction along the Burlington
Northern Railroad right-of-way to Cass Lake in Cass County, and there
terminate.
(b)
The trail shall be developed primarily for riding and hiking.
(c) In addition to the authority granted in subdivision 1,
lands and interests in lands for the Heartland Trail may be acquired by eminent
domain. Before acquiring any land or
interest in land by eminent domain the commissioner of administration shall
obtain the approval of the governor. The
governor shall consult with the Legislative Advisory Commission before granting
approval. Recommendations of the
Legislative Advisory Commission shall be advisory only. Failure or refusal of the commission to make
a recommendation shall be deemed a negative recommendation.
Sec. 16. Minnesota
Statutes 2004, section 85.015, is amended by adding a subdivision to read:
Subd. 25. Great River Ridge Trail, Wabasha and
Olmsted Counties. The trail
shall originate in the city of Plainview in Wabasha County and extend
southwesterly through the city of Elgin in Wabasha County and the town of Viola
in Olmsted County to the Chester Woods Trail in Olmsted County.
Sec. 17. Minnesota
Statutes 2004, section 85.32, subdivision 1, is amended to read:
Subdivision 1. Areas marked. The commissioner of natural resources is
authorized in cooperation with local units of government and private
individuals and groups when feasible to mark canoe and boating routes on the
Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake,
Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet,
Root, Zumbro, Pomme de Terre within Swift County, Watonwan, Cottonwood,
Whitewater, Chippewa from Benson in Swift County to Montevideo in Chippewa
County, Long Prairie, Red River of the North, Sauk, and Crow Rivers
which have historic and scenic values and to mark appropriately points of
interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools,
and other serious hazards which are dangerous to canoe and watercraft
travelers.
Sec. 18. Minnesota
Statutes 2005 Supplement, section 88.17, subdivision 5, is amended to read:
Subd. 5. Permit fees. (a) The annual fees for an electronic burning
permit are:
(1) $5 for a noncommercial burning permit; and
(2) for commercial enterprises that obtain multiple permits,
$5 per permit for each burning site, up to a maximum of $50 per individual
business enterprise per year.
(b) Except for the issuing fee under paragraph (c), and
for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, money received from permits issued
under this section shall be deposited in the state treasury and credited to the
burning permit account and, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision
15, is annually appropriated to the
commissioner of natural resources for the costs of operating the burning permit
system.
(c) Of the fee amount collected under paragraph (a), $1 shall
be retained by the permit agent as a commission for issuing electronic permits.
(d) Fire wardens who issue written permits may charge a fee
of up to $1 for each permit issued, to be retained by the fire warden as a
commission for issuing the permit. This
paragraph does not limit a local government unit from charging an
administrative fee for issuing open burning permits within its jurisdiction.
Sec.
19. Minnesota Statutes 2004, section
89.01, subdivision 1, is amended to read:
Subdivision 1. Best methods. The commissioner shall ascertain and observe
the best methods of reforesting cutover and denuded lands, foresting waste and
prairie lands, preventing destruction of forests and lands by fire,
administering forests on forestry principles, encouraging private owners to
preserve and grow timber for commercial purposes, and conserving the forests
around the head waters of streams and on the watersheds of the state.
Sec. 20. Minnesota
Statutes 2004, section 97A.015, subdivision 18, is amended to read:
Subd. 18. Enforcement officer. "Enforcement officer" means the
commissioner, the director of the Enforcement Division, or a conservation
officer, or a game refuge manager.
Sec. 21. Minnesota
Statutes 2005 Supplement, section 103G.271, subdivision 6, is amended to read:
Subd. 6. Water use permit processing fee. (a) Except as described in paragraphs (b) to
(f), a water use permit processing fee must be prescribed by the commissioner
in accordance with the schedule of fees in this subdivision for each water use
permit in force at any time during the year.
The schedule is as follows, with the stated fee in each clause applied
to the total amount appropriated:
(1) $101 for amounts not exceeding 50,000,000 gallons per
year;
(2) $3 per 1,000,000 gallons for amounts greater than
50,000,000 gallons but less than 100,000,000 gallons per year;
(3) $3.50 per 1,000,000 gallons for amounts greater than
100,000,000 gallons but less than 150,000,000 gallons per year;
(4) $4 per 1,000,000 gallons for amounts greater than
150,000,000 gallons but less than 200,000,000 gallons per year;
(5) $4.50 per 1,000,000 gallons for amounts greater than
200,000,000 gallons but less than 250,000,000 gallons per year;
(6) $5 per 1,000,000 gallons for amounts greater than
250,000,000 gallons but less than 300,000,000 gallons per year;
(7) $5.50 per 1,000,000 gallons for amounts greater than
300,000,000 gallons but less than 350,000,000 gallons per year;
(8) $6 per 1,000,000 gallons for amounts greater than
350,000,000 gallons but less than 400,000,000 gallons per year;
(9) $6.50 per 1,000,000 gallons for amounts greater than
400,000,000 gallons but less than 450,000,000 gallons per year;
(10) $7 per 1,000,000 gallons for amounts greater than
450,000,000 gallons but less than 500,000,000 gallons per year; and
(11) $7.50 per 1,000,000 gallons for amounts greater than
500,000,000 gallons per year.
(b) For once-through cooling systems, a water use processing fee must be
prescribed by the commissioner in accordance with the following schedule of
fees for each water use permit in force at any time during the year:
(1) for nonprofit corporations and school districts, $150 per
1,000,000 gallons; and
(2) for all other users, $300 per 1,000,000 gallons.
(c) The fee is payable based on the amount of water
appropriated during the year and, except as provided in paragraph (f), the
minimum fee is $100.
(d) For water use processing fees other than once-through
cooling systems:
(1) the fee for a city of the first class may not exceed
$250,000 per year;
(2) the fee for other entities for any permitted use may not
exceed:
(i) $50,000 per year for an entity holding three or fewer
permits;
(ii) $75,000 per year for an entity holding four or five
permits;
(iii) $250,000 per year for an entity holding more than five
permits;
(3) the fee for agricultural irrigation may not exceed $750
per year;
(4) the fee for a municipality that furnishes electric
service and cogenerates steam for home heating may not exceed $10,000 for its
permit for water use related to the cogeneration of electricity and steam; and
(5) no fee is required for a project involving the
appropriation of surface water to prevent flood damage or to remove flood
waters during a period of flooding, as determined by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a
permit. A penalty of two percent per
month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees
due. A fee may not be imposed on an
agency, as defined in section 16B.01, subdivision 2, or federal governmental
agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued
for irrigation of agricultural land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive
days between May 1 and October 1.
(g) A surcharge of $20 per million gallons in addition to the
fee prescribed in paragraph (a) shall be applied to the volume of water used in
each of the months of June, July, and August that exceeds the volume of
water used in January for municipal water use, irrigation of golf courses, and
landscape irrigation. The surcharge
for municipalities with more than one permit shall be determined based on the
total appropriations from all permits that supply a common distribution system.
Sec.
22. Minnesota Statutes 2004, section
103G.611, is amended by adding a subdivision to read:
Subd. 7. Public waters without access. A person who receives a permit to operate
an aeration system on a public water without a public access and who owns all
of the riparian land or all of the possessory rights to the riparian land
around that water is not subject to the provisions of subdivisions 2, paragraph
(b), and 3.
Sec. 23. AGREEMENT; WABASHA COUNTY REGIONAL RAIL
AUTHORITY.
The commissioner of natural resources shall enter an
agreement with the Wabasha County Regional Rail Authority to maintain and
develop the Great River Ridge Trail as a state trail.
Sec. 24. REPEALER.
Minnesota Statutes 2004, section 103G.611, subdivision 6, is
repealed.
Sec. 25. EFFECTIVE DATE.
Sections 16 and 23 are effective the day after the governing
body of the Wabasha County Regional Rail Authority and its chief clerical
officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Ozment moved to amend H. F. No. 3605, the
second engrossment, as amended, as follows:
Page 1, delete section 1
Pages 10 to 16, delete sections 19 to 31
Page 19, delete sections 34 and 35
Page 23, delete sections 42 and 44
Page 23, delete lines 15 and 16
Page 23, line 17, delete "(b)"
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Hosch, Severson and Heidgerken moved to
amend H. F. No. 3605, the second engrossment, as amended, as follows:
Page 9, after line 7, insert:
"Sec. 17.
Minnesota Statutes 2004, section 103D.271, subdivision 7, is amended to
read:
Subd. 7. Termination hearing order. When the board determines a termination
petition has been filed that meets the requirements of subdivisions 4 and 5 and
the petitioners' bond has been filed, the board must, by order, set a time
by 35 days after its determination and a location within the watershed district
for a termination hearing."
Page 23, line 17, delete "section" and insert
"sections" and after "6" insert ";
and 103D.271, subdivision 6"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Howes and Moe moved to amend H. F. No.
3605, the second engrossment, as amended, as follows:
Page 3, after line 20, insert:
"Sec. 3. [84.8045]
RESTRICTIONS ON OFF-ROAD VEHICLES ON COUNTY AND STATE FOREST LANDS.
Off-road vehicle trails may not be
established on county forest or state forest lands administered by the
commissioner except:
(1) on state and county forest roads; and
(2) off-road vehicle use areas as
provided by Minnesota Statutes, section 84.915."
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 Howes and
Moe amendment and the roll was called.
There were 61 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abrams
Atkins
Bernardy
Carlson
Clark
Cox
Davnie
Dempsey
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Those who voted in the negative were:
Abeler
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dill
Dorman
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Hilstrom
Holberg
Jaros
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Rukavina
Ruth
Samuelson
Seifert
Sertich
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the
amendment was not adopted.
H. F. No. 3605, A bill for an act relating
to natural resources; providing for land donor appraisal reimbursement; providing
for acquisition of land for certain facilities; providing for disposition of
certain receipts; modifying state park permit provisions; modifying forest
services provided to private owners; granting authority to establish state
forest user fees; modifying the State Timber Act; modifying certain
definitions; providing certain technical changes; modifying noise standard
exemptions; extending certain pilot programs; granting certain authority to the
Lower Minnesota River Watershed District; exempting counties from certain
rules; requiring reports; eliminating the requirement for a comprehensive
forest resource management plan; requiring certain agreements; modifying
certain appropriations; appropriating money; amending Minnesota Statutes 2004,
sections 84.026; 84.085, subdivision 1; 84.0911, as amended; 84.8205,
subdivision 2; 84D.01, subdivisions 9a, 13, 15, 16; 84D.02, subdivision 2;
85.015, subdivisions 2, 7, 8, 11, 12, by adding a subdivision; 85.052,
subdivision 4; 85.053, by adding a subdivision; 85.054, by adding subdivisions;
85.32, subdivision 1; 88.79, subdivision 1; 89.01, subdivision 1; 90.14;
90.151, subdivisions 1, 6, by adding a subdivision; 97A.015, subdivision 18;
103D.271, subdivision 7; 103G.611, by adding a subdivision; 103I.005, subdivision
9; 116.07, subdivision 2a; Minnesota Statutes 2005 Supplement, sections
84.8205, subdivision 1; 85.015, subdivision 5; 85.053, subdivision 2; 85.055,
subdivision 1; 88.17, subdivision 5; 103G.271, subdivision 6; Laws 2003, chapter 128, article 1, section
165; Laws 2005, First Special Session chapter 1, article 2, section 11,
subdivision 10; proposing coding for new law in Minnesota Statutes, chapters
85; 89; 90; repealing Minnesota Statutes 2004, sections 89.011, subdivisions 1,
2, 3, 6; 103D.271, subdivision 6; 103G.611, subdivision 6.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 126 yeas and 6 nays as follows:
Those who voted in the affirmative were:
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
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
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
Emmer
Hortman
Krinkie
Olson
The bill was passed, as amended, and its
title agreed to.
S. F. No. 930 was reported
to the House.
Brod and Loeffler moved to amend S. F. No.
930, the unofficial engrossment, as follows:
Page 1, line 7, delete "Northstar"
Page 1, delete line 8 and insert "state
affiliate recognized by the National Council on Problem Gambling. The affiliate"
Page 1, line 9, delete "Gambling
Alliance"
Page 1, line 12, after the period, insert
"These services must be complementary to and not duplicative of the
services provided through the problem gambling program administered by the
commissioner of human services. This
grant does not prevent the commissioner from regular monitoring and oversight
of the grant or the ability to reallocate the funds to other services within
the problem gambling program for nonperformance of duties by the grantee."
The motion prevailed and the amendment was
adopted.
S. F. No. 930, A bill for an act relating
to gambling; appropriating money for compulsive gambling prevention and
education.
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 122 yeas and 11 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
Entenza
Erhardt
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
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
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Emmer
Erickson
Finstad
Heidgerken
Hoppe
Newman
Olson
Seifert
Severson
Zellers
The bill was passed, as amended, and its
title agreed to.
S. F. No. 2374, A bill for an act relating
to dogs; modifying notice requirements for unlicensed dogs that are seized;
amending Minnesota Statutes 2004, section 347.14, subdivision 2.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
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
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
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:
Dean
Paymar
Vandeveer
The bill was passed and its title agreed to.
Speaker pro tempore Davids called Abrams
to the Chair.
S. F. No. 2995 was reported
to the House.
Davids moved that
S. F. No. 2995 be temporarily laid over on the Calendar for the
Day. The motion prevailed.
H. F. No. 3288, A bill for an act relating
to public safety; making the chair of the Metropolitan Council or designee a
member of the Statewide Radio Board; amending Minnesota Statutes 2005
Supplement, section 403.36, subdivision 1.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 106 yeas and 24 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
Charron
Dean
DeLaForest
Eastlund
Emmer
Erickson
Gazelka
Heidgerken
Hoppe
Johnson, J.
Klinzing
Kohls
Krinkie
Nelson, P.
Nornes
Olson
Peppin
Powell
Seifert
Vandeveer
Wilkin
Zellers
The bill was passed and its title agreed
to.
S. F. No. 2995, which was
temporarily laid over earlier today on the Calendar for the Day, was again
reported to the House.
Hortman moved to amend S. F. No. 2995 as
follows:
Page 1, after line 6, insert:
"Section
1. [168A.172]
CHARITABLE INTEREST.
Subdivision
1. Agreement. Notwithstanding
any law to the contrary, a holder of a limited used vehicle license (limited
dealer) as described in section 168.27, subdivision 4a, may retain a charitable
interest in a motor vehicle donated by the limited dealer to an individual
without charge and for a charitable purpose.
The limited dealer and the transferee may enter into a written agreement
describing the nature, extent, and terms of the retained charitable interest.
Subd. 2. Perfection. A charitable interest is perfected by the
delivery to the department of the existing certificate of title, if any, an
application for a certificate of title containing the name and address of the
limited dealer, the date of the limited dealer's charitable agreement, and the
required fee. A charitable interest is
perfected as of the time of the delivery.
Subd. 3. Satisfaction
of charitable interest. Upon
the satisfaction of a charitable interest described in subdivision 1, in a
vehicle for which the certificate of title is in the possession of the owner,
the limited dealer shall within seven days execute a release of interest in the
format prescribed by the department and mail or deliver the notification with
release to the owner or any person who delivers to the limited dealer an
authorization from the owner to receive the release. The limited dealer may notify the registrar
of the satisfaction of interest in a manner prescribed by the department."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 2995, A bill for an act relating
to liens; providing for the cancellation of certain automobile liens under
certain circumstances; regulating liens for storage charges on certain motor
vehicles; amending Minnesota Statutes 2004, section 514.19; Minnesota Statutes
2005 Supplement, section 168A.20, subdivision 5.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
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
Magnus
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
The bill was passed, as amended, and its
title agreed to.
S. F. No. 3023 was reported
to the House.
Beard moved that
S. F. No. 3023 be temporarily laid over on the Calendar for the
Day. The motion prevailed.
S. F. No. 2939 was reported
to the House.
There being no objection,
S. F. No. 2939 was temporarily laid over on the Calendar for the
Day.
Speaker pro tempore Abrams called Davids
to the Chair.
S. F. No. 2437, A bill for an act relating
to the environment; requiring the replacement or discontinued operation of
straight-pipe systems for sewage disposal within ten months of notice; amending
Minnesota Statutes 2004, section 115.55, subdivision 1, by adding a
subdivision.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 133 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
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
Magnus
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
The bill was passed and its title agreed to.
S. F. No. 3023, which was temporarily laid over
earlier today on the Calendar for the Day, was again reported to the House.
Hansen and Beard moved to amend S. F. No. 3023 as follows:
Page 3, after line 21, insert:
"Sec. 2. LOWER
MINNESOTA RIVER WATERSHED DISTRICT; AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE,
IMPROVE, AND ENLARGE DREDGE MATERIAL SITE.
Subdivision 1. Definitions. The definitions in this subdivision apply
to this act:
(1) "district"
means the Lower Minnesota River Watershed District, a district established
under Minnesota Statutes, chapter 103D;
(2)
"governing body" means the managers of the district as defined in
Minnesota Statutes, section 103D.011, subdivision 15; and
(3) "dredge material site" means a site at which
public agencies or private customers may deposit material from dredging activities
conducted on the Minnesota River.
Subd. 2. Authorization; authority to own and
operate. The district may own
and operate a dredge material site for its own needs, the needs of other public
agencies, the needs of private customers, or any combination of these. The district may acquire, construct, and
install all facilities needed for that purpose and may lease, purchase, or
acquire by exercise of the power of eminent domain any existing properties so
needed. The district may sell the dredge
material to any person or entity. If the
governing body determines that the dredge material has no value, the district
may convey the dredge material for no consideration to any person or entity. The district may hire all personnel the
governing body deems necessary and may make all necessary rules and regulations
for the operation and maintenance of the dredge material site.
Sec. 3. AUTHORITY
TO IMPOSE CHARGES.
Subdivision 1.
Charges; net revenues. (a) To pay for the acquisition,
maintenance, operation, improvement, and enlargement of the dredge material
site and to obtain and comply with permits required by law for the dredge
material site, the governing body may impose charges for permitting private
customers to deposit dredge material at the dredge material site and make
contracts for the charges as provided in this section.
(b) The amount of the charges imposed shall be established at
the discretion of the governing body. In
determining the amount of the charges to be imposed, the governing body may give
consideration to all costs of the operation and maintenance of the dredge
material site, the costs of depreciation and replacement of structures and
equipment, the costs of improvements and enlargements, the cost of reimbursing
the district for special assessment revenues expended for the benefit of
persons or entities not subject to special assessment levies by the district,
the amount of the principal and interest to become due on obligations issued or
to be issued, the costs of obtaining and complying with permits required by
law, the price charged for similar services by other providers of dredge
material sites in similar markets, and all other factors the governing body
deems relevant.
(c) At its discretion, the governing body may impose a
surcharge on private customers using the dredge material site in addition to
the charges allowed under paragraph (a).
The surcharge shall be for the purpose of paying for the removal of
dredge material from the dredging site if the governing body determines it necessary. If the governing body later determines that
there is no need to pay for the removal of the dredge material from the dredge
material site, the governing body shall rebate all surcharges paid by private
customers.
Subd. 2. Covenants to secure debt payments. (a) In any resolution authorizing the
issuance of either general obligation bonds or revenue bonds and pledging
revenues and other security to the payment of the debt service on the bonds,
the governing body may make covenants for the protection and benefit of the
holders of the bonds as it deems necessary or appropriate including, but
without limitation, a covenant that the district will impose and collect
charges of the nature authorized by this section at the times and in the
amounts required to produce, together with any tax revenues, special assessment
revenues, or other revenues pledged to payment of the obligations, net revenues
adequate to pay all principal and interest when due on the bonds and to create
and maintain reserves securing the payment of the principal and interest when
due on the bonds.
(b) The covenants made for the protection and benefit of the
holders of the bonds of the district shall be enforceable by appropriate action
on the part of any holder of the bonds or any taxpayer of the district in a
court of competent jurisdiction.
Sec.
4. EFFECTIVE
DATE.
Sections 2 and 3 are effective the day following final
enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 3023, A bill for an act relating
to state agencies; establishing timelines for agency action on certain
environmental permits; amending Minnesota Statutes 2004, section 15.99.
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 87 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Cornish
Cox
Cybart
Davids
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hansen
Haws
Heidgerken
Hilty
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Juhnke
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Mahoney
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Urdahl
Welti
Westerberg
Westrom
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Buesgens
Carlson
Charron
Clark
Davnie
Dean
DeLaForest
Eastlund
Emmer
Erickson
Finstad
Greiling
Hamilton
Hausman
Hilstrom
Holberg
Hoppe
Hornstein
Johnson, S.
Kahn
Kelliher
Klinzing
Kohls
Krinkie
Loeffler
Magnus
Mariani
Mullery
Nelson, P.
Newman
Olson
Paymar
Peppin
Samuelson
Severson
Slawik
Tingelstad
Vandeveer
Wagenius
Walker
Wardlow
Wilkin
Zellers
The bill was passed, as amended, and its
title agreed to.
S. F. No. 2939, which was
temporarily laid over earlier today on the Calendar for the Day, was again
reported to the House.
Blaine moved to amend S. F. No. 2939 as
follows:
Page 1, after line 6, insert:
"Section 1. [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, lease,
or contract 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."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Gazelka moved to amend S. F. No. 2939, as
amended, as follows:
Page 2, after line 3, insert:
"Sec. 3. CONVEYANCE OF SURPLUS STATE LAND AT BRAINERD
REGIONAL TREATMENT CENTER.
(a) Notwithstanding Minnesota Statutes, sections 16B.281 to
16B.287, or any other law, administrative rule, or commissioner's order to the
contrary, the commissioner of administration may convey to a local unit of
government for no consideration all or part of the real property at the
Brainerd Regional Treatment Center for public purposes consistent with the
master plan and reuse study. The
conveyance must be in a form approved by the attorney general and subject to
Minnesota Statutes, section 16A.695.
(b)
The commissioner may require the local unit of government to reimburse the
state for all or part of any campus redevelopment funded and completed by the
state.
(c) Notwithstanding Minnesota Statutes, section 16C.23, the
commissioner of administration may convey to one or more local units of
government for no consideration all or part of the personal property determined
by the commissioner of human services to be no longer needed for human services
operations.
(d) If a local unit of government sells any property conveyed
under this section to a private entity, the sale must be at fair market value."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Cornish moved to amend S. F. No. 2939, as
amended, as follows:
Page 2, after line 3, insert:
"Sec. 3. CITY OF KIESTER; OPERATION OF A GROCERY
STORE.
The city of Kiester may acquire inventory for and operate a
grocery store in the city on property owned by the city. The city may issue general obligation bonds
of the city in the aggregate principal amount not to exceed $150,000 to finance
acquisition of inventory and operation of the store. The bonds must be issued in compliance with
Minnesota Statutes, chapter 475, except that a referendum under Minnesota
Statutes, section 475.58, is not required.
The debt represented by the bonds is not included in computing any debt
limitations applicable to the city, and the levy of taxes required by Minnesota
Statutes, section 475.61, to pay the principal of and interest on the bonds is
not subject to any levy limitation otherwise applicable to the city."
Page 2, line 5, delete "section 1" and
insert "this 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 Cornish
amendment and the roll was called. There
were 53 yeas and 79 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Cornish
Cox
Davids
Dempsey
Dill
Dorman
Dorn
Eken
Ellison
Fritz
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Haws
Hornstein
Hortman
Howes
Jaros
Juhnke
Koenen
Lesch
Lillie
Mariani
Moe
Murphy
Nornes
Olson
Otremba
Ozment
Penas
Peterson, N.
Rukavina
Ruth
Sailer
Samuelson
Sertich
Severson
Slawik
Smith
Solberg
Thissen
Urdahl
Wardlow
Westrom
Spk. Sviggum
Those who voted in the negative were:
Abrams
Bradley
Brod
Buesgens
Carlson
Charron
Cybart
Davnie
Dean
DeLaForest
Demmer
Dittrich
Eastlund
Emmer
Entenza
Erhardt
Erickson
Finstad
Garofalo
Goodwin
Greiling
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hosch
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Kahn
Kelliher
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Mullery
Nelson, M.
Nelson, P.
Newman
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, S.
Poppe
Powell
Ruud
Scalze
Seifert
Sieben
Simon
Simpson
Soderstrom
Sykora
Thao
Tingelstad
Vandeveer
Wagenius
Walker
Welti
Westerberg
Wilkin
Zellers
The motion did not prevail and the
amendment was not adopted.
Solberg and Seifert moved to amend S. F.
No. 2939, as amended, as follows:
Page 2, after line 3, insert:
"Sec. 3. 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."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Juhnke moved that
S. F. No. 2939, as amended, be continued on the Calendar for the
Day. The motion prevailed.
Paulsen moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
MOTION
TO FIX TIME TO CONVENE
Paulsen moved that when the House adjourns
today it adjourn until 11:00 a.m., Friday, May 19, 2006. The motion prevailed.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
Pursuant to Joint Rule 3.02(a), the
Conference Committee on H. F. No. 785 was discharged.
I hereby announce that the Senate accedes
to the request of the House for the appointment of a new Conference Committee
on the amendments adopted by the Senate to the following House File:
H. F. No. 785, A bill for an act relating
to financing and operation of government in this state; modifying truth in
taxation provisions and adding a taxpayer satisfaction survey; changing income,
corporate franchise, withholding, estate, property, sales and use, mortgage
registry, health care gross revenues, motor fuels, gambling, cigarette and
tobacco products, occupation, net proceeds, production, liquor, insurance, and
other taxes and tax-related provisions; making technical, clarifying,
collection, enforcement, refund, and administrative changes to certain taxes
and tax-related provisions, tax-forfeited lands, revenue recapture, unfair
cigarette sales, state debt collection, sustainable forest incentive programs,
and payments in lieu of taxes; changing local government aids and credits;
providing for determination of population for certain purposes; updating
references to the Internal Revenue Code, changing property tax exemptions,
homesteads, assessment, valuation, classification, class rates, levies, deferral,
review and equalization, appeals, notices and statements, and distribution
provisions; changing rent constituting property taxes and property tax refunds;
requiring state contracts be with vendors registered to collect use taxes;
abolishing the political contribution refund; authorizing local sales taxes;
extending a sales tax expiration; providing for compliance with streamlined
sales tax agreement; changing the taxation of liquor and cigarettes;
authorizing income tax checkoffs; requiring registration of tax shelters and
providing for a voluntary compliance initiative; changing job opportunity
building zones, border city development zones, biotechnology and health
sciences industry zone provisions; setting minimum employee compensation for
qualifying business in a JOBZ; limiting sales tax construction exemption in job
zones to businesses paying prevailing wage; requiring a referendum for certain
subsidies to gambling enterprises; authorizing charges for certain emergency
services; imposing a franchise fee on card clubs; defining the term
"tax"; regulating tax preparers; suspending appropriations or aids to
public employers who prohibit certain employees from wearing a flag on a
uniform; providing for training and conduct of assessors; prohibiting purchases
of tax-forfeited lands by certain local officials; providing for data
classification and exchange of data; establishing a tax reform commission;
providing and imposing powers and duties on the commissioner of revenue and
other state agencies and departments and on certain political subdivisions and
certain officials; changing and imposing penalties; requiring reports;
transferring funds; appropriating money;
amending Minnesota Statutes 2004, sections 4A.02; 16C.03, by adding a
subdivision; 16D.10; 168A.05, subdivision 1a; 190.09, subdivision 2; 240.30, by
adding a subdivision; 270.02, subdivision 3; 270.11, subdivision 2; 270.16,
subdivision 2; 270.30, subdivisions 1, 5, 6, 8, by adding subdivisions; 270.65;
270.67, subdivision 4; 270.69, subdivision 4; 270A.03, subdivisions 5, 7;
272.01, subdivision 2; 272.02, subdivisions 1a, 7, 47, 53, 64, by adding
subdivisions; 272.0211, subdivisions 1, 2; 272.0212, subdivisions 1, 2;
272.029, subdivisions 4, 6; 273.055; 273.0755; 273.11, subdivisions
1a, 8, by adding subdivisions; 273.111, by adding a subdivision; 273.123,
subdivision 7; 273.124, subdivisions 3, 6, 8, 14, 21; 273.125, subdivision 8;
273.13, subdivisions 22, 23, 25, by adding a subdivision; 273.1315; 273.1384,
subdivision 1; 273.19, subdivision 1a; 273.372; 274.01, subdivision 1; 274.014,
subdivisions 2, 3; 274.14; 275.025, subdivision 4; 275.065, subdivisions 1c, 3,
4, 7, by adding subdivisions; 275.07, subdivisions 1, 4; 276.04, subdivision 2;
276.112; 276A.01, subdivision 7; 282.016; 282.08; 282.15; 282.21; 282.224;
282.301; 287.04; 289A.02, subdivision 7; 289A.08, subdivisions 1, 3, 7, 13, 16;
289A.18, subdivision 1; 289A.19, subdivision 4; 289A.20, subdivision 2;
289A.31, subdivision 2; 289A.37, subdivision 5; 289A.38, subdivisions 6, 7, by
adding subdivisions; 289A.40, subdivision 2, by adding subdivisions; 289A.50,
subdivisions 1, 1a; 289A.56, by adding a subdivision; 289A.60, subdivisions 2a,
4, 6, 7, 11, 13, 20, by adding subdivisions; 290.01, subdivisions 6, 7, 7b, 19,
as amended, 19a, 19b, 19c, 19d, 31; 290.032, subdivisions 1, 2; 290.06,
subdivisions 2c, 22, by adding a subdivision; 290.067, subdivisions 1, 2a;
290.0671, subdivisions 1, 1a; 290.0672, subdivisions 1, 2; 290.0674,
subdivisions 1, 2; 290.0675, subdivision 1; 290.091, subdivisions 2, 3;
290.0922, subdivision 2; 290.191, subdivisions 2, 3; 290.92, subdivisions 1,
4b; 290A.03, subdivisions 3, 11, 13, 15, by adding subdivisions; 290A.07, by
adding a subdivision; 290A.19; 290B.05, subdivision 3; 290C.05; 290C.10;
291.005, subdivision 1; 291.03, subdivision 1; 295.52, subdivision 4; 295.53,
subdivision 1; 295.582; 295.60, subdivision 3; 296A.22, by adding a
subdivision; 297A.61, subdivisions 3, 4, by adding a subdivision; 297A.64,
subdivision 4; 297A.668, subdivisions 1, 5; 297A.67, subdivisions 2, 7, 9, 29,
by adding a subdivision; 297A.68, subdivisions 2, 5, 28, 35, 37, 38, 39, by
adding subdivisions; 297A.70, subdivision 10; 297A.71, subdivision 12, by
adding a subdivision; 297A.72, by adding a subdivision; 297A.75, subdivision 1;
297A.87, subdivisions 2, 3; 297A.99, subdivisions 1, 3, 4, 9, by adding
subdivisions; 297E.01, subdivisions 5, 7, by adding subdivisions; 297E.06,
subdivision 2; 297E.07; 297F.08, subdivision 12, by adding a subdivision;
297F.09, subdivisions 1, 2; 297F.14, subdivision 4; 297G.09, by adding a
subdivision; 297I.01, by adding subdivisions; 297I.05, subdivisions 4, 5, by
adding a subdivision; 298.01, subdivisions 3, 4; 298.24, subdivision 1; 298.75,
by adding a subdivision; 325D.33, subdivision 6; 365.43, subdivision 1;
365.431; 366.011; 366.012; 373.45, subdivision 7; 469.169, by adding a
subdivision; 469.1735, subdivision 3; 469.176, subdivisions 4l, 7; 469.310,
subdivision 11, by adding a subdivision; 469.315; 469.316; 469.317; 469.319,
subdivision 1, by adding a subdivision; 469.320, subdivision 3; 469.330,
subdivision 11; 469.335; 469.337; 469.340, subdivision 1; 473.843, subdivision
5; 473F.02, subdivisions 2, 7; 477A.011, subdivisions 3, 34, 35, 36, 38;
477A.0124, subdivisions 2, 4; 477A.013, subdivisions 8, 9, by adding a
subdivision; 477A.016; 477A.03, subdivisions 2a, 2b; 477A.11, subdivision 4, by
adding a subdivision; 477A.12, subdivisions 1, 2; 477A.14, subdivision 1;
645.44, by adding a subdivision; Laws 1998, chapter 389, article 3, section 42,
subdivision 2, as amended; Laws 1998, chapter 389, article 8, section 43,
subdivision 3; Laws 2001, First Special Session chapter 5, article 3, section
8; Laws 2001, First Special Session chapter 5, article 12, section 95, as
amended; Laws 2002, chapter 377, article 3, section 4; Laws 2003, chapter 127,
article 5, section 27; Laws 2003, chapter 127, article 5, section 28; Laws
2003, First Special Session chapter 21, article 5, section 13; Laws 2003, First
Special Session chapter 21, article 6, section 9; Laws 2005, chapter 43,
section 1; proposing coding for new law in Minnesota Statutes, chapters 15;
270; 272; 273; 275; 280; 289A; 290; 290C; 295; 297A; 297F; 373; 459; 473;
repealing Minnesota Statutes 2004, sections 10A.322, subdivision 4; 16A.1522,
subdivision 4; 270.85; 270.88; 272.02, subdivision 65; 273.19, subdivision 5;
273.37, subdivision 3; 274.05; 275.065, subdivisions 5a, 6, 6b, 8; 275.15;
275.61, subdivision 2; 283.07; 290.06, subdivision 23; 297E.12, subdivision 10;
469.1794, subdivision 6; 477A.08; Laws 1975, chapter 287, section 5; Laws 1998,
chapter 389, article 3, section 41; Laws 2003, chapter 127, article 9, section
9, subdivision 4; Minnesota Rules, parts 8093.2000; 8093.3000; 8130.0110,
subpart 4; 8130.0200, subparts 5, 6; 8130.0400, subpart 9; 8130.1200, subparts
5, 6; 8130.2900; 8130.3100, subpart 1; 8130.4000, subparts 1, 2; 8130.4200,
subpart 1; 8130.4400, subpart 3; 8130.5200; 8130.5600, subpart 3; 8130.5800,
subpart 5; 8130.7300, subpart 5; 8130.8800, subpart 4.
The Senate
has appointed as such committee:
Senators
Pogemiller, Belanger, Skoe, Moua and Marty.
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 File, herewith transmitted:
S. F. No. 2814.
Patrick E. Flahaven, Secretary
of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2814, A bill for an act relating to natural
resources; modifying and renaming the Legislative Commission on Minnesota Resources;
adding citizens and making structural changes; modifying prior appropriations;
appropriating money; amending Minnesota Statutes 2004, sections 116P.02,
subdivision 4; 116P.03; 116P.04, subdivision 5; 116P.05, as amended; 116P.07;
116P.08, subdivisions 3, 4, 5, 6; 116P.09, subdivisions 1, 6, by adding a
subdivision; 116P.11; Minnesota Statutes 2005 Supplement, section 10A.01,
subdivision 35; Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 10; repealing Minnesota
Statutes 2004, sections 116P.02, subdivision 2; 116P.06; Laws 2005, First
Special Session chapter 1, article 2, section 156, subdivision 2.
The bill was read for the first time.
Tingelstad moved that S. F. No. 2814 and H. F. No. 2972, now
on the Calendar for the Day, be referred to the Chief Clerk for
comparison. The motion prevailed.
MOTIONS AND RESOLUTIONS
Johnson, J., moved that the name of
Charron be added as an author on H. F. No. 2846. The motion prevailed.
Cybart moved that the name of Tingelstad
be added as an author on H. F. No. 3664. The motion prevailed.
MOTION FOR CALENDAR FOR THE DAY
Pursuant to the notice given on Thursday,
May 11, 2006, Lieder moved that S. F. No. 1604 be placed on and be considered
first on the Calendar for the Day for Friday, May 19, 2006.
A roll call was requested and properly
seconded.
The question was taken on the Lieder
motion and the roll was called. There
were 65 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail.
There being no objection, the order of
business reverted to Reports of Standing Committees.
REPORTS OF STANDING COMMITTEES
Paulsen
from the Committee on Rules and Legislative Administration to which was
referred:
S. F. No.
367, A bill for an act relating to education; requiring notice when a school or
district uses certain pools for competitive high school diving; amending
Minnesota Statutes 2004, section 123B.492.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
HEALTH CARE
COST-CONTAINMENT
Section
1. [62J.62]
ELECTRONIC BILLING ASSISTANCE.
The
commissioner of human services shall, out of existing resources, encourage and
assist providers to adopt and use electronic billing for state programs,
including but not limited to the provision of training.
Sec.
2. [62M.071]
PRIOR AUTHORIZATION.
Health plan
companies, in cooperation with health care providers, shall review prior
authorization procedures administered by utilization review organizations and
health plan companies to ensure the cost-effective use of prior authorization
and minimization of provider, clinic, and central office administrative burden.
Sec. 3. [62M.072]
USE OF EVIDENCE-BASED STANDARDS.
If no
independently developed evidence-based standards exist for a particular
treatment, testing, or imaging procedure, then an insurer or utilization review
organization shall not deny coverage of the treatment, testing, or imaging
based solely on the grounds that the treatment, testing, or imaging does not
meet an evidence-based standard. This
section does not prohibit an insurer or utilization review organization from
denying coverage for services that are investigational, experimental, or not
medically necessary.
Sec.
4. [144.0506]
AGENCY WEB SITES.
Subdivision
1. Information to be posted.
The commissioner of health may post the following information on
agency Web sites, including minnesotahealthinfo.com:
(1) healthy
lifestyle and preventive health care information, organized by sex and age,
with procedures and treatments categorized by level of effectiveness and
reliability of the supporting evidence on effectiveness;
(2) health
plan company administrative efficiency report cards;
(3) health
care provider charges for common procedures, based on information available
under section 62J.052;
(4)
evidence-based medicine guidelines and related information for use as resources
by health care professionals, and summaries of the guidelines and related
information for use by patients and consumers;
(5)
resources and Web links related to improving efficiency in medical clinics and
health care professional practices; and
(6) lists
of nonprofit and charitable entities that accept donations of used medical
equipment and supplies, such as crutches and walkers.
Subd. 2. Other
Internet resources. The
commissioner of health, in implementing subdivision 1, shall include relevant
Web links and materials from private sector and other government sources in
order to avoid duplication and reduce state administrative costs.
Subd. 3. Cooperation
with commissioner of commerce. The
commissioner of health shall consult and work in cooperation with the commissioner
of commerce when posting on the Web site information collected from health plan
companies regulated by the commissioner of commerce.
Sec.
5. [147.37]
INFORMATION PROVISION; PHARMACEUTICAL ASSISTANCE PROGRAMS.
The board
shall encourage licensees to make available to patients information on free and
discounted prescription drug programs offered by pharmaceutical manufacturers
when the information is provided to the licensees at no cost.
Sec.
6. Minnesota Statutes 2004, section
148.06, subdivision 1, is amended to read:
Subdivision
1. License
required; qualifications. No person
shall practice chiropractic in this state without first being licensed by the
State Board of Chiropractic Examiners.
The applicant shall have earned at least one-half of all academic
credits required for awarding of a baccalaureate degree from the University of
Minnesota, or other university, college, or community college of equal
standing, in subject matter determined by the board, and taken a four-year
resident course of at least eight months each in a school or college of
chiropractic or in a chiropractic program that is accredited by the Council on
Chiropractic Education, holds a recognition agreement with the Council on
Chiropractic Education, or is accredited by an agency approved by
the United States Office of Education or their successors as of January 1,
1988. The board may issue licenses to
practice chiropractic without compliance with prechiropractic or academic
requirements listed above if in the opinion of the board the applicant has the
qualifications equivalent to those required of other applicants, the applicant
satisfactorily passes written and practical examinations as required by the
Board of Chiropractic Examiners, and the applicant is a graduate of a college
of chiropractic with a reciprocal recognition agreement with the Council
on Chiropractic Education as of January 1, 1988. The board may recommend a two-year
prechiropractic course of instruction to any university, college, or community
college which in its judgment would satisfy the academic prerequisite for
licensure as established by this section.
An
examination for a license shall be in writing and shall include testing in:
(a) The
basic sciences including but not limited to anatomy, physiology, bacteriology,
pathology, hygiene, and chemistry as related to the human body or mind;
(b) The
clinical sciences including but not limited to the science and art of
chiropractic, chiropractic physiotherapy, diagnosis, roentgenology, and
nutrition; and
(c)
Professional ethics and any other subjects that the board may deem advisable.
The board
may consider a valid certificate of examination from the National Board of
Chiropractic Examiners as evidence of compliance with the examination
requirements of this subdivision. The
applicant shall be required to give practical demonstration in vertebral
palpation, neurology, adjusting and any other subject that the board may deem
advisable. A license, countersigned by
the members of the board and authenticated by the seal thereof, shall be
granted to each applicant who correctly answers 75 percent of the questions
propounded in each of the subjects required by this subdivision and meets the
standards of practical demonstration established by the board. Each application shall be accompanied by a
fee set by the board. The fee shall not
be returned but the applicant may, within one year, apply for examination
without the payment of an additional fee.
The board may grant a license to an applicant who holds a valid license
to practice chiropractic issued by the appropriate licensing board of another
state, provided the applicant meets the other requirements of this section and
satisfactorily passes a practical examination approved by the board. The burden of proof is on the applicant to
demonstrate these qualifications or satisfaction of these requirements.
Sec.
7. [148.108]
FEES.
Subdivision
1. Fees. In addition
to the fees established in Minnesota Rules, chapter 2500, the board is
authorized to charge the fees in this section.
Subd. 2. Annual
renewal of inactive acupuncture registration. The annual renewal of inactive acupuncture
registration fee is $25.
Subd. 3. Acupuncture
reinstatement. The
acupuncture reinstatement fee is $50.
Sec.
8. Minnesota Statutes 2004, section
151.214, subdivision 1, is amended to read:
Subdivision
1. Explanation
of pharmacy benefits. A pharmacist
licensed under this chapter must provide to a patient, for each prescription
dispensed where part or all of the cost of the prescription is being paid or
reimbursed by an employer-sponsored plan or health plan company, or its
contracted pharmacy benefit manager, the patient's co-payment amount and the pharmacy's
own usual and customary price of the prescription or the amount the pharmacy
will be paid for the prescription drug by the patient's employer-sponsored plan
or health plan company, or its contracted pharmacy benefit manager.
Sec.
9. Minnesota Statutes 2005 Supplement,
section 214.071, is amended to read:
214.071 HEALTH BOARDS; DIRECTORY OF LICENSEES.
By July 1,
2009, each health health-related licensing board under
chapters 147, 148, 148B, and 150A, as defined in section 214.01,
subdivision 2, shall establish a directory of licensees that includes
biographical data for each licensee.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
10. [214.121]
PRICE DISCLOSURE REMINDER.
Each
health-related licensing board shall at least annually inform and remind its
licensees of the price disclosure requirements of section 62J.052 or 151.214,
as applicable, through the board's regular means of communicating with its
licensees.
Sec.
11. [256B.043]
COST CONTAINMENT EFFORTS.
Subdivision
1. Alternative and complementary health care. The commissioner of human services,
through the medical director and in consultation with the health services
policy committee established under section 256B.0625, subdivision 3c, as part
of the commissioner's ongoing duties, shall consider the potential for
improving quality and obtaining cost savings through greater use of alternative
and complementary treatment methods and clinical practice; shall incorporate
these methods into the medical assistance, MinnesotaCare, and general
assistance medical care programs; and shall make related legislative
recommendations as appropriate. The
commissioner shall post the recommendations required under this subdivision on
agency Web sites according to chapter 144.0506, subdivision 1.
Subd. 2. Access
to care. (a) The
commissioners of human services and health, as part of their ongoing duties,
shall consider the adequacy of the current system of community health clinics
and centers both statewide and in urban areas with significant disparities in
health status and access to services across racial and ethnic groups,
including:
(1) methods
to provide 24-hour availability of care through the clinics and centers;
(2) methods
to expand the availability of care through the clinics and centers;
(3) the use
of grants to expand the number of clinics and centers, the services provided,
and the availability of care; and
(4) the
extent to which increased use of physician assistants, nurse practitioners,
medical residents and interns, and other allied health professionals in clinics
and centers would increase the availability of services.
(b)
The commissioners shall make departmental modifications and legislative
recommendations as appropriate on the basis of their considerations under
paragraph (a).