STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
EIGHTY-NINTH DAY
Saint Paul, Minnesota, Tuesday, March 11, 2008
The House of Representatives convened at 5:30 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Richard D. Buller, House
Chaplain, New Hope, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Eastlund; Hilstrom; Jaros; Kohls; Kranz; Peterson, N.; Smith;
Walker and Winkler were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Cornish moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
March
7, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House File:
H. F. No. 3201, relating to financing and
operation of government in this state; making policy, technical,
administrative, payment, enforcement, collection, proceeds distribution,
refund, and other changes to income, franchise, property, state and local sales
and use, motor vehicle sales, minerals, estate, cigarette and tobacco products,
gasoline, liquor, insurance premiums, mortgage and deed, healthcare gross
revenues, and wheelage taxes, and other taxes and tax-related provisions;
conforming to certain changes in the Internal Revenue Code; changing
accelerated sales tax payments; providing for licensure of assessors; changing
provisions relating to the sustainable forest resource management incentive
program; providing for aids to local governments; providing for state debt
collection; changing border city allocation, tax increment financing, and
economic development, provisions, powers, and incentives; authorizing purchase
of forest lands; authorizing and validating trusts to pay certain public
postemployment benefits; providing for iron range higher education programs;
changing revenue recapture, local impact notes, and data practices provisions;
providing penalties; appropriating money.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2008 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3201 154 5:17
p.m. March 7 March
7
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 1218, A bill for an act relating to crimes; requiring defendant waiver of
jury trial to be consented by the prosecutor; proposing coding for new law in
Minnesota Statutes, chapter 631.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1394, A bill for an act relating to elections; providing for establishment
of single-member school board election districts in Independent School District
No. 271, Bloomington.
Reported
the same back with the following amendments:
Page
2, line 1, delete everything before "after"
Page
2, line 3, before the period, insert ", section 1 is effective for
school district elections held in 2013 and thereafter"
Page
2, line 9, delete everything before the period and insert "for school
district elections held in 2013 and thereafter"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 1499, A bill for an act relating to commerce; enacting the Uniform Prudent
Management of Institutional Funds Act approved and recommended by the National
Conference of Commissioners on Uniform State Laws; proposing coding for new law
in Minnesota Statutes, chapter 309; repealing Minnesota Statutes 2006, sections
309.62; 309.63; 309.64; 309.65; 309.66; 309.67; 309.68; 309.69; 309.70; 309.71.
Reported
the same back with the following amendments:
Page
1, line 14, delete ", the promotion of a governmental purpose"
Page
1, line 15, after "other" insert "eleemosynary"
and delete everything after "purpose" and insert a period
Page
5, delete lines 19 to 32 and insert:
"(b)
The court, upon application of an institution, may modify a restriction
contained in the gift instrument of an institutional fund pursuant to the
procedure, and in accordance with the standards, set forth in section 501B.31,
subdivision 2 or 4, whichever is applicable."
Page
5, line 33, delete "(d)" and insert "(c)"
Page
6, line 4, delete "$25,000" and insert "$50,000"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 1822, A bill for an act relating to transportation; requiring that mobile
telephones used in motor vehicles be hands-free; providing a defense; proposing
coding for new law in Minnesota Statutes, chapter 169.
Reported
the same back with the following amendments:
Page
1, line 6, delete "MOBILE TELEPHONES" and insert "CELLULAR
PHONES"
Page
1, delete lines 8 to 9
Page
1, line 10, delete "(b)" and insert "(1)" and
delete "mobile"
Page
1, line 11, delete "telephone" and insert "cellular
phone"
Page
1, line 12, delete the period and insert "; and"
Page
1, line 13, delete "(c)" and insert "(2)" and
after "talking" insert ", text messaging,"
and delete "mobile telephone" and insert "cellular phone"
Page
1, lines 14, 15, and 20, delete "mobile telephone" and insert
"cellular phone"
Amend
the title as follows:
Page
1, line 2, delete "mobile telephones" and insert "cellular
phones"
With
the recommendation that when so amended the bill be re-referred to the
Committee on Public Safety and Civil Justice without further recommendation.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 2107, A bill for an act relating to telecommunications; setting certain
goals; providing for a broadband policy director and advisory board; amending
Minnesota Statutes 2006, sections 237.011; 237.082; 237.16, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 237.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [237.012]
HIGH-SPEED BROADBAND TASK FORCE.
(a)
The High-Speed Broadband Task Force is established to make recommendations to
the governor and the legislature regarding the creation of a state high-speed
broadband goal and a plan to achieve it.
(b)
The High-Speed Broadband Task Force consists of the following members, to be
appointed by the governor, unless otherwise indicated:
(1)
one member representing higher educational systems, and one member representing
K-12 institutions or consortia;
(2)
one member representing regional public libraries;
(3)
one member representing the Communications Workers of America;
(4)
one member representing health care institutions located in the metropolitan
area, and one member representing health care institutions located in rural
areas;
(5)
three members representing telephone companies, one of whom shall represent
telephone companies with 50,000 or fewer subscribers located outside the
metropolitan area;
(6)
one member representing cable communications systems providers located in the
metropolitan area, and one member representing cable communications systems
providers located in rural areas;
(7)
one member representing wireless Internet service providers;
(8)
one member representing Minnesota counties;
(9)
two members representing Minnesota cities;
(10)
four citizen-at-large members representing Internet users, equally divided
between business and residential users in the metropolitan area and rural
areas;
(11)
the commissioner of commerce or the commissioner's designee;
(12)
the commissioner of employment and economic development or the commissioner's
designee;
(13)
Office of Enterprise Technology or designee;
(14)
two members of the senate, including one member from the majority party and one
member from the second largest political party in the senate, one of whom is
from the metropolitan area and one from outside the metropolitan area,
appointed by the chair of the senate committee with primary jurisdiction over
telecommunications policy; and
(15)
two members of the house of representatives, including one member from the
majority party and one member from the second largest political party in the
house of representatives, one of whom is from the metropolitan area and one
from outside the metropolitan area, appointed by the chair of the house
committee with primary jurisdiction over telecommunications policy.
For purposes of this
paragraph, "metropolitan area" means the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
(c)
The governor shall designate one of the citizen-at-large members to serve as
chair of the task force. The Department
of Commerce shall provide logistical and administrative support to the task
force.
(d)
By November 1, 2009, the task force shall submit a report to the governor and
the chairs and ranking minority members of the senate and house committees with
primary jurisdiction over telecommunications policy containing recommendations
for the development of a comprehensive statewide broadband deployment goal and
plan. The report must include, at a
minimum:
(1)
identification of the level of broadband service, including connection speeds
for sending and receiving data, that is reasonably needed by all citizens by
2015;
(2)
a description of the policies and actions necessary to achieve the goal,
including the elimination of obstacles to investment and the identification of
areas in the state that currently lack infrastructure necessary to support
broadband service;
(3)
a description of the opportunities for the public and private sectors to
cooperate to achieve the goal;
(4)
an evaluation of strategies, financing methods, and financial incentives used
in other states and countries to support the deployment of high speed
broadband;
(5)
an evaluation and recommendation of the security, vulnerability, and redundancy
actions necessary to ensure the reliability of high-speed broadband;
(6)
an estimate of the costs of reaching the broadband goal, including capital
costs, and identification of who will bear those costs;
(7)
a description of economic development opportunities made possible by the wide
dissemination of high-speed broadband; and
(8)
an evaluation of how access to high-speed broadband can benefit educational
institutions, healthcare institutions, community-based organizations, and
government institutions.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. EXPIRATION.
Section
1 expires March 2, 2010."
Delete
the title and insert:
"A
bill for an act relating to telecommunications; establishing the High-Speed
Broadband Task Force; proposing coding for new law in Minnesota Statutes,
chapter 237."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 2779, A bill for an act relating to workforce development; establishing a
lifelong learning account program; allowing tax credits to employees and
employers for contributions to lifelong learning accounts; appropriating money;
proposing coding for new law in Minnesota Statutes, chapters 175; 290.
Reported
the same back with the following amendments:
Page
1, line 7, delete "175.172" and insert "116L.85"
Page
1, line 9, delete "Labor and Industry" and insert "Employment
and Economic Development"
Page
3, line 4, delete "labor and industry" and insert "employment
and economic development"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Taxes.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 2787, A bill for an act relating to the interpretation of statutes;
providing that certain private actions are in the public interest and benefit
the public; amending Minnesota Statutes 2006, section 645.17.
Reported
the same back with the following amendments:
Page
1, line 21, after the period, insert "Nothing in this section shall be
construed to create a cause of action not available under chapter 72A."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 2805, A bill for an act relating to occupations; modifying effective dates
for restricted plumber licenses; amending Minnesota Statutes 2007 Supplement,
section 326.402, subdivisions 1, 3.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Ways and Means.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 2811, A bill for an act relating to occupations and professions; modifying
provisions governing the Board of Accountancy; amending Minnesota Statutes
2006, sections 326A.01, subdivisions 2, 12, 17, by adding a subdivision;
326A.02, subdivisions 1, 3, 4, 5, 6, by adding a subdivision; 326A.03; 326A.04;
326A.05, subdivisions 1, 2, 3, 4; 326A.06; 326A.07; 326A.08, subdivisions 2, 4,
5, 6, 7, 8, 9; 326A.10; 326A.12; 326A.13; 326A.14; repealing Minnesota Statutes
2006, section 326A.05, subdivision 9.
Reported
the same back with the following amendments:
Page
1, after line 9, insert:
"Section
1. Minnesota Statutes 2006, section
13.411, is amended by adding a subdivision to read:
Subd.
9. Board
of Accountancy. Data
relating to disciplinary proceedings involving licensees of the Board of
Accountancy are classified under section 326A.08, subdivision 2."
Page
15, after line 15, insert:
"Sec.
18. Minnesota Statutes 2006, section
326A.05, subdivision 5, is amended to read:
Subd.
5. Fees. The board shall charge a fee for each
application for initial issuance or renewal of a permit under this
section. A firm that is required to
hold a permit under this section and has one or more offices located in another
state shall pay an initial permit issuance fee of $100 and an annual renewal
fee of $68 per year."
Page
16, delete lines 10 to 12 and insert "Hearings conducted under chapter
14 that relate to a disciplinary action must be closed to the public, except
for individuals whose presence is necessary for conducting the proceeding or
providing testimony or evidence. The
hearing record and the findings, conclusions, report, and order or
recommendation of the administrative law judge are private data on individuals,
as defined in section 13.02, until the board issues its final order or the
report or order of the administrative law judge becomes the final decision in
the case."
Page
17, line 35, after "not" insert "a conviction was obtained or"
and after "withheld" insert "and whether or not dishonesty or
fraud was an element of the conduct"
Page
18, line 22, after the semicolon, insert "or"
Page
18, line 25, delete "; or" and insert a period
Page
18, delete lines 26 to 28
Page
28, line 11, delete "30" and insert "32"
Renumber
the sections in sequence and correct the internal references
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 2904, A bill for an act relating to state government operations; establishing
procedures for state agencies to assist communities to recover from a natural
disaster; proposing coding for new law as Minnesota Statutes, chapter 12A.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 2955, A bill for an act relating to education; amending school background
check requirements; amending Minnesota Statutes 2006, section 123B.03,
subdivision 3, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
123B.03, subdivision 3, is amended to read:
Subd.
3. Definitions. For purposes of this section:
(a)
"School" means a school as defined in section 120A.22, subdivision 4,
except a home school, and includes a school receiving tribal contract or grant
school aid under section 124D.83; school, for the purposes of this section,
also means a service cooperative, a special education cooperative, or an
education district under Minnesota Statutes 1997 Supplement, section 123.35, a
charter school under section 124D.10, an intermediate school district under
section 136D.01, and a joint powers district under section 471.59.
(b)
"School hiring authority" means the school principal or other person
having general control and supervision of the school.
(c)
"Security violations" means failing to prevent or failing to
institute safeguards to prevent the access, use, retention, or dissemination of
information in violation of the security and management control outsourcing
standard established by the state compact officer under section 299C.58,
article I, paragraph (2)(B). A
third-party contractor that has engaged in security violations is ineligible to
participate under this section and a school hiring authority must not contract
with such a contractor.
Sec.
2. Minnesota Statutes 2006, section
123B.03, is amended by adding a subdivision to read:
Subd.
4. Third-party
contractors; responsibility for criminal history record information. (a) For purposes of this section, a
school hiring authority may contract with an eligible third party to conduct
the criminal history background check required under subdivision 1. Before entering into the contract, the
school hiring authority must:
(1)
provide the state compact officer with the name of the proposed third-party
contractor and a copy of the proposed contract;
(2)
determine from the state compact officer whether the proposed contractor has
engaged in security violations; and
(3)
request and receive permission from the state compact officer to enter into the
contract with the proposed contractor.
(b)
The contract must specify the purposes for which the background check
information may be made available and shall incorporate into the contract by
reference the management control outsourcing standard under subdivision 3,
paragraph (c). A third-party contractor
under this section is subject to section 13.05, subdivision 11.
(c)
A school hiring authority must inform an individual who is the subject of a
criminal history background check by a third-party contractor that the
individual has the right to request and obtain from the school hiring authority
a copy of the background check report.
A school hiring authority may charge the individual for the actual cost
of providing a copy of the report. An
individual who is the subject of a criminal history background check by a
third-party contractor has the right to challenge the accuracy and completeness
of any information contained in the background check report, consistent with
section 13.04, subdivision 4."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 2970, A bill for an act relating to traffic regulations; requiring
motorists to move to far left of roadway before passing road maintenance
workers; amending Minnesota Statutes 2006, section 169.18, subdivision 1, by
adding a subdivision.
Reported
the same back with the following amendments:
Page
2, line 2, before "road" insert "freeway service
patrol," and after "maintenance" insert a comma
Page
2, line 7, before "road" insert "freeway service
patrol," and after "maintenance" insert a comma
Page
2, line 15, after "incident" insert a period
Page
2, delete lines 16 to 28
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 2972, A bill for an act relating to economic development; renaming
Minnesota Technology, Inc. to Enterprise Minnesota, Inc.; updating provisions;
making technical changes; amending Minnesota Statutes 2006, sections 116O.01;
116O.011; 116O.02, subdivision 6; 116O.03, subdivisions 1a, 7; 116O.04,
subdivisions 1, 2; 116O.05, subdivisions 1, 2, 4; proposing coding for new law
in Minnesota Statutes, chapter 116O; repealing Minnesota Statutes 2006,
sections 116O.03, subdivision 11; 116O.06; 116O.07; 116O.071; 116O.072;
116O.08; 116O.09, subdivisions 1, 1a, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13;
116O.091, subdivisions 1, 4, 5, 6; 116O.10; 116O.11; 116O.12; 116O.122;
116O.13; Minnesota Statutes 2007 Supplement, section 116O.09, subdivision 2.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
116O.01, is amended to read:
116O.01 CITATION.
Sections
116O.01 to 116O.10 116O.061 may be cited as the "Minnesota
Technology, Inc. Act Enterprise Minnesota, Inc. Act."
Sec.
2. Minnesota Statutes 2006, section
116O.011, is amended to read:
116O.011 NAME CHANGE.
The
Greater Minnesota Corporation is renamed Minnesota Technology, Inc., formerly known as
the Greater Minnesota Corporation, is renamed Enterprise Minnesota, Inc.
Sec.
3. Minnesota Statutes 2006, section
116O.02, subdivision 6, is amended to read:
Subd.
6. Technology-related
assistance.
"Technology-related assistance" means the transfer application
and utilization of technological information and technologies to assist in
the development and production of new technology-related products or services
or to increase the productivity or otherwise enhance the production or delivery
of existing products or services. "Technology-related assistance"
includes assistance in utilizing and developing processes and products that
conserve energy.
Sec.
4. Minnesota Statutes 2006, section
116O.03, subdivision 1a, is amended to read:
Subd.
1a. Purpose. The purpose of the
corporation is to foster long-term economic growth and job creation by stimulating
innovation and the development of new products, services, and production
processes through energy conservation, technology transfer, applied research
application and utilization, and financial assistance. The corporation's purpose is not to create new
programs or services but to build on the existing educational, business, and
economic development infrastructure.
The primary focus of the corporation's activities must be to benefit new
or existing small and medium-sized businesses in greater Minnesota.
Sec.
5. Minnesota Statutes 2006, section
116O.03, subdivision 7, is amended to read:
Subd.
7. Application
and investigative data. The
following data is classified as private data with regard to data on individuals
under section 13.02, subdivision 12, or as nonpublic data with regard to data
not on individuals under section 13.02, subdivision 9, whichever is
applicable:
(1)
financial data, statistics, and information furnished in connection with
assistance or proposed assistance under section 116O.06 116O.061,
including credit reports, financial statements, statements of net worth, income
tax returns, either personal or corporate, and any other business and personal
financial records; or
(2)
security information, trade secret information, or labor relations information,
as defined in section 13.37, subdivision 1, disclosed to members of the
corporation board or employees of the corporation under section 116O.06
116O.061.
Sec.
6. Minnesota Statutes 2006, section
116O.04, subdivision 1, is amended to read:
Subdivision
1. Generally. The board shall appoint and set the
compensation for a president, who serves as chief executive officer of the
corporation, and who may appoint subordinate officers. The president's salary may not exceed 95
percent of the governor's salary. The
board may designate the president as its general agent. Subject to the control of the board, the
president shall employ employees, consultants, and agents the president
considers necessary. The staff of the
corporation must include individuals with operational experience and
knowledgeable in commercial and industrial financing, energy conservation,
research and development, economic development, and general fiscal
affairs. The board shall define the
duties and designate the titles of the employees and agents.
Sec.
7. Minnesota Statutes 2006, section
116O.04, subdivision 2, is amended to read:
Subd.
2. Status
of employees. (a) Employees,
officers, and directors of the corporation and programs governed by this
chapter are not state employees, but are covered by section 3.736 and, at the
option of the board, may participate in the state retirement plan and the state
deferred compensation plan for employees in the unclassified service and an
insurance plan administered by the commissioner of employee relations.
(b)
The board of Minnesota Project Innovation, Inc., may extend the health care
insurance benefits and coverage referenced in paragraph (a) to all of its
employees.
Sec.
8. Minnesota Statutes 2006, section
116O.05, subdivision 1, is amended to read:
Subdivision
1. General
corporate powers. (a) The
corporation has the powers granted to a business corporation by section
302A.161, subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13, except that the
corporation may not act as a general partner in any partnership; 14; 15; 16;
17; 18; and 22.
(b)
The state is not liable for the obligations of the corporation.
(c)
Section 302A.041 applies to this chapter and the corporation in the same manner
that it applies to business corporations established under chapter 302A.
(d)
The corporation is a state agency for the purposes of the following accounting
and budgeting requirements:
(1)
financial reports and other requirements under section 16A.06;
(2)
the state budget system under sections 16A.095, 16A.10, and 16A.11;
(3)
the state allotment and encumbrance, and accounting systems under sections
16A.14, subdivisions 2, 3, 4, and 5; and 16A.15, subdivisions 2 and 3; and
(4)
indirect costs under section 16A.127.
Sec.
9. Minnesota Statutes 2006, section
116O.05, subdivision 2, is amended to read:
Subd.
2. Duties. (a) The primary duties of the corporation
shall include:
(1) applied
research development of new products and processes for operational
efficiency and excellence, enabling company growth; and
(2) technology
transfer and early stage funding to small manufacturers business
development services with technology utilization and application, primarily for
small and medium-sized manufacturers.
(b)
The corporation shall also:
(1) establish
programs, activities, and policies that provide technology transfer and applied
research and development assistance to individuals, sole proprietorships,
partnerships, corporations, other business entities, and nonprofit
organizations in the state that are primarily new and existing small and
medium-sized businesses in greater Minnesota;
(2) provide or provide for
technology-related assistance to individuals, sole proprietorships,
partnerships, corporations, other business entities, and nonprofit
organizations; and
(3)
provide financial assistance under section 116O.06 to assist the development of
new products, services, or production processes, to assist in energy
conservation, or to assist in bringing new products or services to the marketplace;
(4)
provide or provide for research services including on-site research and testing
of production techniques and product quality;
(5)
establish and operate regional research institutes as provided for in section
116O.08;
(6)
make matching research grants for applied research and development to public
and private postsecondary education institutes as provided for in section
116O.11;
(7)
enter into contracts for establishing formal relationships with public or
private research institutes or facilities;
(8)
establish the Agricultural Utilization Research Institute under section
116O.09; and
(9) (2) not duplicate
existing services or activities provided by other public and private
organizations but shall build on the existing educational, business, and
economic development infrastructure.
Sec.
10. Minnesota Statutes 2006, section
116O.05, subdivision 4, is amended to read:
Subd.
4. Supporting
organizations. On making a
determination that the public policies and purposes of this chapter will be
carried out to a greater extent than what might otherwise occur, the board may
cause to be created and may delegate, assign, or transfer to one or more
entities, including without limitation a corporation, nonprofit corporation,
limited liability company, partnership, or limited partnership, any or all
rights and duties, assets and liabilities, powers or authority created,
authorized, or allowed under this chapter, including without limitation
those pertaining to the seed capital fund under section 116O.122, except to
the extent specifically limited by the Constitution or by law.
Sec.
11. [116O.061] FINANCIAL ASSISTANCE.
(a)
Financial assistance may be provided to sole proprietorships, corporations,
other entities, or nonprofit organizations.
Financial assistance includes, but is not limited to, assisting a
qualified company or organization with business services and products that will
enhance the operations of the entity.
(b)
Preference and priority will be given to business entities that are expanding
their operations in Minnesota. Priority
will be assigned to:
(1)
projects whose return, in economic benefits, are most substantial and clear;
(2)
projects whose outcomes are best accelerated through internal resources of the
corporation; and
(3)
companies and organizations not typically able to leverage external assistance.
(c)
The corporation may enter into agreements with, or solicit grants from, other
organizations to jointly promote:
(1)
business improvements;
(2)
the application of technology, energy conservation, new product development,
and other initiatives leading to economic development; and
(3)
job creation.
Sec.
12. [116V.01] DEFINITIONS.
For
purposes of this chapter:
(1)
"board" means the board of directors of the Agricultural Utilization
Research Institute; and
(2)
"institute" means the Agricultural Utilization Research Institute
established in section 116V.02.
Sec.
13. [116V.02] AGRICULTURAL UTILIZATION RESEARCH INSTITUTE.
Subdivision
1. Establishment. The Agricultural Utilization Research
Institute is established as a nonprofit corporation under section 501(c)(3) of
the Internal Revenue Code of 1986, as amended.
The institute shall conduct onsite and applied research and promote the
establishment of new products and product uses and the expansion of
existing
markets for the state's agricultural commodities and products, including direct
financial and technical assistance for Minnesota entrepreneurs. The institute must establish or maintain
facilities and work with private and public entities to leverage the resources
available to achieve maximum results for Minnesota agriculture.
Subd.
2. Board
of directors. The board of
directors of the institute is comprised of:
(1)
the chairs of the senate and the house of representatives standing committees
with jurisdiction over agriculture finance or the chair's designee;
(2)
two representatives of statewide farm organizations;
(3)
two representatives of agribusiness; and
(4)
three representatives of the commodity promotion councils.
Subd.
3. Duties. (a) The institute shall:
(1)
identify development opportunities for agricultural products;
(2)
implement a program that identifies techniques to meet those opportunities;
(3)
monitor and coordinate research among the public and private organizations and
individuals specifically addressing procedures to transfer new technology to
businesses, farmers, and individuals;
(4)
provide research grants to public and private educational institutions and
other organizations that are undertaking basic and applied research to promote
the development of emerging agricultural industries;
(5)
assist organizations and individuals with market analysis and product marketing
implementations;
(6)
to the extent possible, earn and receive revenue from contracts, patents,
licenses, royalties, grants, fees-for-service, and memberships;
(7)
work with the Department of Agriculture, the United States Department of
Agriculture, the Department of Employment and Economic Development, and other
agencies to maximize marketing opportunities locally, nationally, and
internationally; and
(8)
leverage available funds from federal, state, and private sources to develop
new markets and value-added opportunities for Minnesota agricultural products.
(b)
The board shall have the sole approval authority for establishing agricultural
utilization research priorities and requests for proposals to meet those
priorities, awarding of grants, hiring and direction of personnel, and other
expenditures of funds consistent with the adopted and approved mission and
goals of the institute. The actions and
expenditures of the institute are subject to audit. By February 1, the institute shall annually report to the senate
and house of representatives standing committees with jurisdiction over
agricultural policy and funding. The
report must list: projects initiated;
progress on projects; and financial information relating to expenditures, income
from other sources, and other information to allow the committees to evaluate the
effectiveness of the institute's activities.
(c)
The institute shall convene a renewable energy roundtable, the purpose of which
shall be to further the state's leadership on bioenergy issues.
(i)
The renewable energy roundtable shall consist of one representative appointed
by the commissioner of the Minnesota Department of Agriculture, one appointed
by the commissioner of the Minnesota Department of Commerce, one appointed by
the chancellor of the Minnesota State Colleges and Universities, and one appointed
by the president of the University of Minnesota. The appointees must have expertise relevant to bioenergy.
(ii)
The board shall oversee the activities and shall provide staff to assist the
renewable energy roundtable.
(iii)
The renewable energy roundtable shall engage professionals and experts from
private, government, academic, and nonprofit entities across the state to
identify bioenergy opportunities and collaborate with a broad group of
interested parties to identify future alternative courses of action the state
can take to sustain a long-term competitive position in renewable energy
through the year 2025. The renewable
energy roundtable shall consult, advise, and review projects and initiatives
funded by the state as directed by the governor and the legislature.
Subd.
4. Staff. The board shall hire staff for the
institute. Persons employed by the
institute are not state employees and may participate in state retirement,
deferred compensation, insurance, or other plans that apply to state employees
generally and are subject to regulation by the state Campaign Finance and
Public Disclosure Board.
Subd.
5. Agricultural
research grants. The
institute may make matching grants for agricultural product utilization
research to the University of Minnesota, the Minnesota State Colleges and
Universities, a Minnesota private college or university, a private corporation,
or a person. Grants may be matched from
private sources, including farm commodity groups and farm organizations.
Subd.
6. Research
contracts. The institute may
enter into contracts with individuals, businesses, or organizations to provide
research and development assistance at institute facilities or at other sites
the board of directors determines appropriate.
Subd.
7. Advisory
board. A 26-member advisory
board may be established to identify priorities for the institute. Members of the advisory board are appointed
by the board. The advisory board
consists of: the chair of the house of
representatives agricultural committee; the chair of the senate agricultural
committee; a representative from each of the ten largest agricultural-related
businesses in the state as determined by the board; a member from each of the
appropriate trade organizations representing producers of beef cattle, dairy,
corn, soybeans, pork, wheat, turkey, barley, wild rice, edible beans, eggs, and
potatoes; a member of the Farmers Union; and a member of the Farm Bureau. Terms and removal of members must be set by
the board and members of the advisory board serve without compensation but
shall receive their necessary and actual expenses.
The
advisory board shall annually provide a list of priorities and suggested
research and marketing studies that should be performed by the institute.
Subd.
8. Bylaws. The board shall adopt bylaws necessary
for the conduct of the business of the institute consistent with this
section. The board must publish bylaws
and amendments to the bylaws in the State Register.
Subd.
9. Place
of business. The board shall
locate and maintain the institute's place of business within the state.
Subd.
10. Chair. The board shall annually elect from among
its members a chair and other officers necessary for the performance of its
duties.
Subd.
11. Meetings. The board shall meet at least twice each
year and may hold additional meetings upon giving notice in accordance with the
bylaws of the institute. Board meetings
are subject to chapter 13D, except as it pertains to financial information, business
plans, income and expense projections, customer lists, market and feasibility
studies, and trade secret information as defined by section 13.37, subdivision
1, paragraph (b).
Subd.
12. Conflict
of interest. A director,
employee, or officer of the institute may not participate in or vote on a
decision of the board relating to an organization in which the director has
either a direct or indirect financial interest.
Subd.
13. No
benefit to private individuals or corporations. The institute shall not afford pecuniary
gain, incidental or otherwise, to any private individual, firm, or corporation,
except the payment of reasonable fees for goods and services provided and
approved in accordance with the bylaws of the corporation. No part of the net income or net earnings of
the institute shall, directly or indirectly, be distributable to or otherwise
inure to the benefit of any individual.
Subd.
14. Funds. The institute may accept and use gifts,
grants, or contributions from any source.
Unless otherwise restricted by the terms of a gift or bequest, the board
may sell, exchange, or otherwise dispose of and invest or reinvest the money,
securities, or other property given or bequested to it. The principal of these funds, the income
from them, and all other revenues received by it from any nonstate source must
be placed in the depositories the board determines and is subject to
expenditure for the board's purposes.
Expenditures of more than $25,000 must be approved by the full board.
Subd.
15. Accounts;
audits. The institute may
establish funds and accounts that it finds convenient. The board shall provide for and pay the cost
of an independent annual audit of its official books and records by the
legislative auditor subject to sections 3.971 and 3.972. A copy of the audit shall be filed with the
secretary of state.
Sec.
14. [116V.03] AGRICULTURAL PROJECT UTILIZATION ACCOUNT.
The
agricultural project utilization account is an account in the special revenue
fund. Money in the account is
appropriated to the institute to be used for agricultural research grants as
provided in section 116V.02, and for the institute.
Sec.
15. REPEALER.
Minnesota
Statutes 2006, sections 116O.06; 116O.07; 116O.071; 116O.072; 116O.08; 116O.09,
subdivisions 1, 1a, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 116O.091,
subdivisions 1, 4, 5, and 6; 116O.10; 116O.11; 116O.12; 116O.122; and 116O.13,
and Minnesota Statutes 2007 Supplement, section 116O.09, subdivision 2, are
repealed.
Sec.
16. EFFECTIVE DATE.
Sections
1 to 15 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to economic development; renaming Minnesota
Technology, Inc. to Enterprise Minnesota, Inc.; updating provisions; making
technical changes; recodifying the Agricultural Utilization Research Institute
provisions in a new chapter; amending Minnesota Statutes 2006, sections
116O.01; 116O.011; 116O.02, subdivision 6; 116O.03, subdivisions 1a, 7;
116O.04, subdivisions 1, 2; 116O.05, subdivisions 1, 2, 4; proposing coding for
new law in Minnesota Statutes, chapter 116O; proposing coding for new law as
Minnesota Statutes, chapter 116V; repealing Minnesota Statutes 2006, sections
116O.06; 116O.07; 116O.071; 116O.072; 116O.08; 116O.09, subdivisions 1, 1a, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 116O.091, subdivisions 1, 4, 5, 6; 116O.10;
116O.11; 116O.12; 116O.122; 116O.13; Minnesota Statutes 2007 Supplement,
section 116O.09, subdivision 2."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 2996, A bill for an act relating to corrections; authorizing deferral of
judgment for certain drug offenses; repealing the sunset on early release of
nonviolent controlled substance offenders; requiring the commissioner of
corrections to develop a marketing plan for MINNCOR industries; defining
long-term homelessness to include persons released from incarceration for
purposes of receiving supportive services; granting the Department of
Corrections access to DEED preconfinement data on inmates; providing a tax
credit to employers that employ persons with criminal records; requiring the
commissioner of corrections to study re-entry facilities and programming;
increasing funding for chemical and mental health treatment for inmates and
probationers; creating a certificate of rehabilitation; establishing a task
force to study and recommend approaches for developing a re-entry court pilot
program; establishing a controlled substance law working group; requiring the
commissioner of corrections to conduct an internal review of parole and
supervised release procedures and sanctions; appropriating money; amending
Minnesota Statutes 2006, sections 152.18, subdivision 1; 241.27, by adding a
subdivision; 256K.26, subdivision 3; 290.06, by adding a subdivision; 611A.06,
subdivision 1a; Minnesota Statutes 2007 Supplement, section 268.19, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 364; repealing
Minnesota Statutes 2006, section 244.055, subdivision 11.
Reported
the same back with the following amendments:
Page
3, line 3, delete "commissioner of corrections, in conjunction with"
and insert "chief executive officer of MINNCOR, with assistance from"
Page
3, line 5, delete "inmate" and insert "released
offenders"
Page
3, line 6, delete everything before the first period
Page
3, line 7, delete "July 1, 2008" and insert "December
1, 2008"
Page
3, delete sections 3 and 4
Page
10, line 5, delete "July 1, 2008" and insert "March 1,
2009"
Page
10, line 14, delete "two" and insert "three"
and after "associations" insert ", including one
sheriff, one chief of police, and one member of the Minnesota Police and Peace
Officers Association"
Page
10, line 16, delete "two representatives" and insert "one
representative" and delete "and" and insert "or"
Page
10, line 17, delete "two experts" and insert "one
expert"
Page
10, line 18, delete "three individuals who are" and insert
"one individual who is"
Page
10, line 19, delete "have" and insert "has"
Page
10, line 21, delete "two" and insert "four"
and delete "that" and insert "who"
Page
10, line 25, delete "and" and insert a comma and before the
period, insert ", and house and senate fiscal staff"
Page
11, line 8, delete "reducing" and insert "imposing"
Page
11, line 30, delete "2008" and insert "2009"
Page
12, line 1, delete "TASK FORCE" and insert "WORKING
GROUP"
Page
12, line 2, delete "task force" and insert "working
group"
Page
12, line 10, delete "task force" and insert "working
group"
Page
12, line 24, delete "December 1, 2008, the task force" and
insert "February 1, 2009, the working group"
Page
12, line 28, delete "task force" and insert "working
group"
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 11, delete "rehabilitation" and insert "good
conduct"
Page
1, line 12, delete "task force" and insert "working group"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill be re-referred to the Committee
on Finance without further recommendation.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3032, A bill for an act relating to state lands; modifying Minnesota
critical habitat private sector matching account; modifying outdoor recreation
system; adding to and deleting from state parks, recreation areas, and forests;
providing for public and private sales, conveyances, and exchanges of certain
state land; amending Minnesota Statutes 2006, sections 84.943, subdivision 5;
86A.04; 86A.08, subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
84.943, subdivision 5, is amended to read:
Subd.
5. Pledges
and contributions. The commissioner
of natural resources may accept contributions and pledges to the critical
habitat private sector matching account.
A pledge that is made contingent on an appropriation is acceptable and
shall be reported with other pledges as required in this section. The commissioner may agree to match a
contribution contingent on a future appropriation. In the budget request for each biennium, the
commissioner shall report the balance of contributions in the account and the
amount that has been pledged for payment in the succeeding two calendar years.
Money
in the account is appropriated to the commissioner of natural resources only
for the direct acquisition or improvement of land or interests in land as
provided in section 84.944. To the
extent of available appropriations other than bond proceeds, the money matched
to the nongame wildlife management account may be used for the management of
nongame wildlife projects as specified in section 290.431. Acquisition includes: (1) purchase of land or an interest in land
by the commissioner; or (2) acceptance by the commissioner of gifts of land or
interests in land as program projects.
Sec.
2. Minnesota Statutes 2006, section
86A.04, is amended to read:
86A.04 COMPOSITION OF SYSTEM.
The
outdoor recreation system shall consist of all state parks; state recreation
areas; state trails established pursuant to sections 84.029, subdivision 2,
85.015, 85.0155, and 85.0156; state scientific and natural areas; state
wilderness areas; state forests; state wildlife management areas; state
aquatic management areas; state water access sites, which include all lands
and facilities established by the commissioner of natural resources or the
commissioner of transportation to provide public access to water; state wild,
scenic, and recreational rivers; state historic sites; state rest areas, which
include all facilities established by the commissioner of transportation for
the safety, rest, comfort and use of the highway traveler, and shall include
all existing facilities designated as rest areas and waysides by the
commissioner of transportation; and any other units not listed in this section
that are classified under section 86A.05.
Each individual state park, state recreation area, and so forth is
called a "unit."
Sec.
3. Minnesota Statutes 2006, section
86A.08, subdivision 1, is amended to read:
Subdivision
1. Secondary
authorization; when permitted. A
unit of the outdoor recreation system may be authorized wholly or partially
within the boundaries of another unit only when the authorization is consistent
with the purposes and objectives of the respective units and only in the
instances permitted below:
(a)
The following units may be authorized wholly or partially within a state
park: historic site, scientific and
natural area, wilderness area, wild, scenic, and recreational river, trail,
rest area, aquatic management area, and water access site.
(b)
The following units may be authorized wholly or partially within a state
recreation area: historic site,
scientific and natural area, wild, scenic, and recreational river, trail, rest
area, aquatic management area, wildlife management area, and water
access site.
(c)
The following units may be authorized wholly or partially within a state
forest: state park, state recreation
area, historic site, wildlife management area, scientific and natural area,
wilderness area, wild, scenic, and recreational river, trail, rest area,
aquatic management area, and water access site.
(d)
The following units may be authorized wholly or partially within a state
historic site: wild, scenic, and
recreational river, trail, rest area, aquatic management area, and water
access site.
(e)
The following units may be authorized wholly or partially within a state
wildlife management area: state water
access site and aquatic management area.
(f)
The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state
park, historic site, scientific and natural area, wilderness area, trail, rest
area, aquatic management area, and water access site.
(g)
The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild,
scenic, and recreational river, aquatic management area, and water
access site.
(h)
The following units may be authorized wholly or partially within an aquatic
management area: historic site,
scientific and natural area, wild, scenic, and recreational river, trail, rest
area, and water access site.
Sec.
4. Laws 2006, chapter 236, article 1,
section 43, is amended to read:
Sec.
43. LAND REPLACEMENT TRUST FUND; ITASCA COUNTY.
Notwithstanding
the provisions of Minnesota Statutes, chapter 282, and any other law relating
to the apportionment of proceeds from the sale or lease of tax-forfeited
land, Itasca County must apportion the first $1,000,000 received from the sale or
lease of tax-forfeited lands within Minnesota Steel Industries permit to
mine area near Nashwauk, Minnesota, as provided in Laws 1965, chapter 326,
section 1, as amended. Any remaining
proceeds received from the sale or lease must be deposited into a
tax-forfeited land replacement trust fund established by Itasca County under
this section. The principal and interest
from this fund may be spent only on the purchase of lands to replace the
tax-forfeited lands sold to Minnesota Steel Industries. Lands purchased with the land replacement
fund must:
(1)
become subject to trust in favor of the governmental subdivision wherein they
lie and all laws related to tax-forfeited lands; and
(2) be
for forest management purposes and dedicated as memorial forest under Minnesota
Statutes, section 459.06, subdivision 2.
EFFECTIVE DATE. This section is effective the day after compliance with
Minnesota Statutes, section 645.021, subdivision 3, by the governing body of
Itasca County.
Sec.
5. ADDITIONS
TO STATE PARKS.
Subdivision
1. [85.012]
[Subd. 9.] Buffalo River State Park, Clay County. The following area is added to Buffalo
River State Park, all in Section 11, Township 139 North, Range 46, Clay
County: That part of the Southeast
Quarter of Section 11, described as follows:
Beginning at the southwest corner of the Southeast Quarter of said
Section 11; thence North 00 degrees 13 minutes 06 seconds East (assumed
bearing), along the westerly line of the Southeast Quarter of said Section 11,
for a distance of 503.33 feet; thence South 89 degrees 25 minutes 32 seconds
East for a distance of 200.00 feet; thence North 00 degrees 13 minutes 06
seconds East, parallel to the westerly line of the Southeast Quarter of said
Section 11, for a distance of 457.87 feet; thence South 89 degrees 44 minutes
18 seconds East for a distance of 323.00 feet; thence South 48 degrees 16 minutes
47 seconds East for a distance of 89.46 feet; thence South 29 degrees 17
minutes 10 seconds East for a distance of 1,035.56 feet to a point of
intersection with the southerly line of the Southeast Quarter of said Section
11; thence North 89 degrees 44 minutes 18 seconds West, along the southerly
line of the Southeast Quarter of said Section 11, for a distance of 1,100.00
feet to the point of beginning. Said
tract of land contains 16.133 acres, more or less, and is subject to the
following described ingress-egress easement:
A 30.00-foot strip of land for purposes of ingress and egress centered
along the following described line:
Commencing at the southwest corner of the Southeast Quarter of Section
11, Township 139 North, Range 46 West, Fifth Principal Meridian, Clay County,
Minnesota; thence North 00 degrees 13 minutes 06 seconds East (assumed
bearing), along the westerly line of the Southeast Quarter of said Section 11,
for a distance of 15.00 feet to the true point of beginning; thence South 89
degrees 44 minutes 18 seconds East, parallel to and 15.00 feet northerly of the
southerly line of the Southeast Quarter of said Section 11, for a distance of
797.03 feet; thence North 22 degrees 07 minutes 20 seconds East for a distance
of 327.76 feet and there terminating.
Subd.
2. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following areas are added to
Frontenac State Park, Goodhue County:
(1)
all that part of Government Lot 4, and all that part of the Southwest Quarter
of the Southeast Quarter and of the Southeast Quarter of the Southwest Quarter,
all in Section 2, Township 112 North, Range 13 West, described as follows,
to-wit: Beginning at the point of
intersection of the east and west center line of said Section 2 with the line
of the west shore of Lake Pepin, running thence West 6 chains; thence South 33
degrees 15 minutes West 9.60
chains;
thence South 41 degrees West 5.54 chains; thence South 51 degrees 15 minutes
West 4.32 chains; thence South 65 degrees 15 minutes West 4 chains; thence
South 70 degrees 45 minutes West 11.27 chains to a rock in Glenway Street in
the village of Frontenac; thence South 48 degrees 30 minutes East 4.72 chains
to the north and south center line of said section; thence South 39 degrees 10
minutes East 11.14 chains; thence South 32 degrees 30 minutes East 8.15 chains
to the north line of Waconia Avenue in said Frontenac; thence North 42 degrees
50 minutes East 5.15 chains; thence North 23 degrees 50 minutes East 2.75
chains; thence North 9 degrees 20 minutes East 7.90 chains; thence North 20
degrees 20 minutes East 4.64 chains; thence North 52 degrees West 3.80 chains;
thence North 20 degrees 20 minutes East 18.40 chains to the east line of said
Mill Street in said Frontenac; thence South along the east line of said Mill
Street 3.76 chains to the north line of Lot 8 in Block 13 in said Frontenac;
thence along said north line to the shore of Lake Pepin; thence along the shore
of said lake 1.50 chains to the point of beginning, containing in all 35.67
acres of land, more or less. Excepting
therefrom all that part of Government Lot 4, Section 2, Township 112 North,
Range 13 West, described, as follows:
Beginning on the shore of Lake Pepin at the northeast corner of Lot 8 in
Block 13 of the town of Frontenac, running thence westerly along the north line
of said lot to the northwest corner thereof; thence northerly along the
easterly line of Mill Street in said town of Frontenac 215 feet, more or less,
to its intersection with the north line of said Government Lot 4; thence East
along the north line of said Government Lot 4 to low water mark on shore of
Lake Pepin; thence southerly along the low water mark of Lake Pepin to the
place of beginning. Also excepting that
part of Government Lot 4, Section 2, Township 112 North, Range 12 West, which
lies West of Undercliff Street in said village, North of the southerly line of
said Lot 1, Block 14, prolonged westerly, and East of a line beginning 6 chains
West of the intersection of the east and west center line of said Section 2
with the west shore of Lake Pepin, being the point of intersection of the west
line of said Undercliff Street and said east and west center line; thence South
33 degrees 15 minutes West 9.60 chains, being a triangular piece of land; all
of Block 14, except Lot 1 of said Block 14; Lots 11, 12, 13, 14, 15, 16, 17,
18, and 19 of Block 15, except so much of Lot 11 in said Block 15 (in a
triangular form) as lies between the west end of Lots 2 and 3 of said Block 15
and the east line of Bluff Street, all in the town of Frontenac according to
the accepted and recorded map of said town of Frontenac now on file and of
record in the Office of the Register of Deeds in and for said County of
Goodhue;
(2)
that part of the West Half of the Northeast Quarter of Section 6, Township 112
North, Range 13 West, Goodhue County, Minnesota, described as follows: Commencing at the northeast corner of the
West Half of the Northeast Quarter of said Section 6; thence South 01 degree 11
minutes 39 seconds East, assumed bearing, along the east line of said West Half
of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the point
of beginning of the land to be described; thence North 01 degree 11 minutes 39
seconds West, along said east line, a distance of 400.00 feet; thence South 89
degrees 01 minute 10 seconds West, a distance of 442.03 feet; thence
southwesterly, a distance of 534.99 feet along a nontangential curve concave to
the northwest having a radius of 954.93 feet, a central angle of 33 degrees 53
minutes 57 seconds, and a chord that bears South 42 degrees 45 minutes 42
seconds West; thence South 59 degrees 42 minutes 41 seconds West, tangent to
said curve, a distance of 380.00 feet to the centerline of State Highway 61, as
now located and established; thence southeasterly, along said centerline of
State Highway 61, a distance of 160 feet, more or less, to the intersection
with a line bearing South 73 degrees 00 minutes 00 seconds West from the point
of beginning; thence North 73 degrees 00 minutes 00 seconds East, to the point
of beginning. Together with a
50.00-foot wide driveway and utility easement, which lies northwesterly and
adjoins the northwesterly line of the above described property; and
(3)
that part of the West Half of the Northeast Quarter of Section 6, Township 112
North, Range 13 West, Goodhue County, described as follows: Commencing at the northeast corner of the
West Half of the Northeast Quarter of said Section 6; thence South 01 degree 11
minutes 39 seconds East, assumed bearing, along the east line of said West Half
of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the point
of beginning of the land to be described; thence South 73 degrees 00 minutes 00
seconds West, to the centerline of State Highway 61, as now located and
established; thence southeasterly, along said centerline of State Highway 61,
to the south line of said West Half of the Northeast Quarter of Section 6;
thence North 88 degrees 34 minutes 56 seconds East, along said south line, to
the southeast corner of said West Half of the Northeast Quarter of Section 6;
thence North 01 degree 11 minutes 39 seconds West, a distance of 1,902.46 feet
to the point of beginning.
Subd.
3. [85.012]
[Subd. 44.] Monson Lake State Park, Swift County. The following area is added to Monson
Lake State Park, Swift County: the
Northeast Quarter of Section 1, Township 121 North, Range 37 West.
Subd.
4. [85.012]
[Subd. 51.] Savanna Portage State Park,
Aitkin and St. Louis Counties. The
following areas are added to Savanna Portage State Park: the Southwest Quarter of the Northeast
Quarter, the Southeast Quarter of the Northwest Quarter, Government Lot 2, and
Government Lot 3, all in Section 13, Township 50 North, Range 23 West, Aitkin
County.
Subd.
5. [85.012]
[Subd. 52.] Scenic State Park, Itasca County. The following areas are added to Scenic State Park: Government Lot 3, Government Lot 4, the
Northeast Quarter of the Northwest Quarter, and the Southeast Quarter of the
Northwest Quarter, all in Section 7, Township 60 North, Range 25 West, Itasca
County.
Subd.
6. [85.012]
[Subd. 53a.] Soudan Underground Mine
State Park, St. Louis County. The
following area is added to Soudan Underground Mine State Park: the Northeast Quarter of the Northeast
Quarter, Section 29, Township 62 North, Range 15 West, St. Louis County.
Subd.
7. [85.012]
[Subd. 60.] William O'Brien State Park, Washington County. The following areas are added to William
O'Brien State Park, Washington County:
(1)
Lot 1, Block 1, and Outlots A and B, Spring View Acres according to the plat on
file and of record in the Office of the Recorder for Washington County;
(2)
the South 200.00 feet of the North 1,326.20 feet of the West One-Half of the
Southeast Quarter, Section 36, Township 32 North, Range 20 West; and
(3)
that part of the Northeast Quarter of the Southwest Quarter lying west of
Highway 95 (St. Croix Trail North) in Section 31, Township 32 North, Range 19
West.
Sec.
6. DELETIONS
FROM STATE PARKS.
Subdivision
1. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following areas are deleted from
Frontenac State Park, all in Township 112 North, Range 13 West, Goodhue County:
(1)
that part of the East Half, Section 11, and that part of the Southwest Quarter,
Section 12, being described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH
EXTENSION TO FRONTENAC according to the plat on file and of record in the
Office of the Recorder for Goodhue County, Minnesota. Including all of those parts of vacated Birch Way and Birch Way
South situated in GARRARD'S SOUTH EXTENSION TO FRONTENAC lying southerly of
vacated Ludlow Avenue and northerly of Winona Avenue;
(2)
that part of the Northeast Quarter, Section 11, being described as BLOCK 70,
WESTERVELT (also known as the town of Frontenac) according to the plat on file
and of record in the Office of the Recorder for Goodhue County, Minnesota;
(3)
that part of the Northeast Quarter, Section 11, being described as Lots 1, 2,
3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16, BLOCK 69, WESTERVELT (aka
town of Frontenac) according to the plat on file and of record in the Office of
the Recorder for Goodhue County, Minnesota;
(4)
that part of the Northeast Quarter, Section 11, being described as BLOCK 67,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record
in the Office of the Recorder for Goodhue County, Minnesota. Including the South 30 feet of Graham Street
lying adjacent to and northerly of Lots 1 and 16, BLOCK 67 of said plat of WESTERVELT;
(5)
that part of the Northeast Quarter, Section 11, being described as BLOCK 66,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record
in the Office of the Recorder for Goodhue County, Minnesota; and
(6)
that part of the Northeast Quarter, Section 11, being described as those parts
of Lots 1 and 9 in BLOCK 65 of the town of Frontenac lying adjacent to and
northerly of the southerly 50 feet of said Lots 1 and 9 according to the plat
on file and of record in the Office of the Recorder for Goodhue County,
Minnesota.
Subd.
2. [85.012][Subd.
30.] Jay Cooke State Park, Carlton County. Effective upon the commissioner of natural resources entering
into an agreement with the commissioner of military affairs to transfer the
property for use as a veterans cemetery, the following areas are deleted from
Jay Cooke State Park:
(a)
the Northeast Quarter of the Southeast Quarter lying southerly of the railroad
right-of-way, Section 21, Township 48 North, Range 16 West;
(b)
the Northwest Quarter of the Southwest Quarter lying southerly of the railroad
right-of-way, Section 22, Township 48 North, Range 16 West; and
(c)
the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section 22,
Township 48 North, Range 16 West.
Subd.
3. [85.012]
[Subd. 35.] Lake Carlos State Park, Douglas County. The following area is deleted from Lake
Carlos State Park: that part of
Government Lot 2, being described as EHLERT'S ADDITION according to the plat on
file and of record in the Office of the Recorder for Douglas County, Minnesota,
Section 10, Township 129 North, Range 37 West, Douglas County.
Subd.
4. [85.012]
[Subd. 38.] Lake Shetek State Park, Murray County. The following areas are deleted from Lake
Shetek State Park:
(1)
Blocks 3 and 4 of Forman Acres according to the plat on file and of record in
the Office of the Recorder for Murray County;
(2)
the Hudson Acres subdivision according to the plat on file and of record in the
Office of the Recorder for Murray County; and
(3)
that part of Government Lot 6 and that part of Government Lot 7 of Section 6,
Township 107 North, Range 40 West, and that part of Government Lot 1 and that
part of Government Lot 2 of Section 7, Township 107 North, Range 40 West,
Murray County, Minnesota, described as follows: Commencing at the East Quarter Corner of said Section 6; thence
on a bearing based on the 1983 Murray County Coordinate System (1996
Adjustment), of South 00 degrees 22 minutes 05 seconds East 1405.16 feet along
the east line of said Section 6; thence North 89 degrees 07 minutes 01 second
West 1942.39 feet; thence South 03 degrees 33 minutes 00 seconds West 94.92
feet to the northeast corner of Block 5 of FORMAN ACRES, according to the
recorded plat thereof on file and of record in the Murray County Recorder's
Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along
the easterly line of said Block 5 and along the easterly line of the Private
Roadway of FORMAN ACRES to the southeasterly corner of said Private Roadway and
the POINT OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West
796.30 feet along the southerly line of said Private Roadway to an angle point
on said line and an existing 1/2 inch diameter rebar; thence South 64 degrees 28
minutes 26 seconds West 100.06 feet along the southerly line of said Private
Roadway to an angle point on said line and an existing 1/2 inch diameter rebar;
thence South 33 degrees 01 minute 32 seconds West 279.60 feet along the
southerly line of said Private Roadway to an angle point on said line; thence
South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly
line of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap
stamped "MN DNR LS 17003" (DNR MON);
thence
South 16 degrees 24 minutes 50 seconds West 470.40 feet to a DNR MON; thence South
24 degrees 09 minutes 57 seconds West 262.69 feet to a DNR MON; thence South 08
degrees 07 minutes 09 seconds West 332.26 feet to a DNR MON; thence North 51
degrees 40 minutes 02 seconds West 341.79 feet to the east line of Lot A of Lot
1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND
LOT A OF GOV. LOT 1, OF SEC 7 TP. 107
RANGE 40, according to the recorded plat thereof on file and of record in the
Murray County Recorder's Office and a DNR MON; thence South 14 degrees 28
minutes 55 seconds West 71.98 feet along the east line of said Lot A to the
northerly most corner of Lot 36 of HUDSON ACRES, according to the recorded plat
thereof on file and of record in the Murray County Recorder's Office and an
existing steel fence post; thence South 51 degrees 37 minutes 05 seconds East
418.97 feet along the northeasterly line of said Lot 36 and along the
northeasterly line of Lots 35,34,33,32 of HUDSON ACRES to an existing 1 inch
inside diameter iron pipe marking the easterly most corner of Lot 32 and the
most northerly corner of Lot 31A of HUDSONS ACRES; thence South 48 degrees 33
minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot
31A to an existing 11/2 inch inside diameter iron pipe marking the easterly most
corner thereof and the most northerly corner of Lot 31 of HUDSONS ACRES; thence
South 33 degrees 53 minutes 30 seconds East 224.96 feet along the northeasterly
line of said Lot 31 and along the northeasterly line of Lots 30 and 29 of
HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the
easterly most corner of said Lot 29 and the most northerly corner of Lot 28 of
HUDSONS ACRES; thence South 45 degrees 23 minutes 54 seconds East 375.07 feet
along the northeasterly line of said Lot 28 and along the northeasterly line of
Lots 27,26,25,24 of HUDSON ACRES to an existing 11/2 inch inside diameter iron
pipe marking the easterly most corner of said Lot 24 and the most northerly
corner of Lot 23 of HUDSON ACRES; thence South 64 degrees 39 minutes 53 seconds
East 226.80 feet along the northeasterly line of said Lot 23 and along the
northeasterly line of Lots 22 and 21 of HUDSON ACRES to an existing 11/2 inch
inside diameter iron pipe marking the easterly most corner of said Lot 21 and
the most northerly corner of Lot 20 of HUDSON ACRES; thence South 39 degrees 49
minutes 49 seconds East 524.75 feet along the northeasterly line of said Lot 20
and along the northeasterly line of Lots 19,18,17,16,15,14 of HUDSON ACRES to
an existing 11/2 inch inside diameter iron pipe marking the easterly most corner
of said Lot 14 and the most northerly corner of Lot 13 of HUDSON ACRES; thence
South 55 degrees 31 minutes 43 seconds East 225.11 feet along the northeasterly
line of said Lot 13 and along the northeasterly line of Lots 12 and 11 of
HUDSON ACRES to an existing 11/2 inch inside diameter iron pipe marking the
easterly most corner of said Lot 11 and the northwest corner of Lot 10 of
HUDSON ACRES; thence South 88 degrees 03 minutes 49 seconds East 224.90 feet
along the north line of said Lot 10 and along the north line of Lots 9 and 8 of
HUDSON ACRES to an existing 11/2; inch inside diameter iron pipe marking the
northeast corner of said Lot 8 and the northwest corner of Lot 7 of HUDSON
ACRES; thence North 84 degree 07 minutes 37 seconds East 525.01 feet along the
north line of said Lot 7 and along the north line of Lots 6,5,4,3,2,1 of HUDSON
ACRES to an existing 11/2; inch inside diameter iron pipe marking the northeast
corner of said Lot 1 of HUDSON ACRES; thence southeasterly, easterly and
northerly along a non-tangential curve concave to the north having a radius of
50.00 feet, central angle 138 degrees 41 minutes 58 seconds, a distance of
121.04 feet, chord bears North 63 degrees 30 minutes 12 seconds East; thence
continuing northwesterly and westerly along the previously described curve
concave to the south having a radius of 50.00 feet, central angle 138 degrees
42 minutes 00 seconds, a distance of 121.04 feet, chord bears North 75 degrees
11 minutes 47 seconds West and a DNR MON; thence South 84 degrees 09 minutes 13
seconds West not tangent to said curve 520.52 feet to a DNR MON; thence North
88 degrees 07 minutes 40 seconds West 201.13 feet to a DNR MON; thence North 55
degrees 32 minutes 12 seconds West 196.66 feet to a DNR MON; thence North 39
degrees 49 minutes 59 seconds West 530.34 feet to a DNR MON; thence North 64
degrees 41 minutes 41 seconds West 230.01 feet to a DNR MON; thence North 45
degrees 23 minutes 00 seconds West 357.33 feet to a DNR MON; thence North 33
degrees 53 minutes 32 seconds West 226.66 feet to a DNR MON; thence North 48
degrees 30 minutes 31 seconds West 341.45 feet to a DNR MON; thence North 08
degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; thence North 24
degrees 09 minutes 58 seconds East 257.86 feet to a DNR MON; thence North 16
degrees 24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North 76
degrees 04 minutes 53 seconds East 715.53 feet to a DNR MON; thence North 33
degrees 01 minute 32 seconds East 282.54 feet to a DNR MON; thence North 64
degrees 28 minutes 25 seconds East 84.97 feet to a DNR MON; thence South 82
degrees 15 minutes 00 seconds East 788.53 feet to a DNR MON; thence North 07
degrees 45 minutes 07 seconds East 26.00 feet to the point of beginning;
containing 7.55 acres.
Subd.
5. [85.012]
[Subd. 44a.] Moose Lake State Park, Carlton County. The following areas are deleted from
Moose Lake State Park, all in Township 46 North, Range 19 West, Carlton County:
(1)
Parcel A: the West 660.00 feet of the
Southwest Quarter of the Northeast Quarter of Section 28;
(2)
Parcel B: the West 660.00 feet of the
Northwest Quarter of the Southeast Quarter of Section 28 lying northerly of a
line 75.00 feet northerly of and parallel with the centerline of State Trunk
Highway 73, and subject to a taking for highway purposes of a 100.00-foot wide
strip for access and also subject to highway and road easements;
(3)
Parcel C: the West 660.00 feet of the
Southwest Quarter of the Southeast Quarter of Section 28 lying northerly of a
line 75.00 feet northerly of and parallel with the centerline of State Trunk
Highway 73, and subject to taking for highway purposes of a road access under
S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County Road 21, said
access being 100.00 feet in width with triangular strips of land adjoining it
at the northerly line of State Trunk Highway 73, and subject to highway and
road easements;
(4)
Parcel G: that part of Government Lot 1
of Section 28, which lies northerly of the westerly extension of the northerly
line of the Southwest Quarter of the Northeast Quarter of said Section 28, and
southerly of the westerly extension of the northerly line of the South 660.00
feet of the Northwest Quarter of the Northeast Quarter of said Section 28;
(5)
Parcel H: the South 660.00 feet of the
Northwest Quarter of the Northeast Quarter of Section 28;
(6)
Parcel I: the Southwest Quarter of the
Northeast Quarter of Section 28, except the West 660.00 feet of said Southwest
Quarter; and
(7)
Parcel J: that part of the North
One-Half of the Southeast Quarter of Section 28, described as follows: Commencing at the northwest corner of said
North One-Half of the Southeast Quarter; thence South 89 degrees 57 minutes 36
seconds East along the north line of said North One-Half of the Southeast
Quarter a distance of 660.01 feet to the east line of the West 660.00 feet of
said North One-Half of the Southeast Quarter and the actual point of beginning;
thence continue South 89 degrees 57 minutes 36 seconds East along the north
line of said North One-Half of the Southeast Quarter a distance of 657.40 feet
to the southeast corner of the Southwest Quarter of the Northeast Quarter of
said Section 28; thence South 00 degrees 19 minutes 17 seconds West, parallel
to the west line of said North One-Half of the Southeast Quarter a distance of
715.12 feet to the westerly right-of-way of US Interstate Highway 35; thence
along said westerly right-of-way of US Interstate Highway 35 a distance of
457.86 feet on a nontangential curve, concave to the southeast, having a radius
of 1,054.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and a
chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46
degrees 44 minutes 11 seconds West along said westerly right-of-way of US
Interstate Highway 35 a distance of 295.30 feet to the northerly right-of-way
of Minnesota Trunk Highway 73; thence 163.55 feet along said northerly
right-of-way of Minnesota Trunk Highway 73 on a nontangential curve, concave to
the south, having a radius of 1,984.88 feet, a central angle of 4 degrees 43
minutes 16 seconds, and a chord bearing of South 77 degrees 39 minutes 40
seconds West to the east line of the West 660.00 feet of said North One-Half of
the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a
distance of 1,305.90 feet, more or less, to the point of beginning and there
terminating.
Sec.
7. ADDITIONS
TO STATE RECREATION AREAS.
[85.013] [Subd. 11a.] Garden
Island State Recreation Area, Lake of the Woods County. The following areas are added to Garden
Island State Recreation Area, Lake of the Woods County:
(1)
Bureau of Land Management Island County Control Number 013 (aka Bridges Island)
within Lake of the Woods and located in Section 9, Township 165 North, Range 32
West;
(2)
Bureau of Land Management Island County Control Number 014 (aka Knight Island)
within Lake of the Woods and located in Section 22, Township 165 North, Range
32 West; and
(3)
Bureau of Land Management Island County Control Number 015 (aka Babe Island)
within Lake of the Woods and located in Section 17, Township 166 North, Range
32 West.
Sec.
8. ADDITIONS
TO BIRCH LAKES STATE FOREST.
[89.021] [Subd. 7.] Birch
Lakes State Forest. The following area is added
to Birch Lakes State Forest: the East
Half of the Northeast Quarter, Section 35, Township 127 North, Range 33 West,
Stearns County.
Sec.
9. PUBLIC
OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND BORDERING PUBLIC WATER;
AITKIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, and the classification and
public sale provisions of Minnesota Statutes, chapters 84A and 282, the
commissioner of natural resources may sell by public or private sale the
consolidated conservation land bordering public water that is described in
paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The land that may be sold is located in Aitkin County and is described as: the East 132 feet of the West 396 feet, less
the North 40 feet of Government Lot 8, Section 19, Township 50 North, Range 23
West, containing 3.74 acres, more or less.
(d)
The land borders Aitkin Lake with privately owned land to the east and
west. The land has been subject to
continued trespasses by adjacent landowners.
The Department of Natural Resources has determined that the land is not
needed for natural resource purposes.
Sec.
10. PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; AITKIN
COUNTY.
(a) Notwithstanding the classification and public sale
provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell
by public or private sale the consolidated conservation lands that are
described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The lands that may be sold are located in Aitkin County and are described as:
(1)
that part of the Northwest Quarter of the Southeast Quarter, Section 31,
Township 49 North, Range 22 West, lying east of County State-Aid Highway 6,
containing 3 acres, more or less;
(2)
that part of Government Lot 11, Section 3, Township 47 North, Range 26 West,
lying north of County Road 54, containing 2 acres, more or less;
(3)
that part of Government Lot 1, Section 19, Township 51 North, Range 25 West,
lying southwest of the ditch, containing 20 acres, more or less;
(4)
that part of the Southwest Quarter of the Southwest Quarter, Section 13,
Township 51 North, Range 26 West, lying south of the ditch, containing 12
acres, more or less; and
(5)
that part of the South Half of the Southeast Quarter, Section 13, Township 51
North, Range 26 West, lying south of the ditch, containing 40 acres, more or
less.
(d)
The lands are separated from management units by roads or ditches. The Department of Natural Resources has
determined that the lands are not needed for natural resource purposes.
Sec.
11. PRIVATE SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and upon
completion of condemnation of the school trust land interest, the commissioner
of natural resources may sell by private sale to Cormant Township the surplus
land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to Cormant
Township for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if Cormant Township fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in Beltrami County and is described
as: that part of the Northeast Quarter
of the Southeast Quarter, Section 15, Township 151 North, Range 31 West,
Beltrami County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter of
the Southeast Quarter; thence West along the north line of said Northeast
Quarter of the Southeast Quarter to the northwest corner of said Northeast
Quarter of the Southeast Quarter and the POINT OF BEGINNING of the property to
be described; thence East a distance of 76 feet, along said north line; thence
South a distance of 235 feet; thence West a distance of 76 feet to the west
line of said Northeast Quarter of the Southeast Quarter; thence North a
distance of 235 feet along said west line to the point of beginning. Containing 0.41 acre, more or less.
(d)
Cormant Cemetery has inadvertently trespassed upon the land. The Department of Natural Resources has
determined that the state's land management interests would best be served if
the land was conveyed to Cormant Township and managed as part of the
cemetery. Since the land is currently
school trust land, the Department of Natural Resources shall first condemn the
school trust interest prior to conveyance to Cormant Township.
Sec.
12. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; BELTRAMI
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Beltrami County and is described as: the easterly 350 feet of the following
described parcel: Northland Addition to
Bemidji Lots E, G, H, I, J, Section 8, Township 146 North, Range 33 West, and
all that part of Unplatted Lot 1, Section 17, Township 146 North, Range 33 West
and the Minneapolis, Red Lake, and Manitoba Railway right-of-way lying West of
Park Avenue and within Lot 1 except that part of the MRL&M RY R/W lying
north of the north boundary line of Lot E, Northland Addition to Bemidji.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
13. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; CARLTON
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Carlton County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Carlton County and is described as: the SE1/4 of the SE1/4 of Section 31, Township
47 North, Range 17 West, Blackhoof Township.
(d)
The Carlton County Board of Commissioners has classified the parcel as
nonconservation and has determined that the county's land management interests
would best be served if the parcel was returned to private ownership.
Sec.
14. EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS WILDLIFE MANAGEMENT
AREA; CARVER COUNTY.
(a)
The commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI,
section 10, and according to the provisions of Minnesota Statutes, sections
94.343 to 94.347, exchange the lands described in paragraph (b).
(b)
The lands to be exchanged are located in Carver County and are described as:
(1)
that part of the South Half of the Northwest Quarter and that part of the
Northwest Quarter of the Southwest Quarter lying northwesterly of the following
described line: Beginning on the north
line of the South Half of the Northwest Quarter, 1,815 feet East of the
northwest corner thereof; thence southwesterly 3,200 feet, more or less, to the
southwest corner of the Northwest Quarter of the Southwest Quarter and there
terminating, all in Section 30, Township 115 North, Range 23 West;
(2)
the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast
Quarter of the Southeast Quarter, and that part of the North Half of the
Southeast Quarter lying easterly of County State-Aid Highway 45, all in Section
25, Township 115 North, Range 24 West;
(3)
the Northwest Quarter of the Northeast Quarter of the Northeast Quarter and the
North Half of the Southwest Quarter of the Northeast Quarter of the Northeast
Quarter, all in Section 36, Township 115 North, Range 24 West; and
(4)
the Northwest Quarter of the Northwest Quarter, Section 6, Township 114 North,
Range 23 West.
(c)
The lands were acquired in part with bonding appropriations. The exchange with the United States Fish and
Wildlife Service will consolidate land holdings, facilitate management of the
lands, and provide additional wildlife habitat acres to the state.
Sec.
15. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CLEARWATER
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Clearwater County may sell the tax-forfeited land bordering public water that
is described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Clearwater County and is described as: Parcel 11.300.0020.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
16. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER OR WETLANDS;
DAKOTA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, and the public sale provisions of Minnesota Statutes, chapter
282, Dakota County may convey to Dakota County for no consideration the
tax-forfeited land bordering public water that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if Dakota County stops using the land for
the public purpose described in paragraph (d).
The conveyance is subject to restrictions imposed by the commissioner of
natural resources. The attorney general
may make changes to the land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in Dakota County and is described as:
That
part of Government Lots 7 and 8, Section 26, Township 28, Range 22, lying
southeasterly of Lot 2, AUDITORS SUBDIVISION NO. 23, according to the recorded
plat thereof, and lying easterly of the railroad right-of-way and lying
northwesterly of the following described line:
Commencing
at the southwest corner of said Government Lot 7; thence North, assumed
bearing, along the west line of said Government Lot 7, a distance of 178.00
feet; thence northeasterly along a nontangential curve concave to the southeast
a distance of 290.00 feet, said curve having a radius of 764.50 feet, a central
angle of 21 degrees 43 minutes 57 seconds, a chord of 288.24 feet and a chord
bearing of North 24 degrees 29 minutes 20 seconds East; thence continuing
northeasterly along a tangent curve concave to the southeast a distance of
350.00 feet, said curve having a radius of 708.80 feet, a central angle of 28
degrees 17 minutes 32 seconds, a chord of 346.46 feet and a chord bearing of
North 49 degrees 30 minutes 04 seconds East; thence North 63 degrees 38 minutes
50 seconds East tangent to the last described curve a distance of 578.10 feet,
to a point hereinafter referred to as Point B; thence continuing North 63
degrees 38 minutes 50 seconds East a distance of 278.68 feet, more or less, to
the westerly right-of-way line of the Chicago, Rock Island and Pacific
Railroad, said point being the point of beginning of the line to be described;
thence North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet,
more or less, to the shoreline of the Mississippi River and there terminating.
(Dakota County tax identification number 36-02600-016-32).
(d)
The county has determined that the land is needed as a trail corridor for the
Mississippi River Regional Trail.
Sec.
17. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to the city of Wayzata the
surplus land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to the city of
Wayzata, for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if the city of Wayzata fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in Hennepin County and is described
as: Tract F, Registered Land Survey No.
1168.
(d)
The Department of Natural Resources has determined that the state's land management
interests would best be served if the land was conveyed to the city of Wayzata.
Sec.
18. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ITASCA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and
the public sale provisions of Minnesota Statutes, chapter 282, Itasca County
may sell to Itasca County the tax-forfeited land bordering public water that is
described in paragraph (c), for the appraised value of the land.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is in Itasca County and is described as: the North 1,100 feet of Government Lot 1,
Section 26, Township 56 North, Range 26 West.
(d)
The county has determined that the county's land management interests would be
best served if the land was under the direct ownership of Itasca County.
Sec.
19. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MARSHALL
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Marshall County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Marshall County and is described as: that part of the westerly ten acres of the
North Half of the Northeast Quarter lying southerly of the following described
line: Commencing at the quarter section
corner between Sections 2 and 11; thence South along the quarter section line a
distance of 1,080 feet to the northern edge of County Ditch #25, the point of
beginning; thence upstream along said ditch North 40 degrees East 95 feet;
thence South 41 degrees East 500 feet to the intersection with State Ditch #83;
thence along said state ditch North 52 degrees 50 minutes East 196 feet; thence
East 2,092 feet to the section line between Sections 11 and 12.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
20. EXCHANGE OF STATE LAND WITHIN LAKE LOUISE STATE PARK; MOWER COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 94.342, subdivision 4, the
commissioner of natural resources may, with the approval of the Land Exchange
Board as required under the Minnesota Constitution, article XI, section 10, and
according to the remaining provisions of Minnesota Statutes, sections 94.342 to
94.347, exchange the land located within state park boundaries that is
described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The state land that may be exchanged is located in Mower County and is
described as: that part of the
Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section
20, Township 101 North, Range 14 West, Mower County, Minnesota, described as
follows: Beginning at a point on the
south line of said Section 20 a distance of 1,039.50 feet (63 rods) East of the
south quarter corner of said Section 20; thence North at right angles to said
south line 462.00 feet (28 rods); thence West parallel to said south line 380.6
feet, more or less, to the west line of said Southeast Quarter of the Southwest
Quarter of the Southeast Quarter; thence South along said west line 462 feet,
more or less, to the south line of said Section 20; thence East along said
south line 380.6 feet, more or less, to the point of beginning, containing 4.03
acres.
(d)
The exchange would resolve an unintentional trespass by the Department of
Natural Resources of a horse trail that is primarily located within Lake Louise
State Park and provide for increased access to the state park.
Sec. 21. PRIVATE
SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
19, Township 133, Range 42, River's Bend Reserve, Lot B.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
22. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
24, Township 136, Range 41, Crystal Beach, Lot 56, Block 1.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
23. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 133, Range 43, South 212 feet of Sub Lot 6 and South 212 feet of
Sub Lot 7, except tract and except platted (1.19) acres.
(d)
The Department of Natural Resources has no objection to the sale of this land.
Sec.
24. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
10, Township 134, Range 42, Heilberger Lake Estates, Reserve Lot A.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
25. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
31, Township 137, Range 39, Government Lot 5 (37.20 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
26. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
29, Township 137, Range 40, Freedom Flyer Estates, Lot 26, Block 1.
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
27. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Quiet
Waters Development Outlot A.
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
28. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 136, Range 38, part of Government Lot 4 North and East of highway
(Book 307, Page 31).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
29. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 136, Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of Reserve
A lying North of road (Book 307, Page 31).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
30. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
27, Township 135, Range 39, Government Lot 7 (9.50 acres).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
31. PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
9, Township 135, Range 41, Government Lot 2, except tracts (7.77 acres).
(d)
The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to
manage.
Sec.
32. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
38609
County Highway 41, Section 9, Township 135, Range 41, part of Government Lot 2
beginning 275 feet West, 1,021.36 feet southwesterly, 1,179 feet southeasterly,
132 feet South from northeast corner Section 9; East 33 feet, southerly 314
feet, West 33 feet, northerly on lake East 110 feet to beginning.
Sec.
33. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
27, Township 132, Range 41, Stalker View Acres, Lot 6, Block 1.
Sec.
34. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
33, Township 135, Range 36, North Half of Sub Lot 5 of the Southwest Quarter
(7.07 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
35. PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC WATER; OTTER
TAIL COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that
is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in Otter Tail County and is described as:
Section
33, Township 135, Range 36, South Half of Sub Lot 5 of the Southwest Quarter
(7.06 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
36. PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU COUNTY.
(a)
Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, the commissioner of natural resources may sell
by private sale the consolidated conservation land that is described in
paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the survey costs and the appraised value of the land and
timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
(c)
The land that may be sold is located in Roseau County and is described as: the North 75 feet of the East 290.4 feet of
the West 489.85 feet of the East 1,321.15 feet of the Northeast Quarter,
Section 35, Township 160 North, Range 38 West, containing 0.5 acres, more or
less.
(d)
The land would be sold to the current leaseholder who through an inadvertent
trespass located a cabin, septic system, and personal property on the state
land. The Department of Natural
Resources has determined that the land is not needed for natural resource
purposes.
Sec.
37. PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to St. Louis County the surplus
land that is described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to St. Louis
County for less than the value of the land as determined by the commissioner,
but the conveyance must provide that the land described in paragraph (c) be
used for the public and reverts to the state if St. Louis County fails to
provide for public use or abandons the public use of the land.
(c)
The land that may be sold is located in St. Louis County and is described
as: an undivided 1/12 interest in
Government Lot 6, Section 6, Township 62 North, Range 13 West, containing 35.75
acres, more or less.
(d)
The land was gifted to the state. The
remaining 11/12 undivided interest in the land is owned by the state in trust
for the taxing districts and administered by St. Louis County. The Department of Natural Resources has
determined that the state's land management interests would best be served if
the land was conveyed to St. Louis County.
Sec.
38. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell or convey to the state acting by and through its commissioner
of natural resources, the tax-forfeited land bordering public water that is
described in paragraph (c), under the provisions of Minnesota Statutes, section
282.01, subdivision 1a.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The land that may be sold is located in St. Louis County and is described
as: Lot 7, Klimek's Addition to Grand
Lake, according to the plat thereof on file and of record in the Office of the
County Recorder, St. Louis County.
(d)
The county has determined that the land is not needed for county management
purposes and the Department of Natural Resources would like to acquire the land
for use as a public water access site to Little Grand Lake.
Sec.
39. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. Prior to the sales, the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37, to provide riparian protection and public access to
shore fishing. The easements for land
described in paragraph (c), clauses (1) to (3), shall be 450 feet in width from
the centerline of the river. The
easements for land described in paragraph (c), clauses (4) and (5), shall be
300 feet in width from the centerline of the river. The easements must be approved by the St. Louis County Board and
the commissioner of natural resources.
(c)
The land to be sold is located in St. Louis County and is described as:
(1)
Lot 5 except railroad right-of-way 3.15 acres, Section 2, T50N, R18W (23.35 acres)
(535-0010-00210);
(2)
Lot 7 except railroad right-of-way 3.9 acres, Section 2, T50N, R18W (30.1
acres) (535-0010-00300);
(3)
Lot 5 except railroad right-of-way 3 acres, Section 12, T50N, R18W (36 acres)
(535-0010-01910);
(4)
Lot 2 except railroad right-of-way, Section 35, T51N, R18W (22.5 acres)
(310-0010-05650); and
(5)
Lot 1 except GN railroad right-of-way, Section 35, T51N, R18W (34 acres)
(110-0040-00160).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
40. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (d) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
Prior to the sales of the land described in paragraph (d), clauses (1), (2),
and (10) to (12), the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37, to
provide riparian protection and public access for angling. The easements must be approved by the St.
Louis County Board and the commissioner of natural resources. The easements shall be for lands described
in paragraph (d):
(1)
clause (1), 75 feet in width on each side of the centerline of the creek;
(2)
clause (2), 200 feet in width on each side of the centerline of the river;
(3)
clause (10), 100 feet in width on each side of the centerline of the river; and
(4)
clauses (11) and (12), 50 feet in width on each side of the centerline of the
stream.
(d)
The land to be sold is located in St. Louis County and is described as:
(1)
N 1/2 of NW 1/4 of NE 1/4 of SE 1/4, Section 22, T51N, R14W (5 acres)
(520-0016-00590);
(2)
SW 1/4 of SW 1/4, Section 8, T50N, R16W (40 acres) (530-0010-01510);
(3)
undivided 1/6 and undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12,
T53N, R14W (375-0120-00091, 375-0120-00094);
(4)
SLY 200 FT OF NLY 1,220 FT OF LOT 4, Section 20, T54N, R18W (9.5 acres)
(405-0010-03394);
(5)
PART OF SW 1/4 OF SE 1/4 LYING N OF SLY 433 FT, Section 36, T57N, R21W (25
acres) (141-0050-07345);
(6)
PART OF SE 1/4 OF SW 1/4 LYING W OF DW & P RY AND N OF PLAT OF HALEY,
Section 23, T63N, R19W (11 acres) (350-0020-03730);
(7)
SE 1/4 of NW 1/4, Section 26, T58N, R19W (40 acres) (385-0010-02610);
(8)
NE 1/4 of SW 1/4, Section 20, T59N, R20W (40 acres) (235-0030-03110);
(9)
LOT 4, Section 2, T61N, R19W (40 acres) (200-0010-00230);
(10)
SW 1/4 of SE 1/4, Section 19, T50N, R16W (40 acres) (530-0010-03570);
(11)
LOTS 15, 16, 17, 18, 19, BLOCK 1, COLMANS 4th ACRE TRACT ADDITION TO DULUTH,
Section 33, T51N, R14W (520-0090-00150, -00160, -00180); and
(12)
BLOCKS 17, 18, and 20, PLAT OF VERMILION TRAIL LODGE, Section 13, T62N, R14W.
(e)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
41. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the
tax-forfeited land described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in St. Louis County and is described as:
Lots
20 and 21, Plat of Twin Lakes, Government Lot 3, Section 32, T60N, R19W (1.1
acres) (385-0070-00200).
(d)
This sale resolves an unintentional trespass.
The county has determined that the county's land management interests
would best be served if the lands were returned to private ownership.
Sec.
42. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may convey to the state for no consideration the tax-forfeited land
bordering public water that is described in paragraph (c).
(b)
The conveyance must be according to Minnesota Statutes, section 282.01,
subdivision 2, and in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in St. Louis County and is described as:
(1)
lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 2 lying southeasterly of the southeasterly right-of-way
of the St. Paul and Duluth and Northern Pacific Railway including riparian
rights.
EXCEPT: that part of Government Lot 2 beginning at
the intersection of the south line of Lot 2 and the southeasterly right-of-way
of the St. Paul and Duluth and Northern Pacific Railway; thence easterly along
the south line of said Lot 2 a distance of 150 feet to a point; thence deflect
to the left and continue in a straight line to a point on the southeasterly
line of said railway right-of-way said point distant 150 feet northeast of the
point of beginning; thence deflect to the left and continue southwesterly along
the southeasterly line of said railway right-of-way a distance of 150 feet to
point of beginning and there terminating.
EXCEPT
FURTHER: that part of Government Lot 2
commencing at the point of intersection of the south line of Lot 2 and the
southeasterly right-of-way of the St. Paul and Duluth and Northern Pacific
Railway; thence northeasterly along the southeasterly line of said railway
right-of-way a distance of 1,064 feet to point of beginning; thence deflect 44
degrees, 12 minutes, 27 seconds to the right a distance of 105.44 feet to a
point; thence deflect 85 degrees, 16 minutes, 07 seconds to the left a distance
of 111.92 feet more or less to a point on the southeasterly line of said
railway right-of-way; thence deflect to the left and continue northwesterly
along the southeasterly line of said railway right-of-way a distance of 160
feet more or less to point of beginning and there terminating (010-2746-00290);
and
(2)
lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 1, including riparian rights, lying southerly of the
Northern Pacific Short Line right-of-way except 5 18/100 acres for Northern
Pacific Main Line and except a strip of land 75 feet wide and adjoining the
Northern Pacific Main Line right-of-way and formerly used as right-of-way by
Duluth Transfer Railway 2 67/100 acres, also except that part lying North of
Grand Avenue 72/100 acres and except a strip of land adjacent to the Old
Transfer Railway right-of-way containing 2 13/100 acres. Revised Description #40, Recorder of Deeds,
Book 686, Page 440.
EXCEPT: that part of Government Lot 1 lying
southerly of the Northern Pacific Short Line right-of-way and northerly of the
Old Transfer Railway right-of-way.
EXCEPT
FURTHER: that part of Government Lot 1
lying southerly of the Northern Pacific Main Line right-of-way and lying northerly
of a line parallel to and lying 305 feet southerly of the north line of said
Government Lot 1 (010-2746-00245).
Sec.
43. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction that prohibits excavating, filling, dumping, tree cutting, burning,
structures, and buildings within an area that is 75 feet in width along the
shoreline. A 15-foot strip for
landowner lake access is allowed.
(c)
The land to be sold is located in St. Louis County and is described as: E 1/2 of W 1/2 of E 1/2 of SW 1/4 of NW 1/4,
Section 27, T57N, R17W (5 acres).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
44. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction on buildings, structures, tree cutting, removal of vegetation, and
shoreland alterations within an area that is 75 feet in width along the
river. A 15-foot strip for landowner
river access is allowed.
(c)
The land to be sold is located in St. Louis County and is described as: that part of Lot 8 beginning at a point 200
feet East of the center of Section 5; thence South 300 feet; thence East 300
feet; thence North 263 feet to shoreline of Ash River; thence northwesterly
along the river 325 feet; thence southerly to point of beginning, Section 5,
T68N, R19W (2 acres) (731-0010-00845).
(d)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
45. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is
described in paragraph (d) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
Prior to the sales of the land described in paragraph (d), clauses (1) to (4),
the commissioner of revenue shall grant permanent conservation easements
according to Minnesota Statutes, section 282.37. The easements must be approved by the St. Louis County Board and
the commissioner of natural resources.
The easements shall be for lands described in paragraph (d):
(1)
clause (1), 100 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access
is allowed;
(2)
clause (2), 125 feet in width on each side of the centerline of the river. A 15-foot strip for landowner river access
is allowed;
(3)
clause (3), 100 feet in width on each side of the centerline of the tributary;
and
(4)
clause (4), for access purposes.
(d)
The land to be sold is located in St. Louis County and is described as:
(1)
SW 1/4 of SW 1/4 except W 1/2, Section 14, T62N, R18W (20 acres);
(2)
S 1/2 of SW 1/4 of SW 1/4, Section 16, T62N, R18W (20 acres);
(3)
SW 1/4 of SE 1/4 except 5 acres at NW corner and except S 1/2 and except E 1/2
of NE 1/4, Section 10, T52N, R12W (10 acres);
(4)
NW 1/4 of SE 1/4 except that part of the NE 1/4 lying N of the East Van Road
and except S 1/2 of N 1/2 of S 1/2 and except S 1/2 of S 1/2, Section 5, T52N,
R14W (18.3 acres);
(5)
westerly 416 feet of SW 1/4 of SW 1/4 except westerly 208 feet of southerly 624
feet, Section 21, T56N, R18W (9.63 acres);
(6)
Lot 3, Section 1, T55N, R21W (46.18 acres);
(7)
SW 1/4 of NE 1/4, Section 18, T52N, R15W (40 acres); and
(8)
Lots 23, 73, 95, 118, 119 of NE-NA MIK-KA-TA plat, town of Breitung, located in
Government Lots 1 and 12 of Section 6, T62N, R15W.
(e)
The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
Sec.
46. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
St. Louis County may sell by private sale the tax-forfeited land that is
described in paragraph (c) under the remaining provisions of Minnesota
Statutes, chapter 282.
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c)
The land to be sold is located in St. Louis County and is described as:
(1)
that part of the South 200 feet of the West 900 feet of Government Lot 4 lying
east of State Highway 73, and that part of the North 300 feet of the West 900
feet of Government Lot 5 lying east of State Highway 73, all in Section 6,
Township 52 North, Range 20 West;
(2)
that part of the Southeast Quarter of the Northeast Quarter lying north of
County Road 115 in Section 15, Township 62 North, Range 17 West; and
(3)
that part of the Southwest Quarter of the Northeast Quarter of Section 26,
Township 63 North, Range 12 West, lying west of the west right-of-way boundary
of County Highway 88; EXCEPTING therefrom the following described tract of
land: That part of the Southwest Quarter
of the Northeast Quarter of Section 26, Township 63 North, Range 12 West,
described as follows: Begin at a point
located at the intersection of the north and south quarter line of said section
and the north boundary line of the right-of-way of County Highway 88, said
point being 494.44 feet North of the center of said section; thence North on
said north and south quarter line a distance of 216.23 feet; thence at an angle
of 90 degrees 0 minutes to the right a distance of 253.073 feet; thence at an
angle of 90 degrees 0 minutes to the right a distance of 472.266 feet to a
point on the north boundary line of the right-of-way of said County Highway 88;
thence in a northwesterly direction along the north boundary line of the
right-of-way of said County Highway 88, a distance of 360 feet to the point of
beginning.
(d)
The sales authorized under this section are needed for public utility
substations.
Sec.
47. PRIVATE SALE OF WILDLIFE MANAGEMENT AREA LAND; WABASHA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09, 94.10, and 97A.135,
subdivision 2a, the commissioner of natural resources shall sell by private
sale the wildlife management area land described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to
Mazeppa Township for less than the value of the land as determined by the
commissioner.
(c)
The land that may be sold is located in Wabasha County and is described as
follows: all of the following described
tract: the southerly 300 feet of the
westerly 350 feet of the Northwest Quarter of the Northwest Quarter of Section
10, Township 109 North, Range 14 West; together with the southerly 300 feet of
the easterly 150 feet of the Northeast Quarter of the Northeast Quarter of
Section 9, Township 109 North, Range 14 West; excepting therefrom the
right-of-way of existing highway; containing 3.23 acres more or less.
(d)
The land is located in Mazeppa Township and is not contiguous to other state
lands. The Department of Natural
Resources has determined that the state's land management interests would best
be served if the lands were conveyed to a local unit of government.
Sec.
48. PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WADENA
COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus lands bordering public water that
are described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c)
The lands that may be sold are located in Wadena County and are described as:
(1)
Government Lot 3, Section 28, Township 135 North, Range 33 West, containing
0.01 acres, more or less;
(2)
Government Lot 2, Section 34, Township 135 North, Range 33 West, containing 1.5
acres, more or less; and
(3)
Government Lot 7, Section 30, Township 135 North, Range 35 West, containing
0.01 acres, more or less.
(d)
The lands border the Leaf River and are not contiguous to other state
lands. The Department of Natural
Resources has determined that the lands are not needed for natural resource
purposes.
Sec.
49. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON
COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington
County may convey to the Comfort Lake-Forest Lake Watershed District for
no consideration the tax-forfeited land bordering public water that is
described in paragraph (c).
(b)
The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the Comfort Lake-Forest Lake Watershed
District stops using the land for the public purpose described in paragraph
(d). The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c)
The land to be conveyed is located in Washington County and is described as:
(1)
Parcel A (PIN 05.032.21.12.0001): all
that part of the Northwest Quarter of the Northeast Quarter, Section 5,
Township 32, Range 21, Washington County, Minnesota, that lies East of
Minnesota Highway 61 as relocated and South of Judicial Ditch No. 1, except the
following described tracts:
Beginning
at a point where the easterly right-of-way of Minnesota Highway 61 intersects
the south line of the Northwest Quarter of the Northeast Quarter, Section 5,
Township 32, Range 21, Washington County, Minnesota; thence East along said
south line of the Northwest Quarter of the Northeast Quarter of Section 5 for
194.1 feet; thence North at right angles 435.3 feet; thence South 75 degrees 56
minutes West for 294.4 feet to said easterly right-of-way of Minnesota Highway
61; thence South 14 degrees 04 minutes East along said easterly right-of-way of
Minnesota Highway 61 for 375.0 feet to the point of the beginning; and
That
part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32
North, Range 21 West, Washington County, Minnesota, described as follows: commencing at the north quarter corner of
Section 5; thence East along the north line of Section 5, a distance of 538.8
feet to the easterly right-of-way line of Trunk Highway 61; thence
southeasterly deflection to the right 76 degrees 00 minutes 20 seconds, along
said highway right-of-way line, 500.4 feet to the point of beginning; thence
continuing southeasterly along said highway right-of-way line 293.7 feet to the
northwest corner of the Philip F. and Maree la J. Turcott property, as
described in Book 261 of Deeds on Page 69; thence northeasterly at right angles
along the northerly line of said Turcott property in its northeasterly
projection thereof, 318.4 feet, more or less, to the centerline of Sunrise
River; thence northwesterly along said Sunrise River centerline, 358 feet, more
or less, to the point of intersection with a line drawn northeasterly from the
point of beginning and perpendicular to the easterly right-of-way line of Trunk
Highway 61; thence southwesterly along said line, 154.3 feet, more or less, to
the point of beginning; and
(2)
Parcel B (PIN 05.032.21.12.0004): that
part of the Northwest Quarter of the Northeast Quarter, Section 5, Township 32,
Range 21, lying easterly of Highway 61 and North of Judicial Ditch No. 1.
(d)
The county has determined that the land is needed by the watershed district for
purposes of Minnesota Statutes, chapter 103D.
Sec.
50. LEASE OF TAX-FORFEITED AND STATE LANDS.
(a)
Notwithstanding Minnesota Statutes, section 282.04, or other law to the
contrary, St. Louis County may enter a 30-year lease of tax-forfeited land for
a wind energy project.
(b)
The commissioner of natural resources may enter a 30-year lease of land
administered by the commissioner for a wind energy project.
Sec.
51. EFFECTIVE DATE.
Sections
1 to 50 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to state lands; modifying Minnesota critical habitat
private sector matching account; modifying outdoor recreation system; adding to
and deleting from state parks, recreation areas, and forests; providing for
public and private sales, conveyances, and exchanges of certain state land;
authorizing 30-year leases of tax-forfeited and other state lands for wind
energy projects; amending Minnesota Statutes 2006, sections 84.943, subdivision
5; 86A.04; 86A.08, subdivision 1; Laws 2006, chapter 236, article 1, section
43."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3034, A bill for an act relating to construction professions; modifying
provisions relating to the electrical, plumbing, water conditioning, boiler,
and high-pressure piping professions; amending Minnesota Statutes 2006,
sections 299F.011, subdivision 3; 326.244, subdivision 1; Minnesota Statutes
2007 Supplement, sections 16B.64, subdivision 8; 183.60, subdivision 2; 326.01,
subdivisions 4b, 5; 326.2415, subdivisions 2, 6; 326.242, subdivisions 2, 3d,
5, 12, by adding subdivisions; 326.244, subdivision 5; 326.37, subdivision 1a;
326.3705, subdivision 1; 326.40, subdivisions 1, 2, 3; 326.47, subdivision 2;
326.48, subdivisions 1, 2, 2a, 2b, 5; 326.50; 326.505, subdivisions 1, 2, 8;
326.62; 326.84, subdivision 1; 326.93, subdivision 4; 326.94, subdivision 2; 326B.082,
subdivisions 8, 10, 11, 12, 13; 326B.083, subdivision 3; 326B.89, subdivisions
5, 6, 12, 14; 327B.04, subdivision 4; Laws 2007, chapter 140, article 4,
section 12; repealing Minnesota Statutes 2006, section 16B.69; Minnesota
Statutes 2007 Supplement, sections 326.2411; 326.372; 326.471; Laws 2007,
chapter 9, section 1; Laws 2007, chapter 135, article 4, sections 2; 8; article
6, section 3; Laws 2007, chapter 140, article 12, section 9; Minnesota Rules,
part 3800.3510.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 16B.64, subdivision 8, is amended to read:
Subd.
8. Effective
date of rules. A rule to adopt or
amend the state's building code is effective 180 days after the filing of the
rule with the secretary of state under section 14.16 or 14.26. The rule may provide for a different
later effective date. The rule
may provide for an earlier effective date if the commissioner or board
proposing the rule finds that a different an earlier effective
date is necessary to protect public health and safety after considering, among
other things, the need for time for training of individuals to comply with and
enforce the rule.
Sec. 2. Minnesota Statutes 2007 Supplement, section
183.60, subdivision 2, is amended to read:
Subd.
2. Repair
violation. No A
person who repairs a boiler or pressure vessel by welding or riveting so as
not to must meet the minimum requirements established by the current
edition of the National Board of Boiler and Pressure Vessel Inspectors
inspection code and the rules of the department.
Sec.
3. Minnesota Statutes 2006, section
299F.011, subdivision 3, is amended to read:
Subd.
3. Rules
for code administration and enforcement.
The commissioner of public safety shall adopt rules as may be
necessary to administer and enforce the code, specifically including but not
limited to rules for inspection of buildings and other structures covered by
the code and conforming the code to the governmental organization of Minnesota
state agencies, political subdivisions and local governments.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 326.01, subdivision 4b, is amended to read:
Subd.
4b. Elevator contractor. "Elevator contractor" means a licensed contractor whose
responsible licensed individual is a licensed master elevator constructor. An elevator contractor license does not
itself qualify its holder to perform or supervise the electrical or elevator
work authorized by holding any other a personal license issued by
the commissioner.
Sec.
5. Minnesota Statutes 2007 Supplement,
section 326.01, subdivision 5, is amended to read:
Subd.
5. Contractor. "Contractor" means a person who
performs or offers to perform any electrical work, with or without
compensation, who is licensed as a contractor by the commissioner. A contractor's license does not of itself
qualify its holder to perform or supervise the electrical work authorized by
holding any class of electrician's or other personal electrical
license. Contractor includes electrical
contractors and technology system contractors.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 326.2415, subdivision 2, is amended to read:
Subd.
2. Powers;
duties; administrative support. (a)
The board shall have the power to:
(1)
elect its chair, vice-chair, and secretary;
(2)
adopt bylaws that specify the duties of its officers, the meeting dates of the
board, and containing such other provisions as may be useful and necessary for
the efficient conduct of the business of the board;
(3)
adopt the Minnesota Electrical Code shall, which must be the
most current edition of the National Electrical Code upon its adoption by
the board and any amendments thereto as adopted by the board. The board shall adopt the most current
edition of the National Electrical Code and any amendments thereto pursuant to
chapter 14 and as provided in subdivision 6, paragraphs (b) and (c);
(4)
review requests for final interpretations and issue final interpretations as
provided in section 16B.63, subdivision 5;
(5)
adopt rules that regulate the licensure or registration of electrical
businesses, electrical contractors, master electricians, journeyman
electricians, Class A installer, Class B installer, power limited technicians,
and other persons who perform electrical work except for those individuals
licensed under section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter 14 and as
provided in subdivision 6, paragraphs (d) and (e);
(6)
adopt rules that regulate continuing education for individuals licensed or
registered as electrical businesses, electrical contractors, master
electricians, journeyman electricians, Class A installer, Class B installer,
power limited technicians, and other persons who perform electrical work. The board shall adopt these rules pursuant
to chapter 14 and as provided in subdivision 6, paragraph paragraphs
(d) and (e);
(7)
advise the commissioner regarding educational requirements for electrical
inspectors;
(8)
refer complaints or other communications to the commissioner, whether oral or
in writing, as provided in subdivision 8, that alleges allege
or implies imply a violation of a statute, rule, or order that
the commissioner has the authority to enforce pertaining to code compliance,
licensure, registration, or an offering to perform or performance of unlicensed
electrical services;
(9)
approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
(10)
approve license reciprocity agreements;
(11)
select from its members individuals to serve on any other state advisory
council, board, or committee; and
(12)
recommend the fees for licenses and certifications.
Except
for the powers granted to the Plumbing Board, Board of Electricity, and the
Board of High Pressure Piping Systems, the commissioner of labor and industry
shall administer and enforce the provisions of this chapter and any rules
promulgated pursuant thereto.
(b)
The board shall comply with section 15.0597, subdivisions 2 and 4.
(c)
The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by all of the other boards
created pursuant to chapter 326B. The
commissioner shall provide staff support to the board. The support includes professional, legal,
technical, and clerical staff necessary to perform rulemaking and other duties
assigned to the board. The commissioner
of labor and industry shall supply necessary office space and supplies to
assist the board in its duties.
Sec.
7. Minnesota Statutes 2007 Supplement,
section 326.2415, subdivision 6, is amended to read:
Subd.
6. Officers,
quorum, voting. (a) The board shall
elect annually from its members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
majority of members of the board qualified to vote on the matter in
question. All questions concerning the
manner in which a meeting is conducted or called that is not covered by statute
shall be determined by Robert's Rules of Order (revised) unless otherwise
specified by the bylaws.
(b)
Each electrical code amendment considered by the board that receives an
affirmative two-thirds or more majority vote of all of the voting members of
the board shall be included in the next electrical code rulemaking proceeding
initiated by the board. If an
electrical code amendment considered, or reconsidered, by the board receives
less than a two-thirds majority vote of all of the voting members of the board,
the electrical code amendment shall not be included in the next electrical code
rulemaking proceeding initiated by the board.
(c)
The board may reconsider electrical code amendments during an active electrical
code rulemaking proceeding in which the amendment previously failed to receive
a two-thirds majority vote or more of all of the voting members of the board
only if new or updated information that affects the electrical code amendment
is presented to the board. The board
may also reconsider failed electrical code amendments in subsequent electrical
code rulemaking proceedings.
(d)
Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and
(6), that receives an affirmative majority vote of all of the voting members of
the board shall be included in the next rulemaking proceeding initiated by the
board. If a proposed rule or rule
amendment considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or
rule amendment shall not be included in the next rulemaking proceeding
initiated by the board.
(e)
The board may reconsider proposed rule rules or rule amendment
amendments during an active rulemaking proceeding in which the amendment
previously failed to receive an affirmative majority vote of all of the voting
members of the board only if new or updated information that affects the
proposed rule or rule amendment is presented to the board. The board may also reconsider failed
proposed rule rules or rule amendment amendments in
subsequent rulemaking proceedings.
Sec.
8. Minnesota Statutes 2007 Supplement,
section 326.242, subdivision 2, is amended to read:
Subd.
2. Journeyman
electrician. (a) Except as
otherwise provided by law, no individual shall perform and supervise any
electrical work except for planning or laying out of electrical work unless:
(1)
the individual is licensed by the commissioner as a journeyman electrician; and
(2)
the electrical work is:
(i)
for a contractor and the individual is an employee, partner, or officer of the
licensed contractor; or
(ii)
performed under the supervision of a master electrician also employed by the
individual's employer on electrical wiring, apparatus, equipment, or facilities
that are owned or leased by the employer and that are located within the limits
of property operated, maintained, and either owned or leased by the employer.
(b) An
applicant for a Class A journeyman electrician license shall have had at least
four years of experience, acceptable to the commissioner, in wiring for,
installing, and repairing electrical wiring, apparatus, or equipment, provided
however, that the commissioner may by rule allow one year of experience
credit for the successful completion of a two-year post high school electrical
course approved by the commissioner may be allowed.
(c) As
of August 1, 1985, no new Class B journeyman electrician licenses shall be
issued. An individual who holds a Class
B journeyman electrician license as of August 1, 1985, may retain and renew the
license and exercise the privileges it grants, which include electrical work
limited to single phase systems, not over 200 amperes in capacity, on farmsteads
or on single-family dwellings located in towns or municipalities with fewer
than 2,500 inhabitants.
Sec.
9. Minnesota Statutes 2007 Supplement,
section 326.242, subdivision 3d, is amended to read:
Subd.
3d. Power limited technician.
(a) Except as otherwise provided by law, no individual shall install,
alter, repair, plan, lay out, or supervise the installing, altering, repairing,
planning, or laying out of electrical wiring, apparatus, or equipment for
technology circuits or systems unless:
(1)
the individual is licensed by the commissioner as a power limited technician;
and
(2)
the electrical work is:
(i) for a licensed contractor and the individual is
an employee, partner, or officer of, or is the licensed contractor; or
(ii)
performed under the direct supervision of a master electrician or power limited
technician also employed by the individual's employer on technology circuits,
systems, apparatus, equipment, or facilities that are owned or leased by the
employer and that are located within the limits of property operated,
maintained, and either owned or leased by the employer.
(b) An
applicant for a power limited technician's license shall (1) be a graduate of a
four-year electrical course offered by an accredited college or university; or
(2) have had at least 36 months' experience, acceptable to the board
commissioner, in planning for, laying out, supervising, installing,
altering, and repairing wiring, apparatus, or equipment for power limited
systems, provided however, that the board may by rule provide for the
allowance of up to 12 months (2,000 hours) of experience credit for
successful completion of a two-year post high school electrical course or other
technical training approved by the board commissioner may be allowed.
(c)
Licensees must attain 16 hours of continuing education acceptable to the board
every renewal period.
(d) A
company holding an alarm and communication license as of June 30, 2003, may
designate one individual who may obtain a power limited technician license
without passing an examination administered by the commissioner by submitting
an application and license fee of $30.
(e) A
person who has submitted an application by December 30, 2007, to take the power
limited technician examination administered by the department is not required
to meet the qualifications set forth in paragraph (b).
Sec.
10. Minnesota Statutes 2007 Supplement,
section 326.242, is amended by adding a subdivision to read:
Subd.
3e. Elevator
constructor. (a) An
individual licensed as an elevator constructor may install, maintain, and
repair electrical wiring, apparatus, and equipment for elevators and escalators
while in the employ of an elevator contractor or Class A electrical contractor.
(b)
An applicant for an elevator constructor's license shall have at least 36
months' experience, acceptable to the commissioner, in wiring for, installing,
and repairing electrical wiring, apparatus, or equipment for elevators and
escalators, provided, however, that the board may by rule allow one year of experience
credit for the completion of a two-year post-high school electrical course
approved by the commissioner.
Sec.
11. Minnesota Statutes 2007 Supplement,
section 326.242, is amended by adding a subdivision to read:
Subd.
3f. Lineman. (a) An individual licensed as a lineman
may install, maintain, and repair transmission and distribution systems that
are or will be owned or leased by an electric utility.
(b)
An applicant for a lineman's license shall have at least 48 months' experience,
acceptable to the commissioner, in wiring for, installing, and repairing
electrical wiring, apparatus, or equipment for an electrical utility.
Sec.
12. Minnesota Statutes 2007 Supplement,
section 326.242, is amended by adding a subdivision to read:
Subd.
3g. Maintenance
electrician. (a) An
individual licensed as a maintenance electrician may maintain and repair
electrical wiring, apparatus, and equipment while in the employ of a
contractor, or as a full-time employee of a single employer while engaged in
the maintenance and repair of electrical wiring, apparatus, and equipment owned
or leased by the employer and located within the limits of property owned or
leased by the employer.
(b)
An applicant for a maintenance electrician's license shall have at least 48 months'
experience, acceptable to the commissioner, in wiring for, installing, and
repairing electrical wiring, apparatus, or equipment, provided, however, that
the board may by rule allow one year of experience credit for the completion of
a two-year post-high school electrical course approved by the commissioner.
Sec.
13. Minnesota Statutes 2007 Supplement,
section 326.242, is amended by adding a subdivision to read:
Subd.
3h. Master
elevator constructor. (a) An
individual licensed as a master elevator constructor may, while licensed as an
elevator electrical contractor or while in the employ of an elevator contractor
or Class A electrical contractor, plan, lay out, supervise and install,
maintain, and repair wiring, apparatus, and equipment for elevators and
escalators.
(b)
An applicant for a master elevator constructor's license shall have at least 60
months' experience, acceptable to the commissioner, in wiring for, installing,
and repairing electrical wiring, apparatus, or equipment for elevators and escalators,
provided, however, that the board may by rule allow one year of experience
credit for the completion of a two-year post-high school electrical course
approved by the commissioner.
Sec.
14. Minnesota Statutes 2007 Supplement,
section 326.242, subdivision 5, is amended to read:
Subd.
5. Unlicensed
individuals. (a) An unlicensed
individual means an individual who has not been licensed by the department to
perform specific electrical work. An
unlicensed individual shall not perform electrical work required to be
performed by a licensed individual unless the individual has first registered
with the department as an unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical
work required to be performed by a licensed individual unless the work is
performed under the direct supervision of an individual actually licensed to
perform such work. The licensed
individual and unlicensed individual must be employed by the same employer. Licensed individuals shall not permit
unlicensed individuals to perform electrical work except under the direct
supervision of an individual actually licensed to perform such work. Unlicensed individuals shall not supervise
the performance of electrical work or make assignments of electrical work to
unlicensed individuals. Except for
technology circuit circuits or system systems work,
licensed individuals shall supervise no more than two unlicensed
individuals. For technology circuit
circuits or system systems work, licensed individuals shall
supervise no more than three unlicensed individuals.
(b)
Notwithstanding any other provision of this section, no individual other than a
master electrician or power limited technician shall plan or lay out electrical
wiring, apparatus, or equipment for light, heat, power, or other purposes,
except circuits or systems exempted from personal licensing by subdivision 12,
paragraph (b).
(c)
Contractors employing unlicensed individuals to perform electrical work shall
maintain records establishing compliance with this subdivision that shall
identify all unlicensed individuals performing electrical work, except for
individuals working on circuits or systems exempted from personal licensing by
subdivision 12, paragraph (b), and shall permit the department to examine and
copy all such records.
(d)
When a licensed individual supervises the electrical work of an unlicensed
individual, the licensed individual is responsible for ensuring that the
electrical work complies with the Minnesota Electrical Act and all rules
adopted under the act.
Sec.
15. Minnesota Statutes 2007 Supplement,
section 326.242, subdivision 12, is amended to read:
Subd.
12. Exemptions from licensing.
(a) An individual who is a maintenance electrician is not required to
hold or obtain a license under sections 326B.31 to 326B.399 if:
(1)
the individual is engaged in the maintenance and repair of electrical
equipment, apparatus, and facilities that are owned or leased by the
individual's employer and that are located within the limits of property
operated, maintained, and either owned or leased by the individual's employer;
(2)
the individual is supervised by:
(i)
the responsible master electrician for a contractor who has contracted with the
individual's employer to provide services for which a contractor's license is
required; or
(ii) a
licensed master electrician, a licensed maintenance electrician, an electrical
engineer, or, if the maintenance and repair work is limited to technology circuit
and system circuits or systems work, a licensed power limited
technician; and
(3)
the individual's employer has filed with the commissioner a certificate of
responsible person, signed by the responsible master electrician of the
contractor, the licensed master electrician, the licensed maintenance electrician,
the electrical engineer, or the licensed power limited technician, and stating
that the person signing the certificate is responsible for ensuring that the
maintenance and repair work performed by the employer's employees complies with
the Minnesota Electrical Act and the rules adopted under that act.
(b)
Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance
with subdivision 1, or power limited technician in accordance with subdivision
3d, paragraph (a), clause (1), are not required to hold a license under
sections 326B.31 to 326B.399 for the planning, laying out, installing,
altering, and repairing of technology circuits or systems except planning,
laying out, or installing:
(1) in
other than residential dwellings, class 2 or class 3 remote control circuits
that control circuits or systems other than class 2 or class 3, except circuits
that interconnect these systems through communication, alarm, and security
systems are exempted from this paragraph;
(2)
class 2 or class 3 circuits in electrical cabinets, enclosures, or devices
containing physically unprotected circuits other than class 2 or class 3; or
(3)
technology circuits and or systems in hazardous classified
locations as covered by chapter 5 of the National Electrical Code.
(c)
Companies and their employees that plan, lay out, install, alter, or repair
class 2 and class 3 remote control wiring associated with plug or cord and plug
connected appliances other than security or fire alarm systems installed in a
residential dwelling are not required to hold a license under sections 326B.31
to 326B.399.
(d)
Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections 326B.31
to 326B.399 when performing heating, ventilating, air conditioning, or
refrigeration work as described in section 326.245.
(e)
Employees of any electrical, communications, or railway utility, cable
communications company as defined in section 238.02, or a telephone company as
defined under section 237.01 or its employees, or of any independent contractor
performing work on behalf of any such utility, cable communications company, or
telephone company, shall not be required to hold a license under sections
326B.31 to 326B.399:
(1)
while performing work on installations, materials, or equipment which are owned
or leased, and operated and maintained by such utility, cable communications
company, or telephone company in the exercise of its utility, antenna, or
telephone function, and which
(i)
are used exclusively for the generation, transformation, distribution,
transmission, or metering of electric current, or the operation of railway
signals, or the transmission of intelligence and do not have as a principal
function the consumption or use of electric current or provided service by or
for the benefit of any person other than such utility, cable communications
company, or telephone company, and
(ii)
are generally accessible only to employees of such utility, cable
communications company, or telephone company or persons acting under its
control or direction, and
(iii)
are not on the load side of the service point or point of entrance for
communication systems;
(2)
while performing work on installations, materials, or equipment which are a
part of the street lighting operations of such utility; or
(3)
while installing or performing work on outdoor area lights which are directly
connected to a utility's distribution system and located upon the utility's
distribution poles, and which are generally accessible only to employees of
such utility or persons acting under its control or direction.
(f) An
owner shall not be required to hold or obtain a license under sections 326B.31
to 326B.399.
Sec.
16. Minnesota Statutes 2006, section
326.244, subdivision 1, is amended to read:
Subdivision
1. Required
inspection. Except where any
political subdivision has by ordinance provided for electrical inspection
similar to that herein provided, every new electrical installation in any
construction, remodeling, replacement, or repair, except minor repair work as
the same is defined by the board by rule, shall be inspected by the board
commissioner for compliance with accepted standards of construction for
safety to life and property.
Sec.
17. Minnesota Statutes 2007 Supplement,
section 326.244, subdivision 5, is amended to read:
Subd.
5. Exemptions
from inspections. Installations,
materials, or equipment shall not be subject to inspection under sections
326B.31 to 326B.399:
(1)
when owned or leased, operated and maintained by any employer whose maintenance
electricians are exempt from licensing under sections 326B.31 to 326B.399,
while performing electrical maintenance work only as defined by board
rule;
(2)
when owned or leased, and operated and maintained by any electrical,
communications, or railway utility, cable communications company as defined in
section 238.02, or telephone company as defined under section 237.01, in the
exercise of its utility, antenna, or telephone function; and
(i)
are used exclusively for the generations, transformation, distribution,
transmission, or metering of electric current, or the operation of railway signals,
or the transmission of intelligence, and do not have as a principal function
the consumption or use of electric current by or for the benefit of any person
other than such utility, cable communications company, or telephone company;
and
(ii)
are generally accessible only to employees of such utility, cable
communications company, or telephone company or persons acting under its
control or direction; and
(iii)
are not on the load side of the service point or point of entrance for
communication systems;
(3)
when used in the street lighting operations of an electrical utility;
(4)
when used as outdoor area lights which are owned and operated by an electrical
utility and which are connected directly to its distribution system and located
upon the utility's distribution poles, and which are generally accessible only
to employees of such utility or persons acting under its control or direction;
(5)
when the installation, material, and equipment are in facilities subject to the
jurisdiction of the federal Mine Safety and Health Act; or
(6)
when the installation, material, and equipment is part of an elevator
installation for which the elevator contractor, licensed under section 326.242,
is required to obtain a permit from the authority having jurisdiction as
provided by section 16B.747, and the inspection has been or will be performed
by an elevator inspector certified and licensed by the department. This exemption shall apply only to
installations, material, and equipment permitted or required to be connected on
the load side of the disconnecting means required for elevator equipment under
National Electrical Code Article 620, and elevator communications and alarm
systems within the machine room, car, hoistway, or elevator lobby.
Sec.
18. Minnesota Statutes 2007 Supplement,
section 326.37, subdivision 1a, is amended to read:
Subd.
1a. Agreements with municipalities.
The commissioner may enter into an agreement with a municipality, in
which the municipality agrees to perform plan and specification reviews
required to be performed by the commissioner under Minnesota Rules, part
4715.3130, if:
(a)
the municipality has adopted:
(1)
the plumbing code;
(2) an
ordinance that requires plumbing plans and specifications to be submitted to,
reviewed, and approved by the municipality, except as provided in paragraph (h)
(n);
(3) an
ordinance that authorizes the municipality to perform inspections required by
the plumbing code; and
(4) an
ordinance that authorizes the municipality to enforce the plumbing code in its
entirety, except as provided in paragraph (p);
(b)
the municipality agrees to review plumbing plans and specifications for all
construction for which the plumbing code requires the review of plumbing plans
and specifications, except as provided in paragraph (n);
(c)
the municipality agrees that, when it reviews plumbing plans and specifications
under paragraph (b), the review will:
(1)
reflect the degree to which the plans and specifications affect the public
health and conform to the provisions of the plumbing code;
(2)
ensure that there is no physical connection between water supply systems that
are safe for domestic use and those that are unsafe for domestic use; and
(3)
ensure that there is no apparatus through which unsafe water may be discharged
or drawn into a safe water supply system;
(d)
the municipality agrees to perform all inspections required by the plumbing
code in connection with projects for which the municipality reviews plumbing
plans and specifications under paragraph (b);
(e)
the commissioner determines that the individuals who will conduct the
inspections and the plumbing plan and specification reviews for the
municipality do not have any conflict of interest in conducting the inspections
and the plan and specification reviews;
(f)
individuals who will conduct the plumbing plan and specification reviews for
the municipality are:
(1)
licensed master plumbers;
(2)
licensed professional engineers; or
(3)
individuals who are working under the supervision of a licensed professional
engineer or licensed master plumber and who are licensed master or journeyman
plumbers or hold a postsecondary degree in engineering;
(g)
individuals who will conduct the plumbing plan and specification reviews for
the municipality have passed a competency assessment required by the
commissioner to assess the individual's competency at reviewing plumbing plans
and specifications;
(h)
individuals who will conduct the plumbing inspections for the municipality are
licensed master or journeyman plumbers, or inspectors meeting the competency
requirements established in rules adopted under section 16B.655;
(i)
the municipality agrees to enforce in its entirety the plumbing code on all
projects, except as provided in paragraph (p);
(j)
the municipality agrees to keep official records of all documents received,
including plans, specifications, surveys, and plot plans, and of all plan
reviews, permits and certificates issued, reports of inspections, and notices
issued in connection with plumbing inspections and the review of plumbing plans
and specifications;
(k)
the municipality agrees to maintain the records described in paragraph (j) in
the official records of the municipality for the period required for the
retention of public records under section 138.17, and shall make these records
readily available for review at the request of the commissioner;
(l)
the municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the plumbing code or any of
ordinances described in item paragraph (a), or if the
commissioner determines that the municipality is not properly administering and
enforcing the plumbing code or is otherwise not complying with the agreement:
(1)
the commissioner may, effective 14 days after the municipality's receipt of
written notice, terminate the agreement;
(2)
the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and
(3)
while any challenge is pending under item clause (2), the
commissioner shall perform plan and specification reviews within the
municipality under Minnesota Rules, part 4715.3130;
(m)
the municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the
commissioner;
(n)
the municipality and the commissioner agree that the municipality shall forward
to the state for review all plumbing plans and specifications for the following
types of projects within the municipality:
(1)
hospitals, nursing homes, supervised living facilities, and similar
health-care-related facilities regulated by the Minnesota Department of Health;
(2)
buildings owned by the federal or state government; and
(3)
projects of a special nature for which department review is requested by either
the municipality or the state;
(o)
where the municipality forwards to the state for review plumbing plans and
specifications, as provided in paragraph (n), the municipality shall not
collect any fee for plan review, and the commissioner shall collect all
applicable fees for plan review; and
(p) no
municipality shall revoke, suspend, or place restrictions on any plumbing
license issued by the state.
Sec.
19. Minnesota Statutes 2007 Supplement,
section 326.3705, subdivision 1, is amended to read:
Subdivision
1. Composition. (a) The Plumbing Board shall consist of 14
members. Twelve members shall be
appointed by the governor with the advice and consent of the senate and shall
be voting members. Appointments of
members by the governor shall be made in accordance with section 15.066. If the senate votes to refuse to consent to
an appointment of a member made by the governor, the governor shall appoint a
new member with the advice and consent of the senate. One member shall be the commissioner of labor and industry or the
commissioner of labor and industry's designee, who shall be a voting
member. One member shall be the
commissioner of health or the commissioner of health's designee, who shall not
be a voting member. Of the 12 appointed
members, the composition shall be as follows:
(1)
two members shall be municipal plumbing inspectors, one from the metropolitan
area and one from greater Minnesota;
(2)
one member shall be a licensed professional engineer specializing in plumbing
designs or systems;
(3)
two members shall be commercial/industrial plumbing contractors, one from the
metropolitan area and one from greater Minnesota;
(4)
one member shall be a residential plumbing contractor;
(5) two
members shall be commercial/industrial journeymen, one from the metropolitan
area and one from greater Minnesota;
(6)
one member shall be a residential plumbing journeyman;
(7)
one member shall be a water conditioning contractor;
(8)
one member shall be a municipal public water supply system operator or
superintendent; and
(9)
one member shall be a public member as defined by section 214.02.
One of the municipal
plumbing inspectors shall be appointed for an initial term to end on December
31, 2010. The other municipal plumbing
inspector shall be appointed for an initial term to end on December 31,
2011. The professional engineer shall
be appointed for an initial term to end on December 31, 2011. One of the commercial/industrial plumbing
contractors shall be appointed for an initial term to end on December 31,
2010. The other commercial/industrial
plumbing contractor shall be appointed for an initial term to end on December
31, 2011. The residential plumbing
contractor shall be appointed for an initial term to end on December 31,
2010. One of the commercial/industrial
plumbing journeymen shall be appointed for an initial term to end on December
31, 2011. The other commercial/industrial
plumbing journeyman shall be appointed for an initial term to end on December
31, 2010. The residential plumbing
journeyman shall be appointed for an initial term to end on December 31,
2011. The water conditioning contractor
shall be appointed for an initial term to end on December 31, 2011. The municipal public water supply system
operator or superintendent shall be appointed for an initial term to end on
December 31, 2010. The public member
shall be appointed for a term to end December 31, 2010.
(b)
The licensed professional engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of
their term. All other appointed
members, except for the water conditioning contractor, the public member,
and the municipal public water supply system operator or superintendent, must
possess a current plumbing license issued by the Department of Labor and
Industry and maintain that license for the duration of their term. The water conditioning contractor must be
licensed as a water conditioning contractor by the Department of Labor and
Industry and maintain the license for the duration of the term on the
board. All appointed
members
must be residents of Minnesota at the time of and throughout the member's
appointment. The term of any appointed
member that does not maintain membership qualification status shall end on the
date of the status change and the governor shall appoint a new member. It is the responsibility of the member to
notify the board of the member's status change.
(c)
For appointed members, except the initial terms designated in paragraph (a),
each term shall be three years with the terms ending on December 31. Members appointed by the governor shall be
limited to three consecutive terms. The
governor shall, all or in part, reappoint the current members or appoint
replacement members with the advice and consent of the senate. Midterm vacancies shall be filled for the
remaining portion of the term.
Vacancies occurring with less than six months time remaining in the term
shall be filled for the existing term and the following three-year term. Members may serve until their successors are
appointed but in no case later than July 1 in a year in which the term expires
unless reappointed.
Sec.
20. Minnesota Statutes 2007 Supplement,
section 326.40, subdivision 2, is amended to read:
Subd.
2. Bond;
insurance. Any person contracting
to do plumbing work must give bond to the state in the amount of $25,000 for
all work entered into within the state.
The bond shall be for the benefit of persons injured or suffering
financial loss by reason of failure to comply with the requirements of the
State Plumbing Code. The bond shall be
filed with the commissioner and shall be written by a corporate surety licensed
to do business in the state.
In
addition, each applicant for a master plumber license or restricted master
plumber license, or renewal thereof, shall provide evidence of public
liability insurance, including products liability insurance with limits of at
least $50,000 per person and $100,000 per occurrence and property damage
insurance with limits of at least $10,000.
The insurance shall be written by an insurer licensed to do business in
the state of Minnesota and each licensed master plumber shall maintain on file
with the commissioner a certificate evidencing the insurance providing that the
insurance shall not be canceled without the insurer first giving 15 days
written notice to the commissioner. The
term of the insurance shall be concurrent with the term of the license.
Sec.
21. Minnesota Statutes 2007 Supplement,
section 326.40, subdivision 3, is amended to read:
Subd.
3. Bond
and insurance exemption. If a
master plumber or restricted master plumber who is in compliance with
the bond and insurance requirements of subdivision 2, employs another
master a licensed plumber, the employee master plumber shall
not be required to meet the bond and insurance requirements of subdivision
2. A master plumber An
individual who is an employee working on the maintenance and repair of
plumbing equipment, apparatus, or facilities owned or leased by their
the individual's employer and which is within the limits of property owned
or leased, and operated or maintained by their the individual's
employer, shall not be required to meet the bond and insurance requirements of
subdivision 2.
Sec.
22. Minnesota Statutes 2007 Supplement,
section 326.40, is amended by adding a subdivision to read:
Subd.
6. Exterior
connections. Persons
licensed as manufactured home installers under chapter 327B are not required to
be licensed under sections 326B.42 to 326B.49 when connecting the exterior
building drain sewer outlets to the above ground building sewer system and when
connecting the exterior water line to the above ground water system to the
manufactured home as described in National Manufactured Housing Construction
and Safety Standards Act of 1974, United States Code, title 42, section 5401 et
seq. No additional licensure, bond, or
insurance related to the scope of work permitted under this subdivision may be
required of a licensed manufactured home installer by any unit of government.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
23. Minnesota Statutes 2007 Supplement,
section 326.47, subdivision 2, is amended to read:
Subd.
2. Permissive
municipal regulation. The
commissioner may enter into an agreement with a municipality, in which the
municipality agrees to perform inspections and issue permits for the
construction and installation of high pressure piping systems within the municipality's
geographical area of jurisdiction, if:
(a)
The municipality has adopted:
(1)
the code for power piping systems, Minnesota Rules, parts 5230.0250 to
5230.6200;
(2) an
ordinance that authorizes the municipality to issue permits to persons holding
a high pressure piping business license issued by the department and only for
construction or installation that would, if performed properly, fully comply
with all Minnesota Statutes and Minnesota Rules;
(3) an
ordinance that authorizes the municipality to perform the inspections that are
required under Minnesota Statutes or Minnesota Rules of governing
the construction and installation of high pressure piping systems; and
(4) an
ordinance that authorizes the municipality to enforce the code for power piping
systems in its entirety.
(b)
The municipality agrees to issue permits only to persons holding a high
pressure piping business license as required by law at the time of the permit
issuance, and only for construction or installation that would, if performed
properly, comply with all Minnesota Statutes and Minnesota Rules governing the
construction or installation of high pressure piping systems.
(c)
The municipality agrees to issue permits only on forms approved by the
department.
(d)
The municipality agrees that, for each permit issued by the municipality, the
municipality shall perform one or more inspections of the construction or
installation to determine whether the construction or installation complies
with all Minnesota Statutes and Minnesota Rules governing the construction or
installation of high pressure piping systems, and shall prepare a written
report of each inspection.
(e)
The municipality agrees to notify the commissioner within 24 hours after the
municipality discovers any violation of the licensing laws related to high
pressure piping.
(f)
The municipality agrees to notify the commissioner immediately if the
municipality discovers that any entity has failed to meet a deadline set by the
municipality for correction of a violation of the high pressure piping laws.
(g)
The commissioner determines that the individuals who will conduct the
inspections for the municipality do not have any conflict of interest in
conducting the inspections.
(h)
Individuals who will conduct the inspections for the municipality are permanent
employees of the municipality and are licensed contracting high pressure
pipefitters or licensed journeyman high pressure pipefitters.
(i)
The municipality agrees to notify the commissioner within ten days of any changes
in the names or qualifications of the individuals who conduct the inspections
for the municipality.
(j)
The municipality agrees to enforce in its entirety the code for power piping
systems on all projects.
(k)
The municipality shall not approve any piping installation unless the
installation conforms to all applicable provisions of the high pressure piping
laws in effect at the time of the installation.
(l)
The municipality agrees to promptly require compliance or revoke a permit that
it has issued if there is noncompliance with any of the applicable provisions
of the high pressure piping laws in connection with the work covered by the
permit. The municipality agrees to
revoke the permit if any laws regulating the licensing of pipefitters have been
violated.
(m)
The municipality agrees to keep official records of all documents received,
including permit applications, and of all permits issued, reports of
inspections, and notices issued in connection with inspections.
(n)
The municipality agrees to maintain the records described in paragraph (m) in
the official records of the municipality for the period required for the
retention of public records under section 138.17, and shall make these records
readily available for review according to section 13.37.
(o)
Not later than the tenth day of each month, the municipality shall submit to
the commissioner a report of all high pressure piping permits issued by the
municipality during the preceding month.
This report shall be in a format approved by the commissioner and shall
include:
(1)
the name of the contractor;
(2)
the license number of the contractor's license issued by the commissioner;
(3)
the permit number;
(4)
the address of the job;
(5)
the date the permit was issued;
(6) a
brief description of the work; and
(7)
the amount of the inspection fee.
(p)
Not later than the 31st day of January of each year, the municipality shall
submit a summary report to the commissioner identifying the status of each high
pressure piping project for which the municipality issued a permit during the
preceding year, and the status of high pressure piping projects for which the
municipality issued a permit during a prior year where no final inspection had
occurred by the first day of the preceding year. This summary report shall include:
(1)
the permit number;
(2)
the date of any final inspection; and
(3)
identification of any violation of high pressure piping laws related to work
covered by the permit.
(q)
The municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the code for high pressure
piping systems or any of the ordinances described in paragraph (a), or if the
commissioner determines that the municipality is not properly administering and
enforcing the code for high pressure piping or is otherwise not complying with
the agreement:
(1)
the commissioner may, effective 14 days after the municipality's receipt of
written notice, terminate the agreement and have the administration and
enforcement of the high pressure piping code in the involved municipality
undertaken by the department;
(2)
the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and
(3)
while any challenge under clause (2) is pending, the commissioner may exercise
oversight of the municipality to the extent needed to ensure that high pressure
piping inspections are performed and permits are issued in accordance with the
high pressure piping laws.
(r)
The municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the
commissioner.
(s)
The municipality and the commissioner agree that no municipality shall revoke,
suspend, or place restrictions on any high pressure piping license issued by
the commissioner. If the municipality
identifies during an inspection any violation that may warrant revocation,
suspension, or placement of restrictions on a high pressure piping license
issued by the commissioner, the municipality shall promptly notify the
commissioner of the violation and the commissioner shall determine whether
revocation, suspension, or placement of restrictions on any high pressure
piping license issued by the commissioner is appropriate.
Sec.
24. Minnesota Statutes 2007 Supplement,
section 326.48, subdivision 1, is amended to read:
Subdivision
1. License
required; rules; time credit. No
individual shall engage in or work at the business of a contracting high
pressure pipefitter unless issued an individual a contracting
high pressure pipefitter license to do so by the department under rules adopted
by the board. No license shall be
required for repairs on existing installations. No individual shall engage in or work at the business of
journeyman high pressure pipefitter unless issued an individual a
journeyman high pressure pipefitter competency license to do so by the
department under rules adopted by the board.
A person An individual possessing an individual
a contracting high pressure pipefitter competency license may also work as
a journeyman high pressure pipefitter.
No
person shall construct or install high pressure piping, nor install high
pressure piping in connection with the dealing in and selling of high pressure
pipe material and supplies, unless, at all times, an individual possessing a
contracting high pressure pipefitter individual competency license or a
journeyman high pressure pipefitter individual competency license is
responsible for ensuring that the high pressure pipefitting work is in
conformity with Minnesota Statutes and Minnesota Rules.
The
board shall prescribe rules, not inconsistent herewith, for the examination and
individual competency licensing of contracting high pressure pipefitters
and journeyman high pressure pipefitters and for issuance of permits by the
department and municipalities for the installation of high pressure piping.
An
employee performing the duties of inspector for the department in regulating
pipefitting shall not receive time credit for the inspection duties when making
an application for a license required by this section.
Sec.
25. Minnesota Statutes 2007 Supplement,
section 326.48, subdivision 2, is amended to read:
Subd.
2. High
pressure pipefitting business license.
Before obtaining a permit for high pressure piping work, a person must
obtain or utilize a business with a high pressure piping business license.
A
person must have at all times as a full-time employee at least one individual
holding an individual a contracting high pressure pipefitter
competency license. Only full-time
employees who hold individual contracting high pressure pipefitter
licenses are authorized to obtain high pressure piping permits in the name of
the business. The individual
contracting high pressure pipefitter competency license holder can be the
employee of only one high pressure piping business at a time.
To
retain its business license without reapplication, a person holding a high
pressure piping business license that ceases to employ an individual holding an
individual a contracting high pressure pipefitter competency license
shall have 60 days from the last day of employment of its previous individual
contracting pipefitter competency license holder to employ another license
holder. The department must be notified
no later than five days after the last day of employment of the previous
license holder.
No
high pressure pipefitting work may be performed during any period when the high
pressure pipefitting business does not have an individual a
contracting high pressure pipefitter competency license holder on staff. If a license holder is not employed within
60 days after the last day of employment of the previous license holder, the
pipefitting business license shall lapse.
The
board shall prescribe by rule procedures for application for and issuance of
business licenses.
Sec.
26. Minnesota Statutes 2007 Supplement,
section 326.48, subdivision 2a, is amended to read:
Subd.
2a. Registration requirement.
All unlicensed individuals, other than pipefitter apprentices, must be
registered under subdivision 2b. No
licensed high pressure piping business shall employ an unlicensed individual to
assist in the practical construction and installation of high pressure piping
and appurtenances unless the unlicensed individual is registered with the
department. A pipefitter apprentice or
registered unlicensed individual employed by a high pressure piping business
may assist in the practical construction and installation of high pressure
piping and appurtenances only while under direct supervision of a licensed individual
contracting high pressure pipefitter or licensed journeyman high pressure
pipefitter employed by the same high pressure piping business. The licensed individual contracting
high pressure pipefitter or licensed journeyman high pressure pipefitter shall
supervise no more than two pipefitter apprentices or registered unlicensed
individuals. The licensed individual
contracting high pressure pipefitter or journeyman high pressure pipefitter is
responsible for ensuring that all high pressure piping work performed by the
pipefitter apprentice or registered unlicensed individual complies with
Minnesota Statutes and Minnesota Rules.
The
board shall make recommendations by October 1, 2008, to the chairs of the
standing committees of the senate and house of representatives having
jurisdiction over high pressure piping regulation on the ratio of licensed individual
contracting high pressure pipefitters or licensed journeyman high pressure
pipefitters to pipefitter apprentices or registered unlicensed individuals for
purposes of supervision.
Sec.
27. Minnesota Statutes 2007 Supplement,
section 326.48, subdivision 2b, is amended to read:
Subd.
2b. Registration with commissioner.
An unlicensed individual may register to assist in the practical
construction and installation of high pressure piping and appurtenances while
in the employ of a licensed high pressure piping business by completing and
submitting to the commissioner a registration form provided by the
commissioner. The board of High
Pressure Piping Systems may prescribe rules, not inconsistent with this
section, for the registration of unlicensed individuals.
An
unlicensed individual applying for initial registration shall pay the
department an application fee of $50.
Applications for initial registration may be submitted at any time. Registration must be renewed annually and
shall be valid for one calendar year beginning January 1. Applications for renewal registration must
be submitted to the commissioner before December 31 of each registration period
on forms provided by the commissioner, and must be accompanied by a fee of
$50. There shall be no refund of fees
paid.
Sec.
28. Minnesota Statutes 2007 Supplement,
section 326.48, subdivision 5, is amended to read:
Subd.
5. License
fee. The department shall charge
the following license fees:
(a)
application for journeyman high pressure piping pipefitter competency
license, $120;
(b)
renewal of journeyman high pressure piping pipefitter competency
license, $80;
(c)
application for contracting high pressure piping pipefitter competency
license, $270;
(d)
renewal of contracting high pressure piping pipefitter competency
license, $240;
(e)
application for high pressure piping business license, $450;
(f)
application to inactivate a contracting high pressure piping pipefitter
competency license or inactivate a journeyman high pressure piping
pipefitter competency license, $40; and
(g)
renewal of an inactive contracting high pressure piping pipefitter
competency license or inactive journeyman high pressure piping
pipefitter competency license, $40.
If an application for renewal of an active or inactive
journeyman high pressure piping pipefitter competency license or active
or inactive contracting high pressure piping pipefitter
competency license is received by the department after the date of expiration
of the license, a $30 late renewal fee shall be added to the license renewal
fee.
Payment
must accompany the application for a license or renewal of a license. There shall be no refund of fees paid.
Sec.
29. Minnesota Statutes 2007 Supplement,
section 326.50, is amended to read:
326.50 LICENSE APPLICATION AND RENEWAL.
Application
for an individual a contracting high pressure pipefitter
competency or an individual a journeyman high pressure pipefitter
competency license shall be made to the department, with fees. The applicant shall be licensed only after
passing an examination developed and administered by the department in
accordance with rules adopted by the board.
A competency license issued by the department shall expire on December
31 of each year. A renewal application
must be received by the department within one year after expiration of the competency
license. A license that has been
expired for more than one year cannot be renewed, and can only be reissued if
the applicant submits a new application for the competency license, pays a new
application fee, and retakes and passes the applicable license examination.
Sec.
30. Minnesota Statutes 2007 Supplement,
section 326.505, subdivision 1, is amended to read:
Subdivision
1. Composition. (a) The Board of High Pressure Piping
Systems shall consist of 13 members.
Twelve members shall be appointed by the governor with the advice and
consent of the senate and shall be voting members. Appointments of members by the governor shall be made in
accordance with section 15.066. If the
senate votes to refuse to consent to an appointment of a member made by the
governor, the governor shall appoint a new member with the advice and consent
of the senate. One member shall be the
commissioner of labor and industry or the commissioner of labor and industry's
designee, who shall be a voting member.
Of the 12 appointed members, the composition shall be as follows:
(1)
one member shall be a high pressure piping inspector;
(2)
one member shall be a licensed mechanical engineer;
(3)
one member shall be a representative of the high pressure piping industry;
(4) four
members shall be contracting high pressure piping contractors
pipefitters engaged in the scope business of high pressure
piping, two from the metropolitan area and two from greater Minnesota;
(5)
two members shall be journeyman high pressure piping journeymen
pipefitters engaged in the scope business of high pressure
piping systems installation, one from the metropolitan area and one from
greater Minnesota;
(6)
one member shall be a representative of industrial companies that use high
pressure piping systems in their industrial process;
(7)
one member shall be a representative from utility companies in Minnesota; and
(8)
one member shall be a public member as defined by section 214.02.
The
high pressure piping inspector shall be appointed for a term to end December
31, 2011. The professional mechanical
engineer shall be appointed for a term to end December 31, 2010. The representative of the high pressure
piping industry shall be appointed for a term to end December 31, 2011. Two of the contracting high pressure piping
contractors pipefitters shall be appointed for a term to end
December 31, 2011. The other two contracting
high pressure piping contractors pipefitters shall be
appointed for a term to end December 31, 2010.
One of the journeyman high pressure piping journeymen
pipefitters shall be appointed for a term to end December 31, 2011. The other journeyman high pressure piping
journeyman pipefitter shall be appointed for a term to end December
31, 2010. The one representative of
industrial companies that use high pressure piping systems in their industrial
process shall be appointed for a term to end December 31, 2010. The one representative of a utility company
in Minnesota shall be appointed for a term to end December 31, 2010. The public member shall be appointed for a
term to end December 31, 2010.
(b)
The licensed professional mechanical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of
their term. All other appointed
members, except for the representative of the piping industry, the
representative of industrial companies that use high pressure piping systems, the
public member, and the representative of public utility companies in
Minnesota, must possess a current high pressure piping license issued by the
Department of Labor and Industry and maintain that license for the duration of
their term. All appointed members must
be residents of Minnesota at the time of and throughout the member's
appointment. The term of any appointed
member that does not maintain membership qualification status shall end on the
date of status change and the governor shall appoint a new member. It is the responsibility of the member to
notify the board of the member's status change.
(c)
For appointed members, except the initial terms designated in paragraph (a),
each term shall be three years with the terms ending on December 31. Members appointed by the governor shall be
limited to three consecutive terms. The
governor shall, all or in part, reappoint the current members or appoint
replacement members with the advice and consent of the senate. Midterm vacancies shall be filled for the
remaining portion of the term.
Vacancies occurring with less than six months time remaining in the term
shall be filled for the existing term and the following three-year term. Members may serve until their successors are
appointed but in no case later than July 1 in a year in which the term expires
unless reappointed.
Sec.
31. Minnesota Statutes 2007 Supplement,
section 326.505, subdivision 2, is amended to read:
Subd.
2. Powers;
duties; administrative support. (a)
The board shall have the power to:
(1)
elect its chair, vice-chair, and secretary;
(2)
adopt bylaws that specify the duties of its officers, the meeting dates of the
board, and containing such other provisions as may be useful and necessary for
the efficient conduct of the business of the board;
(3)
adopt the high pressure piping code that must be followed in this state and any
high pressure piping code amendments thereto.
The board shall adopt the high pressure piping code and any amendments
thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs
(b), (c), and (d);
(4)
review requests for final interpretations and issue final interpretations as
provided in section 16B.63, subdivision 5;
(5)
except for rules regulating continuing education, adopt rules that regulate the
licensure or registration of high pressure piping contractors, journeymen, and
other persons engaged in the design, installation, and alteration of high
pressure piping systems, except for those individuals licensed under section
326.02, subdivisions 2 and 3. The board
shall adopt these rules pursuant to chapter 14 and as provided in subdivision 6,
paragraphs (e) and (f);
(6)
advise the commissioner regarding educational requirements for high pressure
piping inspectors;
(7)
refer complaints or other communications to the commissioner, whether oral or
written, as provided in subdivision 7 8 that alleges
allege or implies imply a violation of a statute, rule, or
order that the commissioner has the authority to enforce pertaining to code
compliance, licensure, or an offering to perform or performance of unlicensed
high pressure piping services;
(8) approve
per diem and expenses deemed necessary for its members as provided in
subdivision 3;
(9)
select from its members individuals to serve on any other state advisory
council, board, or committee;
(10)
recommend the fees for licenses and certifications registrations;
and
(11)
approve license reciprocity agreements.
Except
for the powers granted to the Plumbing Board, Board of Electricity, and the
Board of High Pressure Piping Systems, the commissioner of labor and
industry shall administer and enforce the provisions of this chapter and any
rules promulgated pursuant thereto.
(b)
The board shall comply with section 15.0597, subdivisions 2 and 4.
(c)
The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created
pursuant to chapter 326B. The
commissioner shall provide staff support to the board. The support includes professional, legal,
technical, and clerical staff necessary to perform rulemaking and other duties
assigned to the board. The commissioner
of labor and industry shall supply necessary office space and supplies to
assist the board in its duties.
Sec.
32. Minnesota Statutes 2007 Supplement,
section 326.505, subdivision 8, is amended to read:
Subd.
8. Complaints. (a) The board shall promptly forward to the
commissioner the substance of any complaint or communication it receives,
whether written or oral, that alleges or implies a violation of a statute,
rule, or order that the commissioner has the authority to enforce pertaining to
the license or registration of any person authorized by the department to
provide high pressure piping services, the performance or offering to perform
high pressure piping services requiring licensure by an unlicensed person, or
high pressure piping code compliance.
Each complaint or communication that is forwarded to the commissioner
shall be submitted on a form provided by the commissioner.
(b)
The commissioner shall advise the board of the status of the complaint within
90 days after the board's written submission is received, or within 90 days
after the board is provided with a written request for additional information
or documentation from the commissioner or the commissioner's designee,
whichever is later. The commissioner
shall advise the board of the disposition of a complaint referred by the board
within 180 days after the board's written submission is received. The commissioner shall annually report to
the board a summary of the actions taken in response to complaints referred by
the board.
Sec.
33. Minnesota Statutes 2007 Supplement,
section 326.62, is amended to read:
326.62 FEES.
Unless
examination fees have been set by a contract under section 326B.05, Examination fees for both
water conditioning contractors and water conditioning installers shall be $50
for each examination. Each water
conditioning contractor and installer license shall expire on December 31 of
the year for which it was issued. The
license fee for each initial water conditioning contractor's license shall be
$70, except that the license fee shall be $35 if the application is submitted
during the last three months of the calendar year. The license fee for each renewal water conditioning contractor's
license shall be $70. The license fee
for each initial water conditioning installer license shall be $35, except that
the license fee shall be $17.50 if the application is submitted during the last
three months of the calendar year. The
license fee for each renewal water conditioning installer license shall be
$35. The commissioner may by rule
prescribe for the expiration and renewal of licenses. Any licensee who does not renew a license within two years after
the license expires is no longer eligible for renewal. Such an individual must retake and pass the
examination before a new license will be issued. A water conditioning contractor or water conditioning installer
who submits a license renewal application after the time specified in rule but
within two years after the license expired must pay all past due renewal fees
plus a late fee of $25.
Sec.
34. Minnesota Statutes 2007 Supplement,
section 326.84, subdivision 1, is amended to read:
Subdivision
1. Persons
required to be licensed. A person
who meets the definition of a residential building contractor as defined in
section 326.83, subdivision 15, must be licensed as a residential building
contractor by the commissioner. A
person who meets the definition of a residential remodeler as defined in
section 326.83, subdivision 16, must be licensed by the commissioner as a
residential remodeler or residential building contractor. A person who meets the definition of a
residential roofer as defined in section 326.83, subdivision 18, must be licensed
by the commissioner as a residential roofer, residential building contractor,
or residential remodeler. A person who
meets the definition of a manufactured home installer as defined in section
327.31, subdivision 6 11, must be licensed as a manufactured home
installer by the commissioner.
Sec.
35. Minnesota Statutes 2007 Supplement,
section 326.841, is amended to read:
326.841 MANUFACTURED HOME INSTALLERS.
(a)
Manufactured home installers are subject to all of the requirements of sections
326.83 to 326.98, except for the following:
(1)
manufactured home installers are not subject to the continuing education
requirements of section 326.87, but are subject to the continuing education
requirements established in rules adopted under section 327B.10 and must
satisfy the continuing education requirement under section 327B.10 related to
plumbing issues prior to issuance of a license by the commissioner;
(2)
the examination requirement of section 326.89, subdivision 3, for manufactured
home installers shall be satisfied by successful completion of a written
examination administered and developed specifically for the examination of
manufactured home installers. The
examination must be administered and developed by the commissioner. The commissioner and the state building
official shall seek advice on the grading, monitoring, and updating of
examinations from the Minnesota Manufactured Housing Association;
(3) a
local government unit may not place a surcharge on a license fee, and may not
charge a separate fee to installers;
(4) a
dealer or distributor who does not install or repair manufactured homes is
exempt from licensure under sections 326.83 to 326.98;
(5)
the exemption under section 326.84, subdivision 3, clause (5), does not apply;
and
(6)
manufactured home installers are not subject to the contractor recovery fund in
section 326.975.
(b)
The commissioner may waive all or part of the requirements for licensure as a
manufactured home installer for any individual who holds an unexpired license
or certificate issued by any other state or other United States jurisdiction if
the licensing requirements of that jurisdiction meet or exceed the
corresponding licensing requirements of the department.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
36. Minnesota Statutes 2007 Supplement,
section 326.86, subdivision 1, is amended to read:
Subdivision
1. Licensing
fee. The licensing fee for persons
licensed pursuant to sections 326.83 to 326.98, except for manufactured home
installers, is $100 per year. The
licensing fee for manufactured home installers under section 326.841 is $300
for a three-year period.
Sec.
37. Minnesota Statutes 2007 Supplement,
section 326.87, subdivision 5, is amended to read:
Subd.
5. Content. (a) Continuing education consists of
approved courses that impart appropriate and related knowledge in the regulated
industries pursuant to sections 326.83 to 326.98. Courses may include relevant materials that are included in
licensing exams subject to the limitations imposed in paragraph (e). The burden of demonstrating that courses
impart appropriate and related knowledge is upon the person seeking approval or
credit.
(b)
Course examinations will not be required for continuing education courses
unless they are required by the sponsor.
(c)
Textbooks are not required to be used for continuing education courses. If textbooks are not used, the coordinator
must provide students with a syllabus containing, at a minimum, the course
title, the times and dates of the course offering, the names and addresses or
telephone numbers of the course coordinator and instructor, and a detailed
outline of the subject materials to be covered. Any written or printed material given to students must be of
readable quality and contain accurate and current information.
(d)
Upon completion of an approved course, licensees shall earn one hour of
continuing education credit for each hour approved by the commissioner. Each continuing education course must be
attended in its entirety in order to receive credit for the number of approved
hours. Courses may be approved for full
or partial credit, and for more than one regulated industry.
Continuing
education credit in an approved course shall be awarded to presenting
instructors on the basis of one credit for each hour of preparation for the
initial presentation, which may not exceed three hours total credit for each
approved course. Continuing education
credit may not be earned if the licensee has previously obtained credit for the
same course as a licensee or as an instructor within the three years
immediately prior.
(e)
The following courses will not be approved for credit:
(1)
courses designed solely to prepare students for a license examination;
(2)
courses in mechanical office or business skills, including typing, speed
reading, or other machines or equipment.
Computer courses are allowed, if appropriate and related to the
regulated industry of the licensee;
(3)
courses in sales promotion, including meetings held in conjunction with the
general business of the licensee;
(4)
courses in motivation, salesmanship, psychology, time management, or
communication; or
(5)
courses that are primarily intended to impart knowledge of specific products of
specific companies, if the use of the product or products relates to the sales
promotion or marketing of one or more of the products discussed.
EFFECTIVE DATE. This section is effective September 1, 2008.
Sec.
38. Minnesota Statutes 2007 Supplement,
section 326.93, subdivision 4, is amended to read:
Subd.
4. Service
on commissioner. (a) When a person,
including any nonresident of this state, engages in conduct prohibited or made
actionable by sections 326.83 to 326.98, or any rule or order under those
sections, and the person has not consented to service of process under
subdivision 3, that conduct is equivalent to an appointment of the commissioner
and successors in office as the person's agent to receive service of process in
any noncriminal suit, action, or proceeding against the person that is based on
that conduct and is brought under sections 326.83 to 326.98, or any rule or
order under those sections, with the same force and validity as if served
personally on the person consenting to the appointment of the commissioner and
successors in office. Service under
this section shall be made in compliance with subdivision 5.
(b)
Subdivision 5 applies in all other cases in which a person, including a
nonresident of this state, has filed a consent to service of process. This paragraph supersedes any inconsistent
provision of law.
(c)
Subdivision 5 applies in all cases in which service of process is allowed to be
made on the commissioner.
(d)
Subdivision 5 applies to any document served by the commissioner or the
department under section 326B.08.
Sec.
39. Minnesota Statutes 2007 Supplement,
section 326.94, subdivision 2, is amended to read:
Subd.
2. Insurance. Licensees must have public liability
insurance with limits of at least $300,000 per occurrence, which must include
at least $10,000 property damage coverage. Each licensee shall have and
maintain in effect commercial general liability insurance, which includes
premises and operations insurance and products and completed operations
insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate
limit for bodily injury, and property damage insurance with limits of at least
$25,000 or a policy with a single limit for bodily injury and property damage
of $300,000 per occurrence and $300,000 aggregate limits. The insurance must be written by an
insurer licensed to do business in this state.
Each licensee shall maintain on file with the commissioner a
certificate evidencing the insurance which provides that the insurance shall
not be canceled without the insurer first giving 15 days' written notice of
cancellation to the commissioner. The
commissioner may increase the minimum amount of insurance required for any
licensee or class of licensees if the commissioner considers it to be in the
public interest and necessary to protect the interests of Minnesota consumers.
EFFECTIVE DATE. This section is effective August 1, 2008.
Sec.
40. Minnesota Statutes 2007 Supplement,
section 326.97, subdivision 1a, is amended to read:
Subd.
1a. Annual renewal. Any license
issued or renewed after August 1, 1993, must be renewed annually except for
a manufactured home installer's license which shall have a renewal period of
three years, effective for all renewals and new licenses issued after December
31, 2008.
Sec.
41. Minnesota Statutes 2007 Supplement,
section 326B.082, subdivision 8, is amended to read:
Subd.
8. Hearings
related to administrative orders.
(a) Within 30 days after the commissioner issues an administrative order
or within 20 days after the commissioner issues the notice under section 326B.083,
subdivision 3, paragraph (b), clause (3), the person to whom the administrative
order or notice is issued may request an expedited hearing to review the
commissioner's order or notice. The
request for hearing must be in writing and must be served on or faxed to the
commissioner at the address or fax number specified in the order or
notice. If the person does not request
a hearing or if the person's written request for hearing is not served on or
faxed to the commissioner by the 30th day after the commissioner issues the
administrative order or the 20th day after the commissioner issues the notice
under section 326B.083, subdivision 3, paragraph (b), clause (3), the order
will become a final order of the commissioner and will not be subject to review
by any court or agency. The date on
which a request for hearing is served by mail shall be the postmark date on the
envelope in which the request for hearing is mailed. The hearing request must specifically state the reasons for
seeking review of the order or notice.
The person to whom the order or notice is issued and the commissioner
are the parties to the expedited hearing.
The commissioner must notify the person to whom the order or notice is
issued of the time and place of the hearing at least 15 days before the
hearing. The expedited hearing must be
held within 45 days after a request for hearing has been served on
received by the commissioner unless the parties agree to a later date.
(b) Parties
may submit written arguments if permitted by the administrative law judge. All written arguments must be submitted
within ten days following the close completion of the hearing
or the receipt of any late-filed exhibits that the parties and the
administrative law judge have agreed should be received into the record,
whichever is later. The hearing
shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as
modified by this subdivision. The
Office of Administrative Hearings may, in consultation with the agency, adopt
rules specifically applicable to cases under this section.
(c)
The administrative law judge shall issue a report making findings of fact,
conclusions of law, and a recommended order to the commissioner within 30 days
following the close of the record completion of the hearing, the
receipt of late-filed exhibits, or the submission of written arguments,
whichever is later.
(d) If
the administrative law judge makes a finding that the hearing was requested
solely for purposes of delay or that the hearing request was frivolous, the
commissioner may add to the amount of the penalty the costs charged to the
department by the Office of Administrative Hearings for the hearing.
(e) If
a hearing has been held, the commissioner shall not issue a final order until
at least five days after the date of the administrative law judge's
report. Any person aggrieved by the
administrative law judge's report may, within those five days, serve written
comments to the commissioner on the report and the commissioner shall consider
and enter the comments in the record. The commissioner's final order shall comply with sections
14.61, subdivision 2, and 14.62, subdivisions 1 and 2, may be appealed in
the manner provided in sections 14.63 to 14.69.
Sec.
42. Minnesota Statutes 2007 Supplement,
section 326B.082, subdivision 10, is amended to read:
Subd.
10. Stop orders. (a) If the
commissioner determines based on an inspection or investigation that a person
has violated or is about to violate the applicable law, the commissioner may
issue to the person a stop order requiring the person to cease and desist from
committing the violation.
(b) If
the commissioner determines that a condition exists on real property that
violates the applicable law, the commissioner may issue a stop order to the
owner or lessee of the real property to cease and desist from committing the
violation and to correct the condition that is in violation.
(c)
The commissioner shall issue the stop work order by:
(1)
serving the order on the person who has committed or is about to commit the
violation;
(2)
posting the order at the location where the violation was committed or is about
to be committed or at the location where the violating condition exists; or
(3)
serving the order on any owner or lessee of the real property where the
violating condition exists.
(d) A
stop order shall:
(1)
describe the act, conduct, or practice committed or about to be committed, or
the condition, and include a reference to the applicable law that the act,
conduct, practice, or condition violates or would violate; and
(2) provide notice that any person aggrieved by the stop
order may request a hearing as provided in paragraph (e).
(e)
Within 30 days after the commissioner issues a stop order, any person aggrieved
by the order may request an expedited hearing to review the commissioner's
action. The request for hearing must be
made in writing and must be served on or faxed to the commissioner at the
address or fax number specified in the order.
If the person does not request a hearing or if the person's written
request for hearing is not served on or faxed to the commissioner on or before
the 30th day after the commissioner issued the stop order, the order will
become a final order of the commissioner and will not be subject to review by
any court or agency. The date on which
a request for hearing is served by mail is the postmark date on the envelope in
which the request for hearing is mailed.
The hearing request must specifically state the reasons for seeking
review of the order. The person who requested
the hearing and the commissioner are the parties to the expedited hearing. The hearing shall be commenced within ten
days after the commissioner receives the request for hearing. The hearing shall be conducted under
Minnesota Rules, parts
1400.8510
to 1400.8612, as modified by this subdivision.
The administrative law judge shall issue a report containing findings of
fact, conclusions of law, and a recommended order within ten days after the conclusion
completion of the hearing, the receipt of late-filed exhibits, or the
submission of written arguments, whichever is later. Any party aggrieved by the administrative
law judge's report shall have five days after the date of the administrative
law judge's report to submit written exceptions and argument to the
commissioner that the commissioner shall consider and enter in the record. Within 15 days after receiving the
administrative law judge's report, the commissioner shall issue an order
vacating, modifying, or making permanent the stop order. The commissioner and the person requesting
the hearing may by agreement lengthen any time periods described in this
paragraph. The Office of Administrative
Hearings may, in consultation with the agency, adopt rules specifically
applicable to cases under this subdivision.
(f) A
stop order issued under this subdivision shall be in effect until it is
modified or vacated by the commissioner or an appellate court. The administrative hearing provided by this
subdivision and any appellate judicial review as provided in chapter 14 shall
constitute the exclusive remedy for any person aggrieved by a stop order.
(g)
Upon the application of the commissioner, a district court shall find the
failure of any person to comply with a final stop order lawfully issued by the
commissioner under this subdivision as a contempt of court.
Sec.
43. Minnesota Statutes 2007 Supplement,
section 326B.082, subdivision 11, is amended to read:
Subd.
11. Licensing orders; grounds; reapplication. (a) The commissioner may deny an application for a permit,
license, registration, or certificate if the applicant does not meet or fails
to maintain the minimum qualifications for holding the permit, license,
registration, or certificate, or has any unresolved violations or unpaid fees
or monetary penalties related to the activity for which the permit, license,
registration, or certificate has been applied for or was issued.
(b)
The commissioner may deny, suspend, limit, place conditions on, or revoke a
person's permit, license, registration, or certificate, or censure the person
holding the permit, license, registration, or certificate, if the commissioner
finds that the person:
(1)
committed one or more violations of the applicable law;
(2)
submitted false or misleading information to the state in connection with
activities for which the permit, license, registration, or certificate was
issued, or in connection with the application for the permit, license,
registration, or certificate;
(3)
allowed the alteration or use of the person's own permit, license,
registration, or certificate by another person;
(4)
within the previous five years, was convicted of a crime in connection with
activities for which the permit, license, registration, or certificate was
issued;
(5)
violated a final administrative order issued under subdivision 7 or a final
stop order issued under subdivision 10, or injunctive relief issued under
subdivision 9;
(6)
failed to cooperate with a commissioner's request to give testimony, to produce
documents, things, apparatus, devices, equipment, or materials, or to access
property under subdivision 2;
(7)
retaliated in any manner against any employee or person who is questioned by,
cooperates with, or provides information to the commissioner or an employee or
agent authorized by the commissioner who seeks access to property or things
under subdivision 2;
(8)
engaged in any fraudulent, deceptive, or dishonest act or practice; or
(9)
performed work in connection with the permit, license, registration, or
certificate or conducted the person's affairs in a manner that demonstrates
incompetence, untrustworthiness, or financial irresponsibility.
(c) If
the commissioner revokes or denies a person's permit, license,
registration, or certificate under paragraph (b), the person is prohibited from
reapplying for the same type of permit, license, registration, or certificate
for at least two years after the effective date of the revocation or denial. The commissioner may, as a condition of
reapplication, require the person to obtain a bond or comply with additional
reasonable conditions the commissioner considers necessary to protect the
public.
(d) If
a permit, license, registration, or certificate expires, or is surrendered,
withdrawn, or terminated, or otherwise becomes ineffective, the commissioner
may institute a proceeding under this subdivision within two years after the
permit, license, registration, or certificate was last effective and enter a
revocation or suspension order as of the last date on which the permit,
license, registration, or certificate was in effect.
Sec.
44. Minnesota Statutes 2007 Supplement,
section 326B.082, subdivision 12, is amended to read:
Subd.
12. Issuance of licensing orders; hearings related to licensing
orders. (a) If the commissioner
determines that a permit, license, registration, or certificate should be
conditioned, limited, suspended, revoked, or denied under subdivision 11, or
that the permit holder, licensee, registrant, or certificate holder should be
censured under subdivision 11, then the commissioner shall issue to the person
an order denying, conditioning, limiting, suspending, or revoking the person's
permit, license, registration, or certificate, or censuring the permit holder,
licensee, registrant, or certificate holder.
(b)
Any order issued under paragraph (a) may include an assessment of monetary
penalties and may require the person to cease and desist from committing the
violation or committing the act, conduct, or practice set out in subdivision
11, paragraph (b). The monetary penalty
may be up to $10,000 for each violation or act, conduct, or practice committed
by the person. The procedures in
section 326B.083 must be followed when issuing orders under paragraph (a).
(c)
The permit holder, licensee, registrant, certificate holder, or applicant to
whom the commissioner issues an order under paragraph (a) shall have 30 days
after service of the order to request a hearing. The request for hearing must be in writing and must be served on
or faxed to the commissioner at the address or fax number specified in the
order by the 30th day after service of the order. If the person does not request a hearing or if the person's
written request for hearing is not served on or faxed to the commissioner by
the 30th day after service of the order, the order shall become a final order
of the commissioner and will not be subject to review by any court or
agency. The date on which a request for
hearing is served by mail shall be the postmark date on the envelope in which
the request for hearing is mailed. If
the person submits to the commissioner a timely request for hearing, the
order is stayed unless the commissioner summarily suspends the license,
registration, certificate, or permit under subdivision 13, and a contested
case hearing shall be held in accordance with chapter 14.
(d)
Paragraph (c) does not apply to summary suspension under subdivision 13.
Sec.
45. Minnesota Statutes 2007 Supplement,
section 326B.082, subdivision 13, is amended to read:
Subd.
13. Summary suspension. In any
case where the commissioner has issued an order to revoke, or
suspend, or deny a license, registration, certificate, or permit under subdivision
subdivisions 11, paragraph (b), and 12, the commissioner may summarily
suspend the person's permit, license, registration, or certificate before the
order becomes final. The commissioner
shall issue a summary suspension order when the safety of life or property is
threatened or to prevent the commission of fraudulent, deceptive,
untrustworthy, or dishonest acts against the
public. The summary suspension shall not affect the
deadline for submitting a request for hearing under subdivision 12. If the commissioner summarily suspends a
person's permit, license, registration, or certificate, a timely request for
hearing submitted under subdivision 12 shall also be considered a timely
request for hearing on continuation of the summary suspension. If the commissioner summarily suspends a
person's permit, license, registration, or certificate under this subdivision
and the person submits a timely request for a hearing, then a hearing on
continuation of the summary suspension must be held within ten days after the
commissioner receives the request for hearing unless the parties agree to a
later date.
Sec.
46. Minnesota Statutes 2007 Supplement,
section 326B.083, subdivision 3, is amended to read:
Subd.
3. Penalty. (a) If an administrative order includes a
penalty assessment, then the penalty is due and payable on the date the
administrative order becomes final unless some or all of the penalty is
forgivable. If a licensing order
includes a penalty assessment, then the penalty is due and payable on the date
the licensing order becomes final.
(b)
This paragraph applies if an administrative order includes a penalty assessment
and all or a portion of the penalty is forgivable.
(1) If
any portion of the penalty is not forgivable, that portion of the penalty is
due and payable ten days after the date the administrative order becomes final.
(2)
The commissioner shall forgive the forgivable portion of the penalty if the
commissioner determines that the violation has been corrected within the time
set by the order or the person to whom the order was issued has developed a
correction plan acceptable to the commissioner within the time set by the
order.
(3) If
the commissioner determines that the person to whom the order was issued has
failed to correct the violation within the time set by the order or has failed
to develop a correction plan acceptable to the commissioner within the time set
by the order, then the forgivable portion of the penalty is due and payable ten
20 days after the commissioner serves notice of the determination on the
person or on the date the administrative order becomes final, whichever is
later.
(c)
This paragraph applies if an administrative order or a licensing order includes
a penalty assessment and if the person subject to the order has requested a
hearing. The administrative law judge
may not recommend a change in the amount of the penalty if the penalty was
assessed in accordance with a plan prepared under section 326B.082, subdivision
14. If the commissioner has not
prepared a plan under section 326B.082, subdivision 14, then the administrative
law judge may not recommend a change in the amount of the penalty unless the
administrative law judge determines that, based on the factors in section
14.045, subdivision 3, the amount of the penalty is unreasonable.
(d)
The assessment of a penalty does not preclude the use of other enforcement
provisions, under which penalties are not assessed, in connection with the
violation for which the penalty was assessed.
Sec.
47. Minnesota Statutes 2007 Supplement,
section 326B.42, is amended by adding a subdivision to read:
Subd.
7. Plumber's
apprentice. A "plumber's
apprentice" is any individual, other than a master, restricted master,
journeyman, or restricted journeyman plumber who, as a principal occupation, is
engaged in working as an employee of a plumbing contractor under the direct
supervision of a master, restricted master, journeyman, or restricted
journeyman plumber and is learning and assisting in the installation of
plumbing.
Sec.
48. Minnesota Statutes 2007 Supplement,
section 326B.89, subdivision 5, is amended to read:
Subd.
5. Payment
limitations. Except as otherwise
provided in this section, the commissioner shall not pay compensation from the
fund to an owner or a lessee in an amount greater than $75,000. Except as otherwise provided in this
section, the commissioner shall not pay compensation from the fund to owners
and lessees in an amount that totals more than $150,000 per licensee. The commissioner shall not pay compensation
from the fund for a final judgment based on a cause of action that arose before
the commissioner's receipt of the licensee's fee required by subdivision
3. The commissioner shall only pay
compensation from the fund for a final judgment that is based on a contract
directly between the licensee and the homeowner or lessee that was entered into
prior to the cause of action and that requires licensure as a residential
building contractor or residential remodeler.
Sec.
49. Minnesota Statutes 2007 Supplement,
section 326B.89, subdivision 6, is amended to read:
Subd.
6. Verified
application. To be eligible for
compensation from the fund, an owner or lessee shall serve on the commissioner
a verified application for compensation on a form approved by the
commissioner. The application shall
verify the following information:
(1)
the specific grounds upon which the owner or lessee seeks to recover from the
fund:
(2)
that the owner or the lessee has obtained a final judgment in a court of
competent jurisdiction against a licensee licensed under section 326B.803;
(3)
that the final judgment was obtained against the licensee on the grounds of
fraudulent, deceptive, or dishonest practices, conversion of funds, or failure
of performance that arose directly out of a transaction contract
directly between the licensee and the homeowner or lessee that was entered into
prior to the cause of action and that occurred when the licensee was
licensed and performing any of the special skills enumerated under section
326B.802, subdivision 19;
(4)
the amount of the owner's or the lessee's actual and direct out-of-pocket loss
on the owner's residential real estate, on residential real estate leased by
the lessee, or on new residential real estate that has never been occupied or
that was occupied by the licensee for less than one year prior to purchase by
the owner;
(5)
that the residential real estate is located in Minnesota;
(6)
that the owner or the lessee is not the spouse of the licensee or the personal
representative of the licensee;
(7)
the amount of the final judgment, any amount paid in satisfaction of the final
judgment, and the amount owing on the final judgment as of the date of the
verified application; and
(8)
that the owner or lessee has diligently pursued remedies against all the
judgment debtors and all other persons liable to the judgment debtor in the
contract for which the owner or lessee seeks recovery from the fund; and
(8) (9) that the verified
application is being served within two years after the judgment became final.
The
owner's and the lessee's actual and direct out-of-pocket loss shall not include
attorney fees, litigation costs or fees, interest on the loss, and
interest on the final judgment obtained as a result of the loss. Any amount paid in satisfaction of the
final judgment shall be applied to the owner's or lessee's actual and direct
out-of-pocket loss. An owner or
lessee may serve a verified application regardless of whether the final
judgment has been discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings on the
judgment have either been pursued and concluded or been forgone, including all
reviews and appeals. For purposes of
this section, owners who are
joint
tenants or tenants in common are deemed to be a single owner. For purposes of this section, owners and
lessees eligible for payment of compensation from the fund shall not include
government agencies, political subdivisions, financial institutions, and any
other entity that purchases, guarantees, or insures a loan secured by real
estate.
Sec.
50. Minnesota Statutes 2007 Supplement,
section 326B.89, subdivision 12, is amended to read:
Subd.
12. Limitation. Notwithstanding
subdivision 5, nothing may obligate the fund to compensate for
claims brought by:
(1)
insurers or sureties under subrogation or similar theories; or
(2) an
owner owners of residential property for final judgments against
a prior owner of the residential property where the contracting activity
complained of was the result of a contract entered into with a prior owner, unless
the claim is brought and judgment is rendered for breach of the statutory
warranty set forth in chapter 327A.
Sec.
51. Minnesota Statutes 2007 Supplement,
section 326B.89, subdivision 14, is amended to read:
Subd.
14. Accelerated compensation.
(a) Payments made from the fund to compensate owners and lessees that do
not exceed the jurisdiction limits for conciliation court matters as specified
in section 491A.01 may be paid on an accelerated basis if all of the following
requirements in paragraphs (b) and (c) have been satisfied.
(b)
The owner or the lessee has served upon the commissioner a verified application
for compensation that complies with the requirements set out in subdivision 6
and the commissioner determines based on review of the application that
compensation should be paid from the fund.
The commissioner shall calculate the actual and direct out-of-pocket
loss in the transaction, minus attorney fees, litigation costs or fees,
interest on the loss and on the judgment obtained as a result of the loss, and
any satisfaction of the judgment, and make payment to the owner or the lessee
up to the conciliation court jurisdiction limits within 15 45
days after the owner or lessee serves the verified application.
(c)
The commissioner may pay compensation to owners or lessees that totals not more
than $50,000 per licensee per fiscal year under this accelerated process. The commissioner may prorate the amount of
compensation paid to owners or lessees under this subdivision if applications
submitted by owners and lessees seek compensation in excess of $50,000 against a
licensee. Any unpaid portion of a
verified application that has been prorated under this subdivision shall be
satisfied in the manner set forth in subdivision 9.
Sec.
52. Minnesota Statutes 2006, section
327.32, subdivision 1, is amended to read:
Subdivision
1. Requirement. No person shall sell, or offer for sale, in
this state, any manufactured home manufactured after July 1, 1972, manufacture
any manufactured home in this state or park install for occupancy
any manufactured home manufactured after July 1, 1972, in any manufactured home
park in this state unless the manufactured home complies with the Manufactured
Home Building Code and:
(a)
Bears a seal issued by the commissioner, and is, whenever possible, accompanied
by a certificate by the manufacturer or dealer, both evidencing that it
complies with the Manufactured Home Building Code; or
(b) If
manufactured after June 14, 1976, bears a label as required by the secretary.
Sec.
53. Minnesota Statutes 2006, section
327.33, is amended by adding a subdivision to read:
Subd.
2a. Construction
seal fees. Replacement
manufactured home or accessory structure construction seal fees, including
certificates, are $30 per seal.
Sec.
54. Minnesota Statutes 2006, section
327.33, is amended by adding a subdivision to read:
Subd.
2b. Installation
seal fees. Manufactured home
installation seal fees, including anchoring and support and including
certificates, are $80.
Sec.
55. Minnesota Statutes 2006, section
327.33, is amended by adding a subdivision to read:
Subd.
2c. Temporary
installation certificate fees. A
temporary certificate fee is $2 per certificate.
Sec.
56. Minnesota Statutes 2006, section
327.33, is amended by adding a subdivision to read:
Subd.
2d. Label
fee. The United States
Department of Housing and Urban Development label fee shall be paid by the
manufacturer to the secretary.
Sec.
57. Minnesota Statutes 2006, section
327.33, is amended by adding a subdivision to read:
Subd.
2e. Seal
order shipping and handling fee.
The shipping and handling fee for each order of seals is the current
postage rate plus a $3 handling fee.
Sec.
58. Minnesota Statutes 2006, section
327A.04, subdivision 2, is amended to read:
Subd.
2. Modification. At any time after a contract for the sale of
a dwelling is entered into by and between a vendor and a vendee or a contract
for home improvement work is entered into by and between a home improvement
contractor and an owner, any of the statutory warranties provided for in
section 327A.02 may be excluded or modified only by a written instrument,
printed in boldface type of a minimum size of ten points, which is signed by
the vendee or the owner and which sets forth in detail the warranty involved,
the consent of the vendee or the owner, and the terms of the new agreement
contained in the writing. No exclusion
or modification shall be effective unless the vendor or the home improvement
contractor provides substitute express warranties offering substantially the same
protections to the vendee or the owner as the statutory warranties set forth in
section 327A.02. Any modification or
exclusion agreed to by vendee and vendor or the owner and home improvement
contractor pursuant to this subdivision shall not require the approval of the
commissioner of administration labor and industry pursuant to
section 327A.07.
Sec.
59. Minnesota Statutes 2006, section
327A.07, is amended to read:
327A.07 VARIATIONS.
The
commissioner of administration labor and industry may approve
pursuant to sections 14.05 to 14.28, variations from the provisions of sections
327A.02 and 327A.03 if the warranty program of the vendor or the home
improvement contractor requesting the variation offers at least substantially
the same protections to the vendee or owner as provided by the statutory
warranties set forth in section 327A.02.
Sec.
60. Minnesota Statutes 2007 Supplement,
section 327B.04, subdivision 4, is amended to read:
Subd.
4. License
prerequisites. No application shall
be granted nor license issued until the applicant proves to the commissioner
that:
(a)
the applicant has a permanent, established place of business at each licensed
location. An "established place of
business" means a permanent enclosed building other than a residence, or a
commercial office space, either owned by the applicant or leased by the
applicant for a term of at least one year, located in an area where zoning
regulations allow commercial activity, and where the books, records and files
necessary to conduct the business are kept and maintained. The owner of a licensed manufactured home
park who resides in or adjacent to the park may use the residence as the
established place of business required by this subdivision, unless prohibited
by local zoning ordinance.
If a
license is granted, the licensee may use unimproved lots and premises for sale,
storage, and display of manufactured homes, if the licensee first notifies the
commissioner in writing;
(b) if the applicant desires to sell, solicit or
advertise the sale of new manufactured homes, it has a bona fide contract or
franchise in effect with a manufacturer or distributor of the new manufactured
home it proposes to deal in;
(c)
the applicant has secured: (1) a surety
bond in the amount of $20,000 for the each agency and each
subagency location that bears the applicant's name and the name under which the
applicant will be licensed and do business in this state. Each bond is for the protection of consumer
customers, and must be executed by the applicant as principal and issued by a
surety company admitted to do business in this state. Each bond shall be exclusively for the purpose of reimbursing
consumer customers and shall be conditioned upon the faithful compliance by the
applicant with all of the laws and rules of this state pertaining to the applicant's
business as a dealer or manufacturer, including sections 325D.44, 325F.67 and
325F.69, and upon the applicant's faithful performance of all its legal
obligations to consumer customers; and (2) a certificate of liability insurance
in the amount of $1,000,000 that provides aggregate coverage for the
agency and each subagency location;
(d)
the applicant has established a trust account as required by section 327B.08,
subdivision 3, unless the applicant states in writing its intention to limit
its business to selling, offering for sale, soliciting or advertising the sale
of new manufactured homes; and
(e)
the applicant has provided evidence of having had at least two years' prior
experience in the sale of manufactured homes, working for a licensed dealer.
Sec.
61. Minnesota Statutes 2006, section
327B.06, subdivision 1, is amended to read:
Subdivision
1. Retention. A dealer shall retain for three
five years copies of all listings, deposit receipts, credit applications,
contracts, disclosure forms, canceled checks, trust account records and other
documents reasonably related to carrying on the business of a dealer. The retention period shall run from the date
of the closing of the transaction or from the date of the listing if the
transaction is not consummated.
Sec.
62. Laws 2007, chapter 140, article 4,
section 12, is amended to read:
Sec.
12. Minnesota Statutes 2006, section
16B.65, is amended to read:
16B.65 BUILDING OFFICIALS.
Subdivision
1. Designation. Each municipality shall designate a building
official to administer the code. A
municipality may designate no more than one building official responsible for
code administration defined by each certification category established in rule. Two or more municipalities may combine in the
designation of a building official for the purpose of administering the
provisions of the code within their communities. In those municipalities for which no building officials have been
designated, the state building official may use whichever state employees are
necessary to perform the duties of the building official until the municipality
makes a temporary or permanent designation.
All costs incurred by virtue of these services rendered by state
employees must be borne by the involved municipality and receipts arising from
these services must be paid to the commissioner.
Subd.
2. Qualifications. A building official, to be eligible for
designation, must be certified and have the experience in design, construction,
and supervision which the commissioner deems necessary and must be generally
informed on the quality and strength of building materials, accepted building
construction requirements, and the nature of equipment and needs conducive to
the safety, comfort, and convenience of building occupants. No person may be designated as a building
official for a municipality unless the commissioner determines that the
official is qualified as provided in subdivision 3.
Subd.
3. Certification. The commissioner shall by rule establish
certification criteria as proof of qualification pursuant to subdivision
2. The commissioner may:
(1)
develop and administer written and practical examinations to determine if a
person is qualified pursuant to subdivision 2 to be a building official;
(2)
accept documentation of successful completion of testing programs developed and
administered by nationally recognized testing agencies, as proof of
qualification pursuant to subdivision 2; or
(3)
determine qualifications by satisfactory completion of clause (2) and a
mandatory training program developed or approved by the commissioner.
Upon a
determination of qualification under clause (1), (2), or (3), the commissioner
shall issue a certificate to the building official stating that the official is
certified. Each person applying for
examination and certification pursuant to this section shall pay a
nonrefundable fee of $70. The
commissioner or a designee may establish categories of certification that will
recognize the varying complexities of code enforcement in the municipalities
within the state. The commissioner
shall provide educational programs designed to train and assist building
officials in carrying out their responsibilities.
Subd.
4. Duties. Building officials shall, in the
municipality for which they are designated, be responsible for all aspects of
code administration for which they are certified, including the issuance of all
building permits and the inspection of all manufactured home
installations. The commissioner may
direct a municipality with a building official to perform services for another
municipality, and in that event the municipality being served shall pay the
municipality rendering the services the reasonable costs of the services. The costs may be subject to approval by the
commissioner.
Subd.
5. Oversight
committee. (a) The
commissioner shall establish a Code Administration Oversight Committee that
will, at the commissioner's request, recommend to the commissioner appropriate
action pursuant to section 326B.82, in response to information received or
obtained by the commissioner that supports a finding that: (1) an individual has engaged in, or is
about to engage in, the unauthorized performance of the duties of a certified
building official or the unauthorized use of the certified building official
title; or (2) a certified building official has violated a statute, rule,
stipulation, agreement, settlement, compliance agreement, cease and desist
agreement, or order that the commissioner has adopted, issued, or has the
authority to enforce and that is related to the duties of a certified building
official.
(b)
The committee shall consist of six members.
One member shall be the commissioner's designee and five members shall
be certified building officials who are appointed by the commissioner. At least two of the appointed certified
building officials must be from nonmetropolitan counties. For the committee members who are not state
officials or employees, their compensation and removal from the oversight
committee is governed by section 15.059.
The commissioner's designee shall serve as the chair of the oversight
committee and shall not vote. The terms
of the appointed members of the oversight committee shall be four years. The terms of three of the appointed members
shall be coterminous with the governor and the terms of the remaining two
appointed members shall end on the first Monday in January one year after the
terms of the other appointed members expire.
An appointed member may be reappointed.
The committee is not subject to the expiration provisions of section
15.059, subdivision 5.
(c)
If the commissioner determines that an individual has engaged in the
unauthorized performance of the duties of a certified building official or the
unauthorized use of the certified building official title, or that a certified
building official has violated a statute, rule, stipulation, agreement,
settlement, compliance agreement, cease and desist agreement, or order that the
commissioner has adopted, issued, or is authorized to enforce that is related
to the duties of a certified building official, the commissioner may take
administrative actions against the individual pursuant to section 326B.082,
subdivisions 7 and 11.
Subd.
5b. Grounds. In addition to the
grounds set forth in section 326B.082, subdivision 11, the commissioner may
deny, suspend, limit, place conditions on, or revoke a certificate, or may
censure an applicant or individual holding a certificate, if the applicant or
individual:
(1)
violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
sections; or
(2)
engages in fraud, deceit, or misrepresentation while performing the duties of a
certified building official.
Nothing
in this subdivision limits or otherwise affects the authority of a municipality
to dismiss or suspend a building official at its discretion, except as
otherwise provided for by law.
Subd.
5c. Action against unlicensed persons.
The commissioner may take any administrative action provided under
section 326B.082, against an individual required to be certified under
subdivision 3, based upon conduct that would provide grounds for action against
a certificate holder under this section.
Subd.
6. Vacancies. In the event that a designated building
official position is vacant within a municipality, that municipality shall
designate a certified building official to fill the vacancy as soon as
possible. The commissioner must be
notified of any vacancy or designation in writing within 15 days. If the municipality fails to designate a
certified building official within 15 days of the occurrence of the vacancy,
the state building official may provide state employees to serve that function
as provided in subdivision 1 until the municipality makes a temporary or
permanent designation. Municipalities
must not issue permits without a designated certified building official.
Subd.
7. Continuing
education. Subject to sections
16B.59 to 16B.75, the commissioner may by rule establish or approve continuing
education programs for certified building officials dealing with matters of
building code administration, inspection, and enforcement.
Each
person certified as a building official for the state must satisfactorily
complete applicable educational programs established or approved by the
commissioner to retain certification.
Subd.
8. Renewal. (a) Subject to sections 16B.59 to 16B.76,
the commissioner of labor and industry may by rule adopt standards dealing with
renewal requirements.
(b) If
the commissioner has not issued a notice of denial of application for a
certificate holder and if the certificate holder has properly and timely filed
a fully completed renewal application, then the certificate holder may continue
to engage in building official activities whether or not the renewed
certificate has been received.
Applications must be made on a form approved by the commissioner. Each application for renewal must be fully
completed, and be accompanied by proof of the satisfactory completion of
minimum continuing education requirements and the certification renewal fee
established by the commissioner.
Applications are timely if received prior to the expiration of the most
recently issued certificate. An
application for renewal that does not contain all of the information requested
is an incomplete application and will not be accepted.
Subd.
9. Expiration. All certificates expire at 11:59:59 p.m.
central time on the date of expiration if not properly renewed in accordance
with subdivision 8, paragraph (b).
Subd.
10. Failure to renew. An
individual who has failed to make a timely application for renewal of a
certificate is not certified and must not serve as the designated building
official for any municipality until a renewed certificate has been issued by
the commissioner.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
63. REVISOR'S INSTRUCTION.
(a)
The revisor of statutes shall renumber each section of Minnesota Statutes
listed in column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
Column A Column
B
16B.655 326B.135
326.01,
subdivision 4a 326B.31,
subdivision 4a
326.01,
subdivision 4b 326B.31,
subdivision 4b
326.01,
subdivision 4c 326B.31,
subdivision 4c
326.01,
subdivision 4d 326B.31,
subdivision 4d
326.01,
subdivision 4e 326B.31,
subdivision 4e
326.01,
subdivision 7 326B.42,
subdivision 5
326.01,
subdivision 8 326B.42,
subdivision 6
326.3705 326B.435
326.371 326B.439
326.401 326B.474
326.402 326B.475
326.505 326B.925
(b) Notwithstanding the repeal of Minnesota Statutes 2006, section
16B.76, in Laws 2007, chapter 133, article 2, section 13, the revisor shall
give effect to the revisor's instruction in Laws 2007, chapter 140, article 4,
section 61, to renumber Minnesota Statutes, section 16B.76, as section 326B.07,
by including the language of Minnesota Statutes, section 16B.76, as amended by
Laws 2007, chapter 140, article 4, section 27, in Minnesota Statutes, section
326B.07.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 64. REPEALER.
Minnesota Statutes 2006, section 16B.69; Minnesota Statutes 2007
Supplement, sections 326.2411; 326.372; and 326.471; Laws 2007, chapter 9,
section 1; Laws 2007, chapter 135, article 4, sections 2; 8; Laws 2007, chapter
135, article 6, section 3; Laws 2007, chapter 140, article 12, section 9; and
Minnesota Rules, part 3800.3510, are repealed."
Delete the title and insert:
"A bill for an act relating to construction professions; modifying
provisions relating to the electrical, plumbing, water conditioning, boiler,
and high-pressure piping professions; amending Minnesota Statutes 2006,
sections 299F.011, subdivision 3; 326.244, subdivision 1; 327.32, subdivision
1; 327.33, by adding subdivisions; 327A.04, subdivision 2; 327A.07; 327B.06,
subdivision 1; Minnesota Statutes 2007 Supplement, sections 16B.64, subdivision
8; 183.60, subdivision 2; 326.01, subdivisions 4b, 5; 326.2415, subdivisions 2,
6; 326.242, subdivisions 2, 3d, 5, 12, by adding subdivisions; 326.244,
subdivision 5; 326.37, subdivision 1a; 326.3705, subdivision 1; 326.40,
subdivisions 2, 3, by adding a subdivision; 326.47, subdivision 2; 326.48,
subdivisions 1, 2, 2a, 2b, 5; 326.50;
326.505, subdivisions 1, 2, 8; 326.62; 326.84, subdivision 1; 326.841;
326.86, subdivision 1; 326.87, subdivision 5; 326.93, subdivision 4; 326.94,
subdivision 2; 326.97, subdivision 1a; 326B.082, subdivisions 8, 10, 11, 12,
13; 326B.083, subdivision 3; 326B.42, by adding a subdivision; 326B.89,
subdivisions 5, 6, 12, 14; 327B.04, subdivision 4; Laws 2007, chapter 140,
article 4, section 12; repealing Minnesota Statutes 2006, section 16B.69;
Minnesota Statutes 2007 Supplement, sections 326.2411; 326.372; 326.471; Laws
2007, chapter 9, section 1; Laws 2007, chapter 135, article 4, sections 2; 8;
article 6, section 3; Laws 2007, chapter 140, article 12, section 9; Minnesota
Rules, part 3800.3510."
With the recommendation that when so amended the bill pass and be
re-referred to the Committee on Governmental Operations, Reform, Technology and
Elections.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 3089, A bill for an act relating to motor vehicles; allowing use of
temporary permit while awaiting delivery of license plates; amending Minnesota
Statutes 2006, section 168.09, subdivision 7.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3114, A bill for an act relating to park districts; providing that a park
district may acquire property within a city in accordance with the adopted
comprehensive plan of the city; amending Minnesota Statutes 2006, section
398.09.
Reported
the same back with the following amendments:
Page
2, line 10, strike "an incorporated" and insert "a"
and after "statutory" insert "or home rule charter"
and strike "or city" and strike "such" and insert "the"
Page
2, line 11, strike "statutory city or"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3143, A bill for an act relating to state government finance; allowing an
individual income and corporate franchise credit for investment in Minnesota
high technology businesses; reducing an appropriation; amending Minnesota
Statutes 2006, section 290.06, by adding a subdivision.
Reported
the same back with the following amendments:
Page
3, delete section 2
Amend
the title as follows:
Page
1, line 4, delete "reducing an appropriation;"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Taxes.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3167, A bill for an act relating to human services; clarifying senior
nutrition appropriations; amending Laws 2007, chapter 147, article 19, section
3, subdivision 8.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3220, A bill for an act relating to local government; authorizing political
subdivisions to make grants to nonprofit organizations; proposing coding for
new law in Minnesota Statutes, chapter 471.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins from the Committee on
Commerce and Labor to which was referred:
H. F. No. 3224, A bill for
an act relating to boiler operations; making changes to licensing procedures;
authorizing rulemaking; amending Minnesota Statutes 2006, section 183.545,
subdivision 4; Minnesota Statutes 2007 Supplement, sections 183.501; 183.51.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"Section 1. Minnesota Statutes 2006, section 183.411,
subdivision 3, is amended to read:
Subd. 3. Licenses. A license to operate steam farm traction
engines, portable and stationary show engines, and portable and
stationary show boilers shall be issued to an applicant who:
(1) is 18 16 years
of age or older;
(2) has a licensed second
class grade A or higher class engineer or steam traction (hobby)
engineer sign the an affidavit attesting to the applicant's
competence in operating said these devices and that the
applicant has demonstrated the ability to perform each task on the list,
approved by the chief boiler inspector, of tasks associated with the operation
of the devices;
(3) has at least 50 hours
of operating experience on the devices, eight hours of which must be operating
the boiler under load, and up to 16 hours of which may be satisfied by
attendance at a school of instruction in operating the devices;
(4) passes a written test for
competence in operating said the devices; and
(4) has at least 25 hours of
actual operating experience on said devices; and
(5) pays the required fee.
A license shall be is
valid for the lifetime of the licensee unless revoked for cause. A onetime fee pursuant to section 183.545,
subdivision 4, shall be charged for the license.
Sec. 2. Minnesota Statutes 2007 Supplement, section
183.501, is amended to read:
183.501 LICENSE REQUIREMENT.
(a) No individual shall
be entrusted with the operation of or Except as provided in paragraph
(d), to operate any a boiler, steam engine, or turbine who
has not an individual must have received a license of for
the grade covering that boiler, steam engine or turbine. The license shall must be
renewed annually, except as provided in section 183.411 and except for
provisional licenses described in paragraph (d).
(b) For purposes of this
chapter, "operation" shall does not include monitoring
of an automatic boiler, either through on premises inspection of the boiler or
by remote electronic surveillance, provided that no operations are performed
upon the boiler other than emergency shut down in alarm situations.
(c) No individual under the
influence of illegal drugs or alcohol shall be entrusted with the operation
of or shall may operate any a boiler, steam engine, or
turbine, or shall be entrusted with the monitoring of or shall
monitor an automatic boiler.
(d) The commissioner may
issue a provisional license to allow an employee of a high pressure boiler
plant to operate boilers greater than 500 horsepower at only that boiler plant
if:
(1) the boiler plant
employee submits an application to the commissioner on a form prescribed by the
commissioner to elicit information on whether the requirements of this
paragraph have been met;
(2) the boiler plant
employee holds a valid license as a second-class engineer, Grade A or B;
(3) the boiler plant has a
designated chief engineer in accordance with Minnesota Rules, part 5225.0410;
(4) the boiler plant
employee applying for the provisional license, the chief engineer in charge of
the boiler plant, and an authorized representative of the owner of the boiler
plant all sign the application for the provisional license;
(5) the owner of the boiler
plant has a documented training program with examination for boilers and
equipment at the boiler plant to train and test the boiler plant employee; and
(6) if the application were
to be granted, the total number of provisional licenses for employees of the
boiler plant would not exceed the total number of properly licensed first-class
engineers and chief engineers responsible for the safe operation of the boilers
at the boiler plant.
(e) Each provisional license
expires 36 months after the date of issuance unless revoked less than 36 months
after the date of issuance. A
provisional license may not be renewed.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2007 Supplement, section
183.51, is amended to read:
183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
Subdivision 1. Engineers,
classes. Engineers shall be divided
into four classes:
(1) Chief engineers; Grade
A, Grade B, and Grade C.
(2) First class engineers;
Grade A, Grade B, and Grade C.
(3) Second class engineers;
Grade A, Grade B, and Grade C.
(4) Special engineers.
Subd. 2. Applications. Any individual who desires an engineer's
license shall submit an application on a written or electronic form prescribed
by the commissioner, at least 15 days before the requested exam date. The application permits If the
commissioner approves the applicant for examination, the applicant to
may take the examination on one occasion within one year from the date the
commissioner receives the application.
Subd. 2a. Examinations. Each applicant for a license must pass an
examination developed and administered by the commissioner. The examinations shall be of sufficient scope
to establish the competency of the applicant to operate a boiler of the
applicable license class and grade.
Subd. 2b. Continuing education. The commissioner may require continuing
education prior to the renewal of any license.
Before requiring continuing education, the commissioner shall adopt
rules that specify the continuing education requirements.
Subd. 3. High
and low pressure boilers. For the
purposes of this section and section 183.50, high pressure boilers shall mean
boilers operating at a steam or other vapor pressure in excess of 15 p.s.i.g.,
or a water or other liquid boiler in which the pressure exceeds 160 p.s.i.g. or
a temperature of 250 degrees Fahrenheit.
Low pressure boilers shall
mean boilers operating at a steam or other vapor pressure of 15 p.s.i.g. or
less, or a water or other liquid boiler in which the pressure does not exceed
160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
Subd. 4. Chief
engineer, Grade A. An individual
seeking licensure as a chief engineer, Grade A, shall be at least 18 years of
age and have experience which verifies that the individual is competent to take
charge of and be responsible for the safe operation and maintenance of all
classes of boilers, steam engines, and turbines and their appurtenances; and,
before receiving a license, the applicant shall take and subscribe an oath
attesting to at least five years actual experience in operating such boilers
except as provided in subdivision 16, including at least two years
experience in operating such engines or turbines except as provided in
subdivision 16.
Subd. 5. Chief
engineer, Grade B. An individual
seeking licensure as a chief engineer, Grade B, shall be at least 18 years of
age and have habits and experience which justify the belief that the individual
is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers and their appurtenances; and, before
receiving a license, the applicant shall take and subscribe an oath attesting
to at least five years actual experience in operating those boilers except
as provided in subdivision 16.
Subd. 6. Chief
engineer, Grade C. An individual
seeking licensure as a chief engineer, Grade C, shall be at least 18 years of
age and have habits and experience which justify the belief that the individual
is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of low pressure boilers and their appurtenances, and
before receiving a license, the applicant shall take and subscribe an oath
attesting to at least five years of actual experience in operating such boilers
except as provided in subdivision 16.
Subd. 7. First-class
engineer, Grade A. An individual
seeking licensure as a first-class engineer, Grade A, shall be at least 18
years of age and have experience which verifies that the individual is
competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers, engines, and turbines and their
appurtenances of not more than 300 500 horsepower or to operate
as a shift engineer in a plant of unlimited horsepower. Before receiving a license, the applicant
shall take and subscribe an oath attesting to at least three years actual
experience in operating such boilers, including at least two years experience
in operating such engines or turbines except as provided in subdivision 16.
Subd. 8. First-class
engineer, Grade B. An individual
seeking licensure as a first-class engineer, Grade B, shall be at least 18
years of age and have habits and experience which justify the belief that the
individual is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of boilers of not more than 300
500 horsepower or to operate as a shift engineer in a plant of unlimited
horsepower. Before receiving a license
the applicant shall take and subscribe an oath attesting to at least three
years actual experience in operating such boilers except as provided in
subdivision 16.
Subd. 9. First-class
engineer, Grade C. An individual
seeking licensure as a first-class engineer, Grade C, shall be at least 18
years of age and have habits and experience which justify the belief that the
individual is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of low pressure boilers and their
appurtenances of not more than 300 500 horsepower or to operate
as a shift engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the applicant shall
take and subscribe an oath attesting to at least three years actual experience
in operating such boilers except as provided in subdivision 16.
Subd. 10. Second-class
engineer, Grade A. An individual
seeking licensure as a second-class engineer, Grade A, shall be at least 18
years of age and have experience which verifies that the individual is
competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers, engines, and turbines and their
appurtenances of not more than 100 horsepower or to operate as a shift engineer
in a plant of not more than 300 500 horsepower, or to assist the
shift engineer, under direct supervision, in a plant of unlimited
horsepower. Before receiving a license
the applicant shall take and subscribe an oath attesting to at least one year
of actual experience in operating such boilers, including at least one year of
experience in operating such engines or turbines except as provided in
subdivision 16.
Subd. 11. Second-class
engineer, Grade B. An individual
seeking licensure as a second-class engineer, Grade B, shall be at least 18
years of age and have habits and experience which justify the belief that the
individual is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of boilers of not more than 100
horsepower or to operate as a shift engineer in a plant of not more than 300
500 horsepower or to assist the shift engineer, under direct supervision,
in a plant of unlimited horsepower.
Before receiving a license the applicant shall take and subscribe an
oath attesting to at least one year of actual experience in operating such
boilers except as provided in subdivision 16.
Subd. 12. Second-class
engineer, Grade C. An individual seeking
licensure as a second-class engineer, Grade C, shall be at least 18 years of
age and have habits and experience which justify the belief that the individual
is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of low pressure boilers and their appurtenances of
not more than 100 horsepower or to operate as a shift engineer in a low
pressure plant of not more than 300 500 horsepower, or to assist
the shift engineer, under direct supervision, in a low pressure plant of
unlimited horsepower. Before receiving
a license, the applicant shall take and subscribe an oath attesting to at least
one year of actual experience in operating such boilers except as provided
in subdivision 16.
Subd. 13. Special
engineer. (a) An individual
seeking licensure as a special engineer shall be at least 18 years of age and
have habits and experience which justify the belief that the individual is
competent to take charge of and be responsible for the safe operation and maintenance
of all classes of boilers and their appurtenances of not more than 30
50 horsepower or to operate as a shift engineer in a plant of not more than
100 horsepower, or to serve as an apprentice in any plant under the direct
supervision of the properly licensed engineer.
(b) An individual seeking
licensure as a special engineer who is at least 16 years of age but less than
18 years of age must be enrolled in a course approved by the commissioner, and
have habits and experience which justify the belief that the individual is
competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers and their appurtenances of not more than
50 horsepower or to operate as a shift engineer in a plant of not more than 100
horsepower, or to serve as an apprentice in any plant under the direct
supervision of the properly licensed engineer.
Subd. 14. Current
boiler operators. Any individual
operating a boiler other than a steam boiler on or before April 15, 1982, shall
be qualified for application for the applicable class license upon presentation
of an affidavit furnished by an inspector and sworn to by the individual's
employer or a chief engineer. Except
as provided in subdivision 16, the applicant must have at least the number
of years of actual experience specified for the class of license requested and
pass the appropriate examination.
Subd. 15. Rating
horsepower. For the purpose of
rating boiler horsepower for engineer license classifications only: ten square
feet of heating surface shall be considered equivalent to one boiler horsepower
for conventional boilers and five square feet of heating surface equivalent to
one boiler horsepower for steam coil type generators.
Subd. 16. Educational offset. Notwithstanding the experience
requirements in subdivisions 4 to 14, the commissioner may by rule establish
educational equivalencies that an applicant may meet instead of all or any
portion of the specified operating experience.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2006, section 183.545,
subdivision 4, is amended to read:
Subd.
4. Boiler
engineer license fees. For the
following licenses, the nonrefundable license and application fee is:
(1) chief engineer's
license, $50;
(2) first class engineer's
license, $50;
(3) second class engineer's
license, $50;
(4) special engineer's
license, $20; and
(5) traction or hobby boiler
engineer's license, $50; and
(6) provisional license, $50.
An engineer's license,
except a provisional license, may be renewed upon application and payment
of an annual renewal fee of $20. The
annual renewal, if paid later than 30 days after expiration, is $35. The fee for replacement of a current, valid
license is $20.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act
relating to boiler operations; making changes to licensing procedures;
authorizing rulemaking; amending Minnesota Statutes 2006, sections 183.411,
subdivision 3; 183.545, subdivision 4; Minnesota Statutes 2007 Supplement,
sections 183.501; 183.51."
With the recommendation that
when so amended the bill pass and be re-referred to the Committee on
Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3295, A bill for an act relating to economic development; clarifying
conflict of interest rules for local economic development authorities;
providing criminal penalties; amending Minnesota Statutes 2006, section
469.098.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Public Safety and Civil Justice.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3333, A bill for an act relating to health; establishing a standard of
protection for the risk of cancer and requiring modification of rules;
proposing coding for new law in Minnesota Statutes, chapter 144.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [144.673]
CANCER RISK ASSESSMENT.
Subdivision
1. Definitions. (a) For purposes of this section, the
following terms have the meanings given them.
(b)
"Known carcinogen" means a substance categorized as a known human
carcinogen by at least one of the following agencies: United States Environmental Protection Agency; United States
Department of Health and Human Services, National Toxicology Program; or World
Health Organization International Agency for Research on Cancer.
(c)
"Probable carcinogen" means a substance categorized as a probable
human carcinogen or a likely human carcinogen by at least one of the following
agencies: United States Environmental
Protection Agency; United States Department of Health and Human Services,
National Toxicology Program; or World Health Organization International Agency
for Research on Cancer.
Subd.
2. Risk
level. The commissioner of
health shall assess the risk of human cancer from known and probable
carcinogens in the air, water, or soil using the following formula: a lifetime risk level of 10-6, so
that no more than one out of every 1,000,000 people exposed to a substance or
chemical over a lifetime would be estimated to develop cancer from that
exposure.
Subd.
3. Implementation. The risk level established in this
section shall apply to permits and licenses issued on or after August 1,
2009. Any permits or licenses issued
prior to August 1, 2009, that are affected by this section, shall remain valid
until the permit or license is renewed, revised, or reissued.
EFFECTIVE DATE. This section is effective August 1, 2008."
Delete
the title and insert:
"A
bill for an act relating to health; establishing a standard of protection for
the risk of cancer; proposing coding for new law in Minnesota Statutes, chapter
144."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Environment and Natural Resources.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3346, A bill for an act relating to housing; providing assistance to prevent
mortgage foreclosure; increasing the maximum amount of financial assistance;
amending Minnesota Statutes 2006, section 462A.209, subdivision 7.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3380, A bill for an act relating to human services; revising requirements
for county-based purchasing for state health care programs; amending Minnesota
Statutes 2007 Supplement, section 256B.69, subdivision 4; Laws 2005, First
Special Session chapter 4, article 8, section 84, as amended.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
13.461, is amended by adding a subdivision to read:
Subd.
24a. Managed
care plans. Data provided to
the commissioner of human services by managed care plans relating to contracts
and provider payment rates are classified under section 256B.69, subdivision
9b.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 256B.69, subdivision 4, is amended to read:
Subd.
4. Limitation
of choice. (a) The commissioner
shall develop criteria to determine when limitation of choice may be
implemented in the experimental counties.
The criteria shall ensure that all eligible individuals in the county
have continuing access to the full range of medical assistance services as
specified in subdivision 6.
(b)
The commissioner shall exempt the following persons from participation in the
project, in addition to those who do not meet the criteria for limitation of
choice:
(1)
persons eligible for medical assistance according to section 256B.055,
subdivision 1;
(2)
persons eligible for medical assistance due to blindness or disability as
determined by the Social Security Administration or the state medical review
team, unless:
(i)
they are 65 years of age or older; or
(ii)
they reside in Itasca County or they reside in a county in which the
commissioner conducts a pilot project under a waiver granted pursuant to
section 1115 of the Social Security Act;
(3)
recipients who currently have private coverage through a health maintenance
organization;
(4)
recipients who are eligible for medical assistance by spending down excess
income for medical expenses other than the nursing facility per diem expense;
(5)
recipients who receive benefits under the Refugee Assistance Program,
established under United States Code, title 8, section 1522(e);
(6)
children who are both determined to be severely emotionally disturbed and
receiving case management services according to section 256B.0625, subdivision
20, except children who are eligible for and who decline enrollment in an
approved preferred integrated network under section 245.4682;
(7)
adults who are both determined to be seriously and persistently mentally ill
and received case management services according to section 256B.0625,
subdivision 20;
(8)
persons eligible for medical assistance according to section 256B.057,
subdivision 10; and
(9) persons with access to cost-effective
employer-sponsored private health insurance or persons enrolled in a
non-Medicare individual health plan determined to be cost-effective according
to section 256B.0625, subdivision 15.
Children under age 21 who
are in foster placement may enroll in the project on an elective basis. Individuals excluded under clauses (1), (6),
and (7) may choose to enroll on an elective basis. The commissioner may enroll recipients in the prepaid medical
assistance program for seniors who are (1) age 65 and over, and (2) eligible
for medical assistance by spending down excess income.
(c)
The commissioner may allow persons with a one-month spenddown who are otherwise
eligible to enroll to voluntarily enroll or remain enrolled, if they elect to
prepay their monthly spenddown to the state.
(d)
The commissioner may require those individuals to enroll in the prepaid medical
assistance program who otherwise would have been excluded under paragraph (b),
clauses (1), (3), and (8), and under Minnesota Rules, part 9500.1452, subpart
2, items H, K, and L.
(e)
Before limitation of choice is implemented, eligible individuals shall be
notified and after notification, shall be allowed to choose only among
demonstration providers. The
commissioner may assign an individual with private coverage through a health
maintenance organization, to the same health maintenance organization for
medical assistance coverage, if the health maintenance organization is under
contract for medical assistance in the individual's county of residence. After initially choosing a provider, the
recipient is allowed to change that choice only at specified times as allowed
by the commissioner. If a demonstration
provider ends participation in the project for any reason, a recipient enrolled
with that provider must select a new provider but may change providers without
cause once more within the first 60 days after enrollment with the second
provider.
(f) An
infant born to a woman who is eligible for and receiving medical assistance and
who is enrolled in the prepaid medical assistance program shall be
retroactively enrolled to the month of birth in the same managed care plan as
the mother once the child is enrolled in medical assistance unless the child is
determined to be excluded from enrollment in a prepaid plan under this section.
(g)
The commissioner shall assign an eligible individual, in the absence of a
specific managed care plan choice by the individual, to the county-based
purchasing health plan in counties having an approved county-based purchasing
health plan.
Sec.
3. Minnesota Statutes 2006, section
256B.69, subdivision 5a, is amended to read:
Subd.
5a. Managed care contracts. (a)
Managed care contracts under this section and sections 256L.12 and 256D.03,
shall be entered into or renewed on a calendar year basis beginning January 1,
1996. Managed care contracts which were
in effect on June 30, 1995, and set to renew on July 1, 1995, shall be renewed
for the period July 1, 1995 through December 31, 1995 at the same terms that
were in effect on June 30, 1995. The
commissioner may issue separate contracts with requirements specific to
services to medical assistance recipients age 65 and older.
(b) A
prepaid health plan providing covered health services for eligible persons
pursuant to chapters 256B, 256D, and 256L, is responsible for complying with
the terms of its contract with the commissioner. Requirements applicable to managed care programs under chapters
256B, 256D, and 256L, established after the effective date of a contract with
the commissioner take effect when the contract is next issued or renewed.
(c)
Effective for services rendered on or after January 1, 2003, the commissioner
shall withhold five percent of managed care plan payments under this section
for the prepaid medical assistance and general assistance medical care programs
pending completion of performance targets.
Each performance target must be quantifiable, objective, measurable, and
reasonably attainable, except in the case of a performance target based on a
federal or state law or rule. Criteria
for assessment of each performance target must be outlined in writing prior to
the contract effective date. The
managed care plan must demonstrate, to the commissioner's satisfaction, that
the data submitted regarding attainment of the performance target is
accurate. The commissioner shall
periodically change the administrative measures used as performance targets in
order to improve plan performance across a broader range of administrative
services. The performance targets must
include measurement of plan efforts to contain spending on health care services
and administrative activities. The
commissioner may adopt plan-specific performance targets that take into account
factors affecting only one plan, including characteristics of the plan's
enrollee population. The withheld
funds must be returned no sooner than July of the following year if performance
targets in the contract are achieved.
The commissioner may exclude special demonstration projects under
subdivision 23. A managed care plan or
a county-based purchasing plan under section 256B.692 may include as admitted
assets under section 62D.044 any amount withheld under this paragraph that is
reasonably expected to be returned.
Sec.
4. Minnesota Statutes 2006, section
256B.69, is amended by adding a subdivision to read:
Subd.
5i. Administrative
expenses. (a) Managed care
plan and county-based purchasing plan administrative costs for a prepaid health
plan provided under this section or section 256B.692 must not exceed by more
than five percent that prepaid health plan's or county-based purchasing plan's
actual calculated administrative spending for the previous calendar year as a
percentage of total revenue. The
penalty for exceeding this limit must be the amount of administrative spending
in excess of 105 percent of the actual calculated amount. The commissioner may waive this penalty if
the excess administrative spending is the result of unexpected shifts in enrollment
or member needs or new program requirements.
(b)
Capitated rate payments for administrative costs must be reduced to exclude
onetime or sporadic expenditures in the prior year unless the managed care plan
certifies that the expenditure will recur during the contract year. The commissioner shall verify these
certifications on an annual basis and recoup any payments made for onetime or
sporadic expenditures that did not occur in the prior year.
(c)
Expenses listed under section 62D.12, subdivision 9a, clause (4), are not
allowable administrative expenses for rate-setting purposes under this section,
unless approved by the commissioner.
Sec.
5. Minnesota Statutes 2006, section
256B.69, is amended by adding a subdivision to read:
Subd.
5j. Treatment
of investment earnings. Capitation
rates shall treat investment income and interest earnings as income to the same
extent that investment-related expenses are treated as administrative
expenditures.
Sec.
6. Minnesota Statutes 2006, section
256B.69, is amended by adding a subdivision to read:
Subd.
9a. Administrative
expense reporting. Each
managed care plan and county-based purchasing plan must provide to the
commissioner detailed information on administrative spending, including:
(1)
itemized lists of costs for claims processing and provider network management;
(2)
detailed reports of costs for contracts with providers and third-party
administrators;
(3)
a detailed analysis of administrative spending for each Minnesota health care
program;
(4)
a detailed analysis of the provider's allocation of administrative expenses
among its public and commercial lines of business;
(5)
a detailed analysis of administrative costs by service category; and
(6)
a detailed analysis of onetime and sporadic expenditures included in the
administrative spending category.
Sec.
7. Minnesota Statutes 2006, section
256B.69, is amended by adding a subdivision to read:
Subd.
9b. Reporting
of subcontracts and provider payment rates. (a) Each managed care plan and county-based purchasing plan
must provide to the commissioner:
(1)
detailed information on contracts with health care providers; and
(2)
detailed information on reimbursement rates paid by the managed care plan to
providers under contract with the plan.
(b)
Data provided to the commissioner under this subdivision are nonpublic data as
defined in section 13.02.
Sec.
8. Minnesota Statutes 2006, section
256B.692, subdivision 2, is amended to read:
Subd.
2. Duties
of commissioner of health. (a)
Notwithstanding chapters 62D and 62N, a county that elects to purchase medical
assistance and general assistance medical care in return for a fixed sum
without regard to the frequency or extent of services furnished to any
particular enrollee is not required to obtain a certificate of authority under
chapter 62D or 62N. The county board of
commissioners is the governing body of a county-based purchasing program. In a multicounty arrangement, the governing
body is a joint powers board established under section 471.59.
(b) A
county that elects to purchase medical assistance and general assistance
medical care services under this section must satisfy the commissioner of
health that the requirements for assurance of consumer protection, provider
protection, and, effective January 1, 2010, fiscal solvency of chapter
62D, applicable to health maintenance organizations, or chapter 62N,
applicable to community integrated service networks, will be met.
according to the following schedule:
(1)
for a county-based purchasing plan approved on or before June 30, 2008, the
plan must have in reserve:
(i)
at least 50 percent of the minimum amount required under chapter 62D as of
January 1, 2010;
(ii)
at least 75 percent of the minimum amount required under chapter 62D as of
January 1, 2011;
(iii)
at least 87.5 percent of the minimum amount required under chapter 62D as of
January 1, 2012; and
(iv)
at least 100 percent of the minimum amount required under chapter 62D as of
January 1, 2013; and
(2)
for a county-based purchasing plan first approved after June 30, 2008, the plan
must have in reserve:
(i)
at least 50 percent of the minimum amount required under chapter 62D at the
time the plan begins enrolling enrollees;
(ii)
at least 75 percent of the minimum amount required under chapter 62D after the
first full calendar year;
(iii)
at least 87.5 percent of the minimum amount required under chapter 62D after
the second full calendar year; and
(iv)
at least 100 percent of the minimum amount required under chapter 62D after the
third full calendar year.
(c) Until
a plan is required to have reserves equaling at least 100 percent of the
minimum amount required under chapter 62D, the plan may demonstrate its ability
to cover any losses by satisfying the requirements of chapter 62N. A county county-based
purchasing plan must also assure the commissioner of health that the
requirements of sections 62J.041; 62J.48; 62J.71 to 62J.73; 62M.01 to 62M.16;
all applicable provisions of chapter 62Q, including sections 62Q.075; 62Q.1055;
62Q.106; 62Q.12; 62Q.135; 62Q.14; 62Q.145; 62Q.19; 62Q.23, paragraph (c);
62Q.43; 62Q.47; 62Q.50; 62Q.52 to 62Q.56; 62Q.58; 62Q.68 to 62Q.72; and 72A.201
will be met.
(d)
All enforcement and rulemaking powers available under chapters 62D, 62J, 62M,
62N, and 62Q are hereby granted to the commissioner of health with respect to
counties that purchase medical assistance and general assistance medical care
services under this section.
(e)
The commissioner, in consultation with county government, shall develop administrative
and financial reporting requirements for county-based purchasing programs
relating to sections 62D.041, 62D.042, 62D.045, 62D.08, 62N.28, 62N.29, and
62N.31, and other sections as necessary, that are specific to county
administrative, accounting, and reporting systems and consistent with other
statutory requirements of counties.
Sec.
9. Minnesota Statutes 2006, section
256B.692, is amended by adding a subdivision to read:
Subd.
4a. Expenditure
of revenues. (a) A county
that has elected to participate in a county-based purchasing plan under this
section shall use any excess revenues over expenses that are received by the
county and are not needed for capital reserves under subdivision 2, to increase
payments to providers, or to repay county investments or contributions to the
county-based purchasing plan, for prevention, early intervention, and health
care programs, services, or activities.
(b)
A county-based purchasing plan under this section is subject to the
unreasonable expense provisions of section 62D.19.
Sec.
10. Minnesota Statutes 2006, section
256L.12, subdivision 9, is amended to read:
Subd.
9. Rate
setting; performance withholds. (a)
Rates will be prospective, per capita, where possible. The commissioner may allow health plans to
arrange for inpatient hospital services on a risk or nonrisk basis. The commissioner shall consult with an
independent actuary to determine appropriate rates.
(b)
For services rendered on or after January 1, 2003, to December 31, 2003, the
commissioner shall withhold .5 percent of managed care plan payments under this
section pending completion of performance targets. The withheld funds must be returned no sooner than July 1 and no
later than July 31 of the following year if performance targets in the contract
are achieved. A managed care plan may
include as admitted assets under section 62D.044 any amount withheld under this
paragraph that is reasonably expected to be returned.
(c)
For services rendered on or after January 1, 2004, the commissioner shall
withhold five percent of managed care plan payments under this section pending
completion of performance targets. Each
performance target must be quantifiable, objective, measurable, and reasonably
attainable, except in the case of a performance target based on a federal or
state law or rule. Criteria for
assessment of each performance target must be outlined in writing prior to the
contract effective date. The managed
care plan must demonstrate, to the commissioner's satisfaction, that the data
submitted regarding attainment of the performance target is accurate. The commissioner shall periodically change
the administrative measures used as performance targets in order to improve
plan performance across a broader range of administrative services. The performance targets must include
measurement of plan efforts to contain spending on health care services and
administrative activities. The
commissioner may adopt plan-specific performance targets that take into account
factors affecting only one plan, such as characteristics of the plan's enrollee
population. The withheld funds must
be returned no sooner than July 1 and no later than July 31 of the following
calendar year if performance targets in the contract are achieved. A managed care plan or a county-based
purchasing plan under section 256B.692 may include as admitted assets under
section 62D.044 any amount withheld under this paragraph that is reasonably
expected to be returned.
Sec.
11. Laws 2005, First Special Session
chapter 4, article 8, section 84, as amended by Laws 2006, chapter 264, section
15, is amended to read:
Sec.
84. SOLE-SOURCE OR SINGLE-PLAN MANAGED CARE CONTRACT.
(a)
Notwithstanding
Minnesota Statutes, section 256B.692, subdivision 6, clause (1), paragraph (c),
the commissioner of human services shall approve a county-based purchasing
health plan proposal, submitted on behalf of Cass, Crow Wing, Morrison, Todd,
and Wadena Counties, that requires county-based purchasing on a single-plan
basis
contract if the implementation of the single-plan purchasing proposal does not
limit an enrollee's provider choice or access to services and all other
requirements applicable to health plan purchasing are satisfied. The commissioner shall continue, until
January 1, 2010, single health plan purchasing arrangements with
county-based purchasing entities in the service areas in existence on May 1,
2006, including arrangements for which a proposal was submitted by May 1, 2006,
on behalf of Cass, Crow Wing, Morrison, Todd, and Wadena Counties, in response
to a request for proposals issued by the commissioner.
(b)
Notwithstanding Minnesota Statutes, section 256B.692, subdivision 6, clause
(1), paragraph (c), the commissioner of human services shall approve a
county-based purchasing health plan proposal submitted on behalf of Winona,
Houston, Fillmore, and Mower Counties for medical assistance, MinnesotaCare,
general assistance medical care, and other prepaid health care programs
administered by the commissioner of human services that requires county-based
purchasing in a single-plan basis contract if the implementation of the
single-plan purchasing proposal does not limit an enrollee's provider choice or
access to services, and all other requirements applicable to health plan
purchasing are satisfied.
(c)
The commissioner shall reopen all counties for competitive reprocurement every
five years, beginning 2011.
(d)
The
commissioner shall consider, and may approve, contracting on a single-health
plan basis with county-based purchasing plans, or with other qualified health
plans that have coordination arrangements with counties, to serve persons with
a disability who voluntarily enroll, in order to promote better coordination or
integration of health care services, social services and other community-based
services, provided that all requirements applicable to health plan purchasing,
including those in Minnesota Statutes, section 256B.69, subdivision 23, are
satisfied. By January 15, 2007, the
commissioner shall report to the chairs of the appropriate legislative
committees in the house and senate an analysis of the advantages and
disadvantages of using single-health plan purchasing to serve persons with a
disability who are eligible for health care programs. The report shall include consideration of the impact of federal
health care programs and policies for persons who are eligible for both federal
and state health care programs and shall consider strategies to improve
coordination between federal and state health care programs for those persons.
Sec.
12. REPORT ON FINANCIAL MANAGEMENT OF HEALTH CARE PROGRAMS.
The
commissioner of human services shall report to the legislature under Minnesota
Statutes, section 3.195, by January 15, 2009, with the following information
regarding financial management of health care programs:
(1)
a status report on implementation of the cost containment strategies identified
in the 2005 "Strategies for Savings" report. The report must include:
(i)
information on progress made towards implementation of cost-saving strategies;
(ii)
an explanation of why certain strategies were not implemented; and
(iii)
where appropriate, alternative strategies to those recommended in 2005 for
containing public health care program costs;
(2)
a description of and, to the extent possible, an explanation of recent
differences between the health plan net revenue targets established by the
commissioner for health plans participating in public health care programs and
the actual net revenue realized by the plans from public programs;
(3)
the adequacy of public health care program for fee-for-service rates, including
an identification of service areas or geographical regions where enrollees have
difficulty accessing providers as the result of inadequate provider payments. This report must include recommendations to
increase rates as needed to eliminate identified access problems; and
(4)
a progress report on implementation of Minnesota Statutes, section 256B.76,
paragraph (e), requiring payments for physician and professional services to be
based on Medicare relative value units, and an estimated completion date for
implementation of this payment system.
Sec.
13. HEALTH PLAN AND COUNTY-BASED PURCHASING PLAN REQUIREMENTS.
(a)
The commissioner of health shall develop and report to the legislature under
Minnesota Statutes, section 3.195, by January 15, 2009, guidelines to ensure
that health plans, and county-based purchasing plans where applicable, have
consistent procedures for allocating administrative expenses and investment income
across their commercial and public lines of business and across individual
public programs. The guidelines shall
be consistent with generally accepted accounting principles and principles from
the National Association of Insurance Commissioners. The guidelines shall not have the effect of changing allocation
for Medicare-related programs as permitted by federal law and the Centers for
Medicare and Medicaid Services.
(b)
The commissioner of health, in cooperation with the commissioners of commerce
and human services, shall develop and report to the legislature under Minnesota
Statutes, section 3.195, by January 15, 2009, detailed standards and procedures
for examining the reasonableness of health plan and county-based purchasing
plan administrative expenditures for publicly funded programs. These standards and procedures must include
a process for detailed examinations of individual programs and functional
areas.
(c)
The commissioner of health shall develop and report to the legislature under
Minnesota Statutes, section 3.195, by January 15, 2009, a more efficient method
for a health plan, and a county-based purchasing plan where appropriate, to
demonstrate to the commissioner that providers in the plan's network have
appropriate credentials. The commissioner
shall review issues regarding:
(1)
the duplicate review of credentials at a health care provider by multiple
health plans;
(2)
the review of the credentials of all staff of a health care provider when only
limited staff will be in the plan network; and
(3)
other duplicative credentialing issues.
Sec.
14. OMBUDSMAN FOR MANAGED CARE STUDY.
The
commissioner of human services, in cooperation with the ombudsman for managed
care, shall study and report to the legislature under Minnesota Statutes, section
3.195, by January 15, 2009, with recommendations on whether the duties of the
ombudsman should be expanded to include advocating on behalf of public health
care program fee-for-service enrollees.
The report must include:
(1)
a comparison of the recourse available to managed care clients versus
fee-for-service clients when service problems occur; and
(2)
an estimate of any net cost increase from this change in the ombudsman's
duties, taking into account any reduction in the commissioner's duties.
Sec.
15. REPORTING MANAGED CARE PERFORMANCE DATA.
The
commissioner of human services, in cooperation with the commissioner of health,
shall report to the legislature under Minnesota Statutes, section 3.195, by
January 15, 2009, with recommendations on the adoption of a single method to
compute and publicly report managed health care performance measures in order
to avoid confusion about the plans' performance levels. The study must include recommendations regarding
coordinated use by the two agencies of the following data sources:
(1)
Healthcare Effectiveness Data and Information Set (HEDIS) from managed care
organizations;
(2)
data that health plans submit to claim reimbursement for health care
procedures; and
(3)
data collected from medical record reviews of randomly selected individuals."
Delete
the title and insert:
"A
bill for an act relating to human services; revising requirements for
county-based purchasing for state health care programs; amending Minnesota
Statutes 2006, sections 13.461, by adding a subdivision; 256B.69, subdivision
5a, by adding subdivisions; 256B.692, subdivision 2, by adding a subdivision;
256L.12, subdivision 9; Minnesota Statutes 2007 Supplement, section 256B.69,
subdivision 4; Laws 2005, First Special Session chapter 4, article 8, section
84, as amended."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3399, A bill for an act relating to the city of Mankato; authorizing
extension of sales and use tax and modification of use of revenues; authorizing
imposition of other local taxes; amending Laws 1991, chapter 291, article 8, section
27, subdivisions 3, as amended, 4, as amended; repealing Laws 2005, First
Special Session chapter 3, article 5, section 24.
Reported
the same back with the recommendation that the bill be re-referred to the
Committee on Taxes without further recommendation.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3402, A bill for an act relating to taxes; authorizing the city of
Lanesboro to impose a local sales tax.
Reported
the same back with the recommendation that the bill be re-referred to the
Committee on Taxes without further recommendation.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3403, A bill for an act relating to education; providing for an earth and
space, life, and physical sciences assessment in grades 10 through 12; amending
Minnesota Statutes 2007 Supplement, section 120B.30, subdivision 1a.
Reported
the same back with the following amendments:
Page
1, line 18, delete "an"
Page
1, line 19, delete "assessment" and insert "assessments"
Page
1, line 20, after the period, insert "Each assessment given in the 10
through 12 grade span must be administered at the end of the course for which
science standards instruction is completed in each content area of earth and
space, life, and physical science."
Amend
the title as follows:
Page
1, line 2, delete "an"
Page
1, line 3, delete "assessment" and insert "assessments"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3420, A bill for an act relating to local government; revising procedures
and fees charged by county registrars of title for registering supplemental
declarations of common interest communities; amending Minnesota Statutes 2006,
sections 508.82, subdivision 1; 515B.1-116.
Reported
the same back with the following amendments:
Page
2, line 24, after "plat" insert ", other than a CIC plat
complying with section 515B.2-110, paragraph (c),"
Page
2, strike line 31
Page
2, line 32, delete the new language and strike the old language
Page
2, strike line 33
Page
2, line 34, strike "515." and insert "(13) for filing any
document affecting two or more units in a condominium governed by chapter 515,
$46 for the first certificate upon which the document is registered, and for
multiple certificate entries, $20 for each additional certificate upon which
the document is registered. For
purposes of this paragraph, an amendment to the declaration of a condominium
governed by chapter 515 and a related amendment to the condominium floor plans
shall be considered a single document, and the filing fee shall be $56 for the
first certificate upon which the document is registered, and for multiple
certificate entries, $20 for each additional certificate upon which the
document is registered."
Page
3, strike lines 8 to 10
Page
3, line 11, delete the new language and strike the old language
Page
3, line 12, strike the old language
Page
3, line 13, before "Pursuant" insert "(15) for filing a
common interest community declaration and a CIC plat complying with section 515B.2-110,
paragraph (c); an amendment to a common interest community declaration and a
related amendment to a CIC plat complying with section 515B.2-110, paragraph
(c); or a supplemental declaration and a related supplemental CIC plat
complying with section 515B.2-110, paragraph (c), each of which related
documents shall be considered a single document, the filing fee shall be $56
for the first certificate upon which the document is registered, and for
multiple certificate entries, $20 for each additional certificate upon which
the document is registered. For filing
any other document affecting two or more units in a common interest community,
the filing fee shall be $46 for the first certificate upon which the document
is registered, and for multiple certificate entries, $20 for each additional
certificate upon which the document is registered. The same fees shall apply to filing any document affecting two or
more units or other parcels subject to a master declaration."
Page
4, delete line 6
Page
5, lines 1 to 5, strike the old language
Page
5, delete line 19
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3456, A bill for an act relating to emergency management; authorizing
interstate assistance by local governments; proposing coding for new law in
Minnesota Statutes, chapter 192.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Public Safety and Civil Justice.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3500, A bill for an act relating to business organizations; proposing
technical amendments to the Business Corporations Act, the Limited Liability
Company Act, and the Uniform Limited Partnership Act of 2001; authorizing the
formation of nonprofit limited liability companies; amending Minnesota Statutes
2006, sections 302A.011, subdivisions 17, 50; 302A.111, subdivisions 2, 3, 4;
302A.115, subdivision 1, by adding a subdivision; 302A.231, subdivisions 2, 3;
302A.237; 302A.241, subdivision 1; 302A.255, subdivision 1; 302A.449,
subdivision 3; 302A.471, subdivision 3; 302A.521, subdivision 1; 302A.553,
subdivision 1; 302A.701; 302A.721; 321.1206; 322B.03, subdivisions 20, 32, by
adding a subdivision; 322B.10; 322B.11; 322B.12, subdivision 1, by adding a
subdivision;
322B.35, subdivision 3; 322B.363, subdivision 3; 322B.643, subdivisions 2, 3;
322B.66, subdivision 1; 322B.666, subdivision 1; 322B.699, subdivision 1;
322B.78; 322B.80, subdivision 1; 322B.806; 322B.90, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 322B.
Reported
the same back with the following amendments:
Page
26, line 4, after "(a)" insert "Section 317A.161,
subdivision 11, applies to a nonprofit limited liability company as if it were
a nonprofit corporation governed by chapter 317A."
Page
26, line 21, before the period, insert ", including but not limited to
sections 317A.811 and 317A.813"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3507, A bill for an act relating to agriculture; authorizing waiver of
certain fees and expedited food handler plan review in certain declared
disaster areas; changing certain embargo and condemnation provisions; changing
certain food sanitary provisions; changing certain fee provisions; defining
certain terms; regulating egg sales and handling; amending Minnesota Statutes
2006, sections 28A.03, by adding a subdivision; 28A.08; 28A.082, by adding a
subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171; Minnesota Statutes
2007 Supplement, section 31.175.
Reported
the same back with the following amendments:
Page
11, after line 14, insert:
"Sec.
9. [32.416]
SOMATIC CELL COUNT, GOAT MILK.
Notwithstanding
any federal standard incorporated by reference in this chapter, the maximum
allowable somatic cell count for raw goat milk is 1,500,000 cells per
milliliter."
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Local Government and Metropolitan Affairs.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3550, A bill for an act relating to natural resources; providing for viral
hemorrhagic septicemia control; authorizing rulemaking; amending Minnesota
Statutes 2006, sections 17.4985, subdivisions 2, 3, 5; 17.4986, subdivisions 1,
2, 4; 17.4987; 17.4992, subdivision 2; 17.4993; 84D.03, subdivision 4; 97C.203;
97C.205; 97C.341; 97C.391, by adding a subdivision; 97C.505, subdivision 1;
97C.515, subdivisions 2, 4, 5; 97C.821; repealing Minnesota Statutes 2006,
section 97C.515, subdivision 3.
Reported
the same back with the following amendments:
Page
9, delete section 14
Page
9, line 15, delete "84.03" and insert "84D.03"
Page
11, line 4, delete "20" and insert "19"
Renumber
the sections in sequence and correct internal references
Amend
the title as follows:
Page
1, line 3, delete "authorizing rulemaking;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins from the Committee on
Commerce and Labor to which was referred:
H. F. No. 3566, A bill for
an act relating to workers' compensation; adopting recommendations of the
Workers' Compensation Advisory Council; amending Minnesota Statutes 2006,
sections 176.011, subdivision 9; 176.041, subdivision 1; 176.101, subdivision
1; 176.102, subdivisions 2, 11; 176.135, by adding a subdivision; 176.136,
subdivisions 1a, 1b; 176.1812, subdivision 1; 176.183, subdivision 1; 176.185,
subdivision 8a; 176.231, subdivision 10; 176.245; 176.275, subdivision 1;
176.285; 176.83, subdivision 7; repealing Minnesota Statutes 2006, sections
176.1041; 176.669.
Reported the same back with
the following amendments:
Page 23, after line 4,
insert:
"Sec. 17. REVISOR'S
INSTRUCTION.
The revisor of statutes
shall recode Minnesota Statutes, section 176.181, subdivision 2b, as Minnesota
Statutes, section 79A.04, subdivision 3a."
Renumber the sections in
sequence