STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED SECOND DAY
Saint Paul, Minnesota, Monday, April 14, 2008
The House of Representatives convened at 12:30 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend James Tillberry, Hallock,
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Kranz and Tschumper were excused.
Hoppe was excused until 1:10 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Olson moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 2605 and
H. F. No. 2662, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Peterson, S., moved that the rules be so far suspended that
S. F. No. 2605 be substituted for H. F. No. 2662
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2930 and
H. F. No. 3287, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Davnie moved that the rules be so far suspended that
S. F. No. 2930 be substituted for H. F. No. 3287
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3139 and
H. F. No. 2911, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Atkins moved that the rules be so far suspended that
S. F. No. 3139 be substituted for H. F. No. 2911
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3218 and
H. F. No. 3566, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Nelson moved that S. F. No. 3218 be substituted
for H. F. No. 3566 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3360 and
H. F. No. 3132, which had been referred to the Chief Clerk for comparison,
were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Mullery moved that the rules be so far suspended that
S. F. No. 3360 be substituted for H. F. No. 3132
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3758 and
H. F. No. 3977, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Brynaert moved that the rules be so far suspended that
S. F. No. 3758 be substituted for H. F. No. 3977
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3775 and
H. F. No. 4051, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Sailer moved that the rules be so far suspended that
S. F. No. 3775 be substituted for H. F. No. 4051
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
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 Acts
of the 2008 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2008 |
Date Filed 2008 |
3147 171 4:05
p.m. April 4 April
4
2262 173 4:05
p.m. April 4 April
4
2910 174 4:07
p.m. April 4 April
4
2653 176 4:10 p.m. April 4 April 4
2908 177 4:12
p.m. April 4 April
4
2918 178 4:15
p.m. April 4 April
4
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson from the Committee on Finance to which was referred:
H. F. No. 3547, A bill for an act relating to natural
resources; modifying aquatic farm provisions; authorizing certain fees;
modifying horse pass requirements; modifying report requirements for game and
fish fund; modifying disposition of pheasant habitat improvement account;
modifying wild turkey management account; modifying hunting and fishing
licensing and taking provisions; requiring reports; providing for rulemaking;
amending Minnesota Statutes 2006, sections 17.4981; 84.027, subdivision 15;
85.46, subdivision 1; 97A.015, by adding a subdivision; 97A.055, subdivision
4b; 97A.075, subdivisions 4, 5; 97A.311, subdivision 5; 97A.431, subdivision 2;
97A.433, subdivision 2; 97A.434, subdivision 2; 97A.435, subdivision 4;
97A.451, subdivision 4, by adding a subdivision; 97A.475, subdivision 5;
97A.485, subdivision 6; 97B.015, subdivision 5; 97B.041; 97B.106, subdivision
1; 97B.211, subdivision 1; 97B.301, subdivision 6, by adding a subdivision;
97B.405; 97B.431; 97B.621, subdivision 3; 97B.711, subdivision 1; 97B.721;
97C.001, subdivision 3; 97C.005, subdivision 3; 97C.315, subdivision 1;
97C.355, subdivisions 4, 7, 7a; 97C.371, subdivision 4, by adding a
subdivision; 97C.395, subdivision 1; Minnesota Statutes 2007 Supplement,
sections 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405, subdivision
2; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.475, subdivisions 2, 3,
7, 11, 12, 16; 97B.036; 97B.328; 97C.355, subdivisions 2, 8; proposing coding
for new law in Minnesota Statutes, chapter 97C; repealing Minnesota Statutes
2006, section 97A.411, subdivision 2; Minnesota Rules, parts 6232.0200, subpart
4; 6232.0300, subpart 4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
17.4981, is amended to read:
17.4981 GENERAL CONDITIONS FOR REGULATION OF
AQUATIC FARMS.
(a)
Aquatic
farms are licensed to culture private aquatic life. Cultured aquatic life is not wildlife. Aquatic farms must be licensed and given classifications to
prevent or minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
(1)
prevent public aquatic life from entering an aquatic farm;
(2)
prevent release of nonindigenous or exotic species into public waters without
approval of the commissioner;
(3)
protect against release of disease pathogens to public waters;
(4)
protect existing natural aquatic habitats and the wildlife dependent on them;
and
(5)
protect private aquatic life from unauthorized taking or harvest.
(b)
Private
aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and
water resources.
(c)
The commissioner of natural resources shall report to the legislature, in
odd-numbered years, the proposed license and other fees that would make
aquaculture self-sustaining. The fees
shall not cover the costs of other programs.
The commissioner shall encourage fish farming in man-made ponds and
develop best management practices for aquaculture to ensure the long-term
sustainability of the program.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 17.4984, subdivision 1, is amended to read:
Subdivision
1. License
required. (a) A person or entity
may not operate an aquatic farm without first obtaining an aquatic farm license
from the commissioner.
(b)
Applications for an aquatic farm license must be made on forms provided by the
commissioner.
(c)
Licenses are valid for five years and are transferable upon notification to the
commissioner.
(d)
The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.
(e) A
license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a
significant detrimental impact on the public resource.
(f) By
January 15, 2008, the commissioner shall report to the senate and house of
representatives committees on natural resource policy and finance on policy
recommendations regarding aquaculture.
(g)
The commissioner shall not issue or renew a license to raise minnows in a
natural water body if the natural water body is the subject of a protective
easement or other interest in land that was acquired with funding from federal
waterfowl stamp proceeds or migratory waterfowl stamp proceeds under section
97A.075, subdivision 2, or if the natural water body was the subject of any
other development, restoration, maintenance, or preservation project funded
under section 97A.075, subdivision 2.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
84.027, subdivision 15, is amended to read:
Subd.
15. Electronic transactions.
(a) The commissioner may receive an application for, sell, and issue any
license, stamp, permit, pass, sticker, duplicate safety training certification,
registration, or transfer under the jurisdiction of the commissioner by electronic
means, including by telephone.
Notwithstanding section 97A.472, electronic and telephone transactions
may be made outside of the state. The
commissioner may:
(1)
provide for the electronic transfer of funds generated by electronic
transactions, including by telephone;
(2)
assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to
serve as temporary authorization to engage in the activity requiring a license
or registration until the license or registration is received or expires;
(3)
charge and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees
and an additional transaction fee not to exceed $3.50;
(4)
charge and permit agents to charge a fee not to exceed $3.50 of individuals who
use electronic bank cards for payment.
An electronic licensing system agent charging a fee of individuals
making an electronic card transaction in person must post a sign informing
individuals of the fee. The sign must
be near the point of payment, clearly visible, and include the amount of the
fee;
(5) establish, by written
order, an electronic licensing system commission to be paid by revenues
generated from all sales made through the electronic licensing system. The commissioner shall establish the
commission in a manner that neither significantly overrecovers nor
underrecovers costs involved in providing the electronic licensing system; and
(5) (6) adopt rules to administer
the provisions of this subdivision.
(b)
The fees established under paragraph (a), clause clauses (3)
and (4), and the commission established under paragraph (a), clause (4)
(5), are not subject to the rulemaking procedures of chapter 14 and section
14.386 does not apply.
(c)
Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund
and the natural resources fund to the commissioner for the cost of electronic
licensing.
Sec.
4. Minnesota Statutes 2006, section
84D.10, subdivision 2, is amended to read:
Subd.
2. Exceptions. Unless otherwise prohibited by law, a person
may place into the waters of the state a watercraft or trailer with aquatic
macrophytes:
(1)
that are duckweeds in the family Lemnaceae;
(2)
for purposes of shooting or observation blinds attached in or on watercraft
in amounts sufficient for that purpose, if the aquatic macrophytes are emergent
and cut above the waterline;
(3)
that are wild rice harvested under section 84.091; or
(4) in
the form of fragments of emergent aquatic macrophytes incidentally transported
in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season.
Sec.
5. Minnesota Statutes 2006, section
84D.13, subdivision 4, is amended to read:
Subd.
4. Warnings;
civil citations. After appropriate
training, conservation officers, other licensed peace officers, and other
department personnel designated by the commissioner may issue warnings or
citations to a person who:
(1)
unlawfully transports prohibited invasive species or aquatic macrophytes;
(2)
unlawfully places or attempts to place into waters of the state a trailer, a
watercraft, or plant harvesting equipment that has aquatic macrophytes or prohibited
invasive species attached;
(3)
intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;
(4)
fails to drain water, as required by rule, from watercraft and equipment before
leaving designated zebra mussel, spiny water flea, or other invasive plankton
infested waters; or
(5)
transports infested water, in violation of rule, off riparian property.
Sec.
6. Minnesota Statutes 2006, section
85.46, subdivision 1, is amended to read:
Subdivision
1. Pass
in possession. (a) Except as
provided in paragraph (b), while riding, leading, or driving a horse on
horse trails and associated day use areas on state trails, in state parks, in
state recreation areas, and in state forests, a person 16 years of age or over
shall carry in immediate possession and visibly display on person or horse
tack, a valid horse trail pass. The
pass must be available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835.
(b)
A valid horse pass is not required under this section for a person riding,
leading, or driving a horse only on the portion of a horse trail that is owned
by the person or the person's spouse, child, or parent.
Sec.
7. Minnesota Statutes 2006, section
97A.015, is amended by adding a subdivision to read:
Subd.
44a. Shelter. "Shelter" means any structure
set on the ice of state waters to provide shelter.
Sec.
8. Minnesota Statutes 2006, section
97A.045, subdivision 11, is amended to read:
Subd.
11. Power to prevent or control wildlife disease. (a) If the commissioner determines that
action is necessary to prevent or control a wildlife disease, the commissioner
may prevent or control wildlife disease in a species of wild animal in addition
to the protection provided by the game and fish laws by further limiting,
closing, expanding, or opening seasons or areas of the state; by reducing or
increasing limits in areas of the state; by establishing disease management
zones; by authorizing free licenses; by allowing shooting from motor vehicles
by persons designated by the commissioner; by issuing replacement licenses for
sick animals; by requiring sample collection from hunter-harvested animals; by
limiting wild animal possession, transportation, and disposition; and by
restricting wildlife feeding.
(b)
The commissioner shall restrict wildlife feeding in, and within a 15-mile
radius of a cattle herd that is infected with bovine 30-mile radius of,
a tuberculosis management zone, as identified by the commissioner.
(c)
The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision
13.
Sec.
9. Minnesota Statutes 2007 Supplement,
section 97A.055, subdivision 4, is amended to read:
Subd.
4. Game
and fish annual reports. (a) By
December 15 each year, the commissioner shall submit to the legislative
committees having jurisdiction over appropriations and the environment and natural
resources reports on each of the following:
(1)
the amount of revenue from the following and purposes for which expenditures
were made:
(i)
the small game license surcharge under section 97A.475, subdivision 4;
(ii)
the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 5,
clause (1);
(iii)
the trout and salmon stamp under section 97A.475, subdivision 10;
(iv)
the pheasant stamp under section 97A.475, subdivision 5, clause (2);
(v)
the turkey stamp wild turkey management account under section 97A.475,
subdivision 5, clause (3) 97A.075, subdivision 5; and
(vi)
the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;
(2)
the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;
(3)
money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;
(4)
outcome goals for the expenditures from the game and fish fund; and
(5)
summary and comments of citizen oversight committee reviews under subdivision
4b.
(b)
The report must include the commissioner's recommendations, if any, for changes
in the laws relating to the stamps and surcharge referenced in paragraph (a).
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
10. Minnesota Statutes 2006, section
97A.055, subdivision 4b, is amended to read:
Subd.
4b. Citizen oversight subcommittees.
(a) The commissioner shall appoint subcommittees of affected persons to
review the reports prepared under subdivision 4; review the proposed work plans
and budgets for the coming year; propose changes in policies, activities, and
revenue enhancements or reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for improvements in the
management and use of money in the game and fish fund.
(b)
The commissioner shall appoint the following subcommittees, each comprised of
at least three affected persons:
(1) a
Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp funding;
(2) a
Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding
and excluding review of the amounts available under section 97A.075,
subdivision 1, paragraphs (b) and (c);
(3) a
Big Game Subcommittee to review the report required in subdivision 4, paragraph
(a), clause (2);
(4) an
Ecological Services Operations Subcommittee to review ecological services
funding;
(5) a
subcommittee to review game and fish fund funding of enforcement, support
services, and Department of Natural Resources administration;
(6) a
subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;
(7) a
subcommittee to review the report on the migratory waterfowl stamp and address
funding issues related to migratory waterfowl;
(8) a
subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; and
(9) a
subcommittee to review the report on the turkey stamp wild turkey
management account and address funding issues related to wild turkeys.
(c)
The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an
annual report to the legislature; recommend changes on a broad level in
policies, activities, and revenue enhancements or reductions; provide a forum
to address issues that transcend the subcommittees; and submit a report for any
subcommittee that fails to submit its report in a timely manner.
(d)
The Budgetary Oversight Committee shall develop recommendations for a biennial
budget plan and report for expenditures on game and fish activities. By August 15 of each even-numbered year, the
committee shall submit the budget plan recommendations to the commissioner and
to the senate and house committees with jurisdiction over natural resources
finance.
(e)
Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may
not be the chair of any of the subcommittees.
(f)
The Budgetary Oversight Committee must make recommendations to the commissioner
and to the senate and house committees with jurisdiction over natural resources
finance for outcome goals from expenditures.
(g)
Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30,
2010.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
11. Minnesota Statutes 2006, section
97A.075, subdivision 4, is amended to read:
Subd.
4. Pheasant
stamp. (a) Ninety percent of the
revenue from pheasant stamps must be credited to the pheasant habitat
improvement account. Money in the
account may be used only for:
(1)
the development, restoration, and maintenance of suitable habitat for
ringnecked pheasants on public and private land including the establishment of
nesting cover, winter cover, and reliable food sources;
(2)
reimbursement of landowners for setting aside lands for pheasant habitat;
(3)
reimbursement of expenditures to provide pheasant habitat on public and private
land;
(4)
the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant
habitat; and
(5)
the acquisition of lands suitable for pheasant habitat management and public
hunting.
(b)
Money in the account may not be used for:
(1)
costs unless they are directly related to a specific parcel of land under
paragraph (a), clause (1), (3), or (5), or to specific promotional or
evaluative activities under paragraph (a), clause (4); or
(2)
any personnel costs, except that prior to July 1, 2009 2019,
personnel may be hired to provide technical and promotional assistance for
private landowners to implement conservation provisions of state and federal
programs.
Sec.
12. Minnesota Statutes 2006, section
97A.075, subdivision 5, is amended to read:
Subd.
5. Turkey
stamps account. (a) Ninety
percent of the revenue from turkey stamps $4.50 from each turkey license
sold must be credited to the wild turkey management account. Money in the account may be used only for:
(1)
the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and
establishment of nesting cover, winter roost area, and reliable food sources;
(2)
acquisitions of, or easements on, critical wild turkey habitat;
(3)
reimbursement of expenditures to provide wild turkey habitat on public and
private land;
(4)
trapping and transplantation of wild turkeys; and
(5)
the promotion of turkey habitat development and maintenance, population surveys
and monitoring, and research.
(b)
Money in the account may not be used for:
(1)
costs unless they are directly related to a specific parcel of land under
paragraph (a), clauses (1) to (3), a specific trap and transplant project under
paragraph (a), clause (4), or to specific promotional or evaluative activities
under paragraph (a), clause (5); or
(2)
any permanent personnel costs.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
13. Minnesota Statutes 2006, section
97A.311, subdivision 5, is amended to read:
Subd.
5. Refunds. (a) The commissioner may issue a refund on a
license, not including any issuing fees paid under section 97A.485, subdivision
6, if:
(1)
the licensee dies before the opening of the licensed season. The original license and a copy of the death
certificate must be provided to the commissioner; or
(2)
the licensee is unable to participate in the licensed activity because the
licensee is called to active military duty or military leave is canceled during
the entire open season of the licensed activity. The original license and a copy of the military orders or notice
of cancellation of leave must be provided to the commissioner; or
(3)
the licensee purchased two identical licenses for the same license season in
error.
(b)
This subdivision does not apply to lifetime licenses.
Sec.
14. Minnesota Statutes 2007 Supplement,
section 97A.405, subdivision 2, is amended to read:
Subd.
2. Personal
possession. (a) A person acting
under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if
the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation, if the license has been sold
to the person by electronic means but the actual license has not been issued
and received.
(b) If
possession of a license or a license identification number is required, a
person must exhibit, as requested by a conservation officer or peace officer,
either: (1) the proper license if the license has been issued to and received
by the person; or (2) the proper license identification number or stamp
validation and a valid state driver's license, state identification card, or
other form of identification provided by the commissioner, if the license has
been sold to the person by electronic means but the actual license has not been
issued and received. A person charged with
violating the license possession requirement shall not be convicted if the
person produces in court or the office of the arresting officer, the actual
license previously issued to that person, which was valid at the time of
arrest, or satisfactory proof that at the time of the arrest the person was
validly licensed. Upon request of a
conservation officer or peace officer, a licensee shall write the licensee's
name in the presence of the officer to determine the identity of the licensee.
(c) If
the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the
license identification number or stamp validation, does not entitle a licensee
to exercise the rights or privileges conferred by a license.
(d) A
license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial turkey, migratory
waterfowl, pheasant, or trout and salmon stamp shall be provided to the
licensee after purchase of a stamp validation only if the licensee pays an
additional $2 fee. A pictorial
turkey stamp may be purchased for a $2 fee.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec. 15. Minnesota Statutes 2006, section 97A.431,
subdivision 2, is amended to read:
Subd.
2. Eligibility. Persons eligible for a moose license shall
be determined under this section and commissioner's rule. A person is eligible for a moose license
only if the person:
(1) is
a resident; and
(2)
is at least age 16 before the season opens; and
(3) (2) has not been issued a moose
license for any of the last five seasons or after January 1, 1991.
Sec.
16. Minnesota Statutes 2006, section
97A.433, subdivision 2, is amended to read:
Subd.
2. Eligibility. Persons eligible for an elk license shall be
determined under this section and commissioner's rule. A person is eligible for an elk license only
if the person:
(1) is
a resident; and
(2)
is at least age 16 before the season opens; and
(3) (2) has never been issued an
elk license.
Sec.
17. Minnesota Statutes 2006, section
97A.434, subdivision 2, is amended to read:
Subd.
2. Eligibility. Eligibility for a prairie chicken license
shall be determined by this section and by rule adopted by the
commissioner. A person is eligible for
a prairie chicken license only if the person:
(1) is a resident; and
(2)
was born before January 1, 1980, or possesses a firearms safety certificate.
Sec.
18. Minnesota Statutes 2006, section
97A.435, subdivision 4, is amended to read:
Subd.
4. Separate
selection of eligible licensees.
(a) The commissioner may conduct a separate selection for up to 20
percent of the turkey licenses to be issued for any area. Only persons who are owners or tenants of
and who live on at least 40 acres of land in the area, and their family
members, are eligible applicants for turkey licenses for the separate
selection. The qualifying land may be
noncontiguous. Persons who are
unsuccessful in a separate selection must be included in the selection for the
remaining licenses. Persons who obtain
a license in a separate selection must allow public turkey hunting on their
land during that turkey season. A
license issued under this subdivision is restricted to the permit area where
the qualifying land is located.
(b)
The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.
(c)
The commissioner shall presume that an applicant under this subdivision is
eligible in order to ensure the timely processing of applications. An applicant that knowingly makes a false
statement or a license agent that knowingly issues a license to an ineligible
person is subject to the penalty provisions under section 97A.311.
Sec.
19. Minnesota Statutes 2007 Supplement,
section 97A.441, subdivision 7, is amended to read:
Subd.
7. Owners
or tenants of agricultural land.
(a) The commissioner may issue, without a fee, a license to take an
antlerless deer to a person resident who is an owner or tenant of
at least 80 acres of agricultural land, as defined in section 97B.001, in deer
permit areas that have deer archery licenses to take additional deer under
section 97B.301, subdivision 4. A
person may receive only one license per year under this subdivision. For properties with co-owners or cotenants,
only one co-owner or cotenant may receive a license under this subdivision per
year. The license issued under this
subdivision is restricted to land leased for agricultural purposes or owned by
the holder of the license within the permit area where the qualifying land is
located. The holder of the license may
transfer the license to the holder's spouse or dependent. Notwithstanding sections 97A.415,
subdivision 1, and 97B.301, subdivision 2, the holder of the license may
purchase an additional license for taking deer and may take an additional deer
under that license.
(b) A
person who obtains a license under paragraph (a) must allow public deer hunting
on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license
issued under section 97A.475, subdivision 2, clauses (4) and (13).
Sec.
20. Minnesota Statutes 2007 Supplement,
section 97A.451, subdivision 3, is amended to read:
Subd.
3. Residents
under age 16; small game. (a) A
resident under age 16 may not must obtain a small game license but
may in order to take small game by firearms or bow and arrow without
a license paying the applicable fees under section 97A.475,
subdivisions 2, 4, and 5, if the resident is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian;
(3) age
13, 14, or 15, possesses an apprentice hunter validation, and is accompanied by
a parent or guardian who possesses a small game license that was not obtained
using an apprentice hunter validation; or
(4)
age 12 or under and is accompanied by a parent or guardian.
(b) A
resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may
trap without a trapping license, but may not register fisher, otter, bobcat, or
pine marten unless the resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or
guardian.
(c) A
resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.
Sec.
21. Minnesota Statutes 2006, section
97A.451, subdivision 4, is amended to read:
Subd.
4. Persons
Residents under age 16; big game.
A person resident under the age of 16 may not obtain a
license to take big game unless the person possesses a firearms safety
certificate. A person under the age of
14 must be accompanied by a parent or guardian to hunt big game. by
firearms or bow and arrow if the resident obtains a license to take big game
and is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian;
(3)
age 13, 14, or 15, possesses an apprentice hunter validation, and is
accompanied by a parent or guardian who possesses a big game license that was
not obtained using an apprentice hunter validation;
(4)
age 12 and is accompanied by a parent or guardian. A resident age 12 or under is not required to possess a firearms
safety certificate under section 97B.020 to take big game; or
(5)
age 10 or 11 and is under the direct supervision of a parent or guardian where
the parent is within immediate reach and the youth obtains a license without
paying the fee.
Sec.
22. Minnesota Statutes 2006, section
97A.451, is amended by adding a subdivision to read:
Subd.
4a. Nonresidents
under age 16; big game. (a)
A nonresident under age 16 may obtain a big game license at the applicable
resident fee under section 97A.475, subdivision 2, if the nonresident is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian;
(3)
age 12 and is accompanied by a parent or guardian. A nonresident age 12 or under is not required to possess a
firearms safety certificate under section 97B.020 to take big game; or
(4)
age 10 or 11 and is under the direct supervision of a parent or guardian where
the parent is within immediate reach.
Sec.
23. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 2, is amended to read:
Subd.
2. Resident
hunting. Fees for the following licenses,
to be issued to residents only, are:
(1)
for persons age 18 or over and under age 65 to take small game, $12.50;
(2)
for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) for
persons age 18 or over to take turkey, $18 $23;
(4)
for persons under age 18 to take turkey, $12;
(4) (5) for persons age 18 or over
to take deer with firearms, $26;
(5) (6) for persons age 18 or over
to take deer by archery, $26;
(6) (7) to take moose, for a party
of not more than six persons, $310;
(7) (8) to take bear, $38;
(8) (9) to take elk, for a party of
not more than two persons, $250;
(9) (10) multizone license to take
antlered deer in more than one zone, $52;
(10) (11) to take Canada geese during
a special season, $4;
(11) (12) all season license to take
three deer throughout the state in any open deer season, except as restricted
under section 97B.305, $78;
(12) (13) all-firearm season
license to take two deer throughout the state in any open firearms deer season,
except as restricted under section 97B.305, $52;
(14)
to take
prairie chickens, $20;
(13) (15) for persons at least age 12
and under age 18 to take deer with firearms during the muzzle-loader season
or during the regular firearms season in any open zone or time period, $13;
and
(14) (16) for persons at least age 12
and under age 18 to take deer by archery, $13.
EFFECTIVE DATE. The amendment to clause (3) is effective March 1, 2009.
Sec.
24. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 3, is amended to read:
Subd.
3. Nonresident
hunting. (a) Fees for the following
licenses, to be issued to nonresidents, are:
(1)
for persons age 18 and older to take small game, $73;
(2)
for persons age 18 and older to take deer with firearms, $135;
(3)
for persons age 18 and older to take deer by archery, $135;
(4) to
take bear, $195;
(5) for
persons age 18 and older to take turkey, $73 $78;
(6)
for persons under age 18 to take turkey, $12;
(6) (7) to take raccoon or bobcat,
$155;
(7) (8) multizone license to take
antlered deer in more than one zone, $270;
(8) (9) to take Canada geese during
a special season, $4;
(9) (10) for persons at least age 12
and under age 18 to take deer with firearms during the muzzle-loader season
or during the regular firearms season in any open zone or time period, $13;
and
(10) (11) for persons at least age 12
and under age 18 to take deer by archery, $13.
(b) A
$5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7) (5), (7), and (8). An additional commission may not be assessed
on this surcharge.
EFFECTIVE DATE. The amendment to paragraph (a), clause (5), is effective March
1, 2009.
Sec.
25. Minnesota Statutes 2006, section
97A.475, subdivision 5, is amended to read:
Subd.
5. Hunting
stamps. Fees for the following
stamps and stamp validations are:
(1)
migratory waterfowl stamp, $7.50; and
(2)
pheasant stamp, $7.50; and
(3)
turkey stamp validation, $5.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
26. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 7, is amended to read:
Subd.
7. Nonresident
fishing. (a) Fees for the following
licenses, to be issued to nonresidents, are:
(1) to
take fish by angling, $37.50;
(2) to
take fish by angling limited to seven consecutive days selected by the
licensee, $26.50;
(3) to
take fish by angling for a 72-hour period selected by the licensee, $22;
(4) to
take fish by angling for a combined license for a family for one or both
parents and dependent children under the age of 16, $50.50;
(5) to
take fish by angling for a 24-hour period selected by the licensee, $8.50; and
(6) to
take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $38.50.; and
(7)
to take fish by spearing from a dark house, $37.50.
(b) A
$2 surcharge shall be added to all nonresident fishing licenses, except
licenses issued under paragraph (a), clause (5). An additional commission may not be assessed on this surcharge.
Sec.
27. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 11, is amended to read:
Subd.
11. Fish houses and, dark houses, or shelters;
residents. Fees for the following
licenses for a resident are:
(1)
annual for a fish house or, dark house, or shelter that is
not rented, $11.50;
(2)
annual for a fish house or, dark house, or shelter that is
rented, $26;
(3)
three-year for a fish house or, dark house, or shelter
that is not rented, $34.50; and
(4)
three-year for a fish house or, dark house, or shelter
that is rented, $78.
Sec.
28. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 12, is amended to read:
Subd.
12. Fish houses, dark houses, or shelters; nonresident. Fees for fish house, dark house, or
shelter licenses for a nonresident are:
(1)
annual, $33;
(2)
seven consecutive days, $19; and
(3)
three-year, $99.
Sec.
29. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 16, is amended to read:
Subd.
16. Resident bear hunting guides outfitters. (a) The fee for a resident bear
hunting outfitter license to guide bear hunters is $82.50 and is
available only to a Minnesota resident individual.
(b)
The fee for a resident master bear hunting outfitter license is $165. The fee to add an additional person under
the license is $82.50 per person.
Sec.
30. Minnesota Statutes 2006, section
97A.485, subdivision 6, is amended to read:
Subd.
6. Licenses
to be sold and issuing fees. (a)
Persons authorized to sell licenses under this section must issue the following
licenses for the license fee and the following issuing fees:
(1) to
take deer or bear with firearms and by archery, the issuing fee is $1;
(2)
Minnesota sporting, the issuing fee is $1; and
(3) to take small game, to take fish by angling or by
spearing, and to trap fur-bearing animals, the issuing fee is $1;
(4)
for a stamp validation that is not issued simultaneously with a license,
an issuing fee of 50 cents may be charged at the discretion of the authorized
seller;
(5) for
stamps stamp validations issued simultaneously with a license,
there is no fee;
(6)
for licenses, seals, tags, or coupons issued without a fee under section
97A.441 or 97A.465, an issuing fee of 50 cents may be charged at the discretion
of the authorized seller;
(7)
for lifetime licenses, there is no fee; and
(8)
for all other licenses, permits, renewals, or applications or any other
transaction through the electronic licensing system under this chapter or any
other chapter when an issuing fee is not specified, an issuing fee of 50 cents
may be charged at the discretion of the authorized seller.
(b) An
issuing fee may not be collected for issuance of a trout and salmon stamp if a
stamp validation is issued simultaneously with the related angling or sporting
license. Only one issuing fee may
be collected when selling more than one trout and salmon stamp in the
same transaction after the end of the season for which the stamp was issued.
(c)
The agent shall keep the issuing fee as a commission for selling the licenses.
(d)
The commissioner shall collect the issuing fee on licenses sold by the
commissioner.
(e) A
license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.
(f)
For duplicate licenses, including licenses issued without a fee, the issuing
fees are:
(1)
for licenses to take big game, 75 cents; and
(2)
for other licenses, 50 cents.
(g)
The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all
license fees, excluding the issuing fee required under this section. Copies of sold and unsold licenses shall be
returned to the commissioner. The
commissioner shall refund the charter boat captain for the license fees of all
unsold licenses. Copies of sold
licenses shall be maintained by the commissioner for one year.
Sec.
31. Minnesota Statutes 2006, section
97A.535, subdivision 1, is amended to read:
Subdivision
1. Tags
required. (a) A person may not
possess or transport deer, bear, elk, or moose taken in the state unless a tag
is attached to the carcass in a manner prescribed by the commissioner. The commissioner must prescribe the type of
tag that has the license number of the owner, the year of its issue, and other
information prescribed by the commissioner.
(b)
The tag and the license must be validated at the site of the kill as
prescribed by the commissioner.
(c)
Except as otherwise provided in this section, the tag must be attached to the
deer, bear, elk, or moose at the site of the kill before the animal is removed
from the site of the kill.
(d)
The tag must remain attached to the animal until the animal is processed for
storage.
(e) A
person may move a lawfully taken deer, bear, elk, or moose from the site of the
kill without attaching the validated tag to the animal only while in the act of
manually or mechanically dragging, carrying, or carting the animal across the
ground and while possessing the validated tag on their person. A motor vehicle may be used to drag the
animal across the ground. At all other
times, the validated tag must be attached to the deer, bear, elk, or moose:
(1) as
otherwise provided in this section; and
(2)
prior to the animal being placed onto and transported on a motor vehicle, being
hung from a tree or other structure or device, or being brought into a camp or
yard or other place of habitation.
Sec.
32. Minnesota Statutes 2006, section
97B.015, subdivision 5, is amended to read:
Subd.
5. Firearms
safety certificate. The
commissioner shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A person must be at least age 11 to take the
firearms safety course and may receive a firearms safety certificate, but the
certificate is not valid for hunting until the year the person reaches
age 12. A person who is age 11 and has
a firearms safety certificate may purchase a deer, bear, turkey, or prairie
chicken license to take big game that will become be valid
when for hunting during the entire regular season for which the
license is valid if the person reaches will reach age 12
during that calendar year. A
firearms safety certificate issued to a person under age 12 by another state as
provided in section 97B.020 is not valid for hunting in Minnesota until the
person reaches age 12. The form and
content of the firearms safety certificate shall be prescribed by the commissioner.
Sec.
33. Minnesota Statutes 2007 Supplement,
section 97B.031, subdivision 1, is amended to read:
Subdivision
1. Firearms
and ammunition that may be used to take big game. (a) A person may take big game with a firearm only if:
(1)
the rifle, shotgun, and handgun used is a caliber of at least .23 .22
inches and with centerfire ignition;
(2)
the firearm is loaded only with single projectile ammunition;
(3) a
projectile used is a caliber of at least .23 .22 inches and has a
soft point or is an expanding bullet type;
(4)
the ammunition has a case length of at least 1.285 inches;
(5) (4) the muzzle-loader
muzzleloader used is incapable of being loaded at the breech;
(6) (5) the smooth-bore muzzle-loader
muzzleloader used is a caliber of at least .45 inches; and
(7) (6) the rifled muzzle-loader
muzzleloader used is a caliber of at least .40 inches.
(b)
Notwithstanding paragraph (a), clause (4), a person may take big game with a
ten millimeter cartridge that is at least 0.95 inches in length, a .45
Winchester Magnum cartridge, a .50 A. E.
(Action Express) handgun cartridge, or a 56-46 Spencer, 56-50 Spencer, or 56-56
Spencer cartridge.
Sec.
34. Minnesota Statutes 2007 Supplement,
section 97B.035, subdivision 1a, is amended to read:
Subd.
1a. Minimum draw weight. A bow
used to take big game or turkey must have a pull that meets or exceeds
30 pounds at or before full draw.
Sec.
35. Minnesota Statutes 2007 Supplement,
section 97B.036, is amended to read:
97B.036 CROSSBOW HUNTING DURING FIREARMS DEER
SEASON.
Notwithstanding
section 97B.035, subdivisions 1 and 2, a person may take deer, bear, or
turkey by crossbow during the respective regular firearms deer
season seasons. The
transportation requirements of section 97B.051 apply to crossbows during the
regular firearms deer, bear, or turkey season. Crossbows must meet the requirements of section 97B.106,
subdivision 2. A person taking deer,
bear, or turkey by crossbow under this section must have a valid firearms deer
license to take the respective game.
Sec.
36. Minnesota Statutes 2006, section
97B.041, is amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION
RESTRICTED IN DEER ZONES.
A
person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second
day after the close of the season within an area where deer may be taken by a
firearm, except:
(1)
during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take
big game in that area if the person has a valid big game license in possession;
(2) an
unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
(3) a
shotgun and shells containing No. 4 buckshot or smaller diameter lead shot or
steel shot;
(4) a
handgun or rifle and only short, long, and long rifle cartridges that are
caliber of .22 inches containing only .17 caliber rimfire cartridges,
.22 short, long, or long rifle cartridges, or .22 magnum caliber cartridges;
(5)
handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and
(6) on
a target range operated under a permit from the commissioner.
This
section does not apply during an open firearms season in an area where deer may
be taken only by muzzleloader, except that muzzleloading firearms lawful for
the taking of deer may be possessed only by persons with a valid license to
take deer by muzzleloader during that season.
EFFECTIVE DATE. This section is effective August 1, 2008.
Sec.
37. Minnesota Statutes 2006, section
97B.106, subdivision 1, is amended to read:
Subdivision
1. Qualifications
for crossbow permits. (a) The
commissioner may issue a special permit, without a fee, to take big game, small
game, or rough fish with a crossbow to a person that is unable to hunt or take
rough fish by archery because of a permanent or temporary physical
disability. A crossbow permit issued
under this section also allows the permittee to use a bow with a mechanical
device that draws, releases, or holds the bow at full draw as provided in
section 97B.035, subdivision 1, paragraph (a).
(b) To
qualify for a crossbow permit under this section, a temporary disability must
render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made.
The permanent or temporary disability must be established by medical
evidence, and the inability to hunt or fish by archery for the required period
of time must be verified in writing by a licensed physician or chiropractor.
(c)
The person must obtain the appropriate license.
Sec.
38. Minnesota Statutes 2006, section
97B.211, subdivision 1, is amended to read:
Subdivision
1. Possession
of firearms prohibited. Except when
hunting bear, A person may not take big game deer by archery
while in possession of a firearm.
Sec.
39. Minnesota Statutes 2006, section
97B.301, subdivision 6, is amended to read:
Subd.
6. Residents
or nonresidents under age 18 may take deer of either sex. A resident or nonresident under the
age of 18 may take a deer of either sex except in those antlerless permit areas
and seasons where no antlerless permits are offered. In antlerless permit areas where no antlerless permits are
offered, the commissioner may provide a limited number of youth either sex
permits to residents or nonresidents under age 18, under the procedures
provided in section 97B.305, and may give preference to residents or
nonresidents under the age of 18 that have not previously been
selected. This subdivision does not
authorize the taking of an antlerless deer by another member of a party under
subdivision 3.
Sec.
40. Minnesota Statutes 2006, section
97B.301, is amended by adding a subdivision to read:
Subd.
8. All-firearm
season deer license. (a) A
resident may obtain an all-firearm season deer license that authorizes the
resident to hunt during the regular firearms and muzzle-loader seasons. The all-firearm season license is valid for
taking two deer, no more than one of which may be a legal buck.
(b)
The all-firearm season deer license is valid for taking antlerless deer as
prescribed by the commissioner.
(c)
The commissioner shall issue two tags when issuing a license under this
subdivision.
Sec.
41. Minnesota Statutes 2007 Supplement,
section 97B.328, is amended to read:
97B.328 BAITING PROHIBITED.
Subdivision
1. Hunting
with aid of bait or feed prohibited.
(a) A person may not hunt deer:
(1)
with the aid or use of bait or feed; or
(2) in
the vicinity of bait or feed if the person knows or has reason to know
that bait or feed is present; or.
(3)
in the vicinity of where the person has placed bait or caused bait to be placed
within the previous ten days.
(b)
This restriction does not apply to:
Subd.
2. Removal
of bait. An area is considered baited for ten days
after the complete removal of all bait or feed.
Subd.
3. Definition. For purposes of this section, "bait or feed" includes
grains, fruits, vegetables, nuts, hay, or other food that is capable of
attracting or enticing deer and that has been placed by a person. Liquid scents, salt, and minerals are not
bait or feed.
(1) Food resulting from normal
or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities; or is not
bait or feed unless it has been placed by a person.
Subd.
4. Exception
for bait or feed on adjacent land.
(2) A person otherwise in compliance with this section who is
hunting on the person's own private or public property, when
that is adjacent to property where bait or feed is present is not in
violation of this section if the person has not participated in, been
involved with, or agreed to baiting or feeding wildlife on the adjacent
land owned by another person property.
Sec.
42. Minnesota Statutes 2006, section
97B.405, is amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR
HUNTERS.
(a)
The
commissioner may limit the number of persons that may hunt bear in an area, if
it is necessary to prevent an overharvest or improve the distribution of
hunters. The commissioner may
establish, by rule, a method, including a drawing, to impartially select the
hunters for an area. The commissioner
shall give preference to hunters that have previously applied and have not been
selected.
(b)
In the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of
area. A person applying for a permit
shall submit the applicable license fee under section 97A.475 with the
application. If a person is not
selected for a bear hunting permit, the person may elect to have the license
fee refunded or held and applied to a future license or permit.
Sec.
43. Minnesota Statutes 2006, section
97B.431, is amended to read:
97B.431 BEAR HUNTING GUIDES
OUTFITTERS.
(a)
A person
may not place bait for bear, or guide hunters to take bear, for compensation
without a bear hunting guide outfitter license. A bear hunting guide outfitter
is not required to have a license to take bear unless the guide
outfitter is attempting to shoot a bear.
The commissioner shall adopt rules for qualifications for issuance and
administration of the licenses.
(b)
The commissioner shall establish a resident master bear hunting outfitter
license under which one person serves as the bear hunting outfitter and one
other person is eligible to guide and bait bear. Additional persons may be added to the license and are eligible
to guide and bait bear under the license, provided the additional fee under
section 97A.475, subdivision 16, is paid for each person added. The commissioner shall adopt rules for
qualifications for issuance and administration of the licenses.
Sec.
44. Minnesota Statutes 2006, section
97B.621, subdivision 3, is amended to read:
Subd.
3. Nighttime
hunting restrictions. To take
raccoons between one-half hour after sunset and one-half hour before sunrise,
a person:
(1)
must be on foot;
(2)
may use an artificial light only if hunting with dogs;
(3)
may not use a rifle other than one of a .22 inch caliber with .22 short, long,
or long rifle, rimfire ammunition; and
(4)
may not use shotgun shells with larger than No. 4 shot.
Sec.
45. Minnesota Statutes 2006, section
97B.711, subdivision 1, is amended to read:
Subdivision
1. Seasons
for certain upland game birds. (a)
The commissioner may, by rule, prescribe an open season in designated areas
between September 16 and January 3 for:
(1)
pheasant;
(2)
ruffed grouse;
(3)
sharp tailed grouse;
(4)
Canada spruce grouse;
(5)
prairie chicken;
(6)
gray partridge;
(7)
bob-white quail; and
(8)
turkey.
(b)
The commissioner may by rule prescribe an open season for turkey in the spring.
(c)
The commissioner shall allow a four-week open season for turkey in the fall for
the area designated as turkey permit area 601 as of the 2008 season.
Sec.
46. Minnesota Statutes 2006, section
97B.721, is amended to read:
97B.721 LICENSE AND STAMP VALIDATION
REQUIRED TO TAKE TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.
(a)
Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person
may not take a turkey without possessing a turkey license and a turkey stamp
validation.
(b) The
requirement in paragraph (a) to have a turkey stamp validation does not apply
to persons under age 18. An
unlicensed adult age 18 or older may assist a licensed wild turkey hunter. The unlicensed adult may not shoot or
possess a firearm or bow while assisting a hunter under this paragraph and may
not charge a fee for the assistance.
(c)
The commissioner may by rule prescribe requirements for the tagging and
registration of turkeys.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
47. Minnesota Statutes 2006, section
97C.001, subdivision 3, is amended to read:
Subd.
3. Seasons,
limits, and other requirements. The
commissioner may, in accordance with the procedures in subdivision 2 or by rule
under chapter 14, establish open seasons, limits, methods, and other
requirements for taking fish on experimental waters. Notwithstanding the limits on seasons in section 97C.395,
subdivision 1, the commissioner may extend the end of a season for up to two
weeks to take a fish species in an experimental water when the harvest level
for the species in that season is less than the harvest goal of the
experimental regulations.
Sec.
48. Minnesota Statutes 2006, section
97C.005, subdivision 3, is amended to read:
Subd.
3. Seasons,
limits, and other rules. The
commissioner may, in accordance with the procedures in subdivision 2,
paragraphs (c) and (e), or by rule under chapter 14, establish open seasons,
limits, methods, and other requirements for taking fish on special management
waters. Notwithstanding the limits
on seasons in section 97C.395, subdivision 1, the commissioner may extend the
end of a season for up to two weeks to take a fish species in a special
management water when the harvest level for the species in that season is less
than the harvest goal of the special management regulations.
Sec.
49. Minnesota Statutes 2006, section
97C.205, is amended to read:
97C.205 TRANSPORTING AND STOCKING FISH.
(a)
Except on the water body where taken, a person may not transport a live fish in
a quantity of water sufficient to keep the fish alive, unless the fish:
(1) is
being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;
(2) is
being transported for a fishing contest weigh-in under section 97C.081;
(3) is
a minnow being transported under section 97C.505 or 97C.515;
(4) is
being transported by a commercial fishing license holder under section 97C.821;
or
(5) is
being transported as otherwise authorized in this section.
(b)
The commissioner may adopt rules to allow and regulate:
(1)
the transportation of fish and fish eggs; and
(2)
the stocking of waters with fish or fish eggs.
The
commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that
water body if the fish:
(1)
were lawfully taken;
(2)
have been packaged by a licensed fish packer; and
(3)
do not otherwise exceed the daily possession limits.
(c)
The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:
(1)
prescribe methods to acquire brood stock for the ponds by seining public
waters;
(2)
allow the sporting organizations to own and use seines and other necessary
equipment; and
(3)
prescribe methods for stocking the fish in public waters that give priority to
the needs of the community where the fish are reared and the desires of the
organization operating the rearing pond.
(d) A person age 16 or under may, for
purposes of display in a home aquarium, transport largemouth bass, smallmouth
bass, yellow perch, rock bass, black crappie, white crappie, bluegill
pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, and
brown bullheads taken by angling. No
more than four of each species may be transported at any one time, and any
individual fish can be no longer than ten inches in total length.
Sec.
50. [97C.303] CONSERVATION ANGLING LICENSE.
Subdivision
1. Availability. The commissioner shall make available a
conservation angling license according to this section. Conservation angling licenses shall be
offered for resident and nonresident individuals, resident married couples,
nonresident married couples valid for 14 consecutive days, and nonresident
families.
Subd.
2. Daily
and possession limits. Daily
and possession limits for fish taken under a conservation angling license are
one-half the daily and possession limits for the corresponding fish taken under
a standard angling license, rounded down to the next whole number if necessary.
Subd.
3. License
fee. The fee for a
conservation angling license issued under this section is two-thirds of the
corresponding standard angling license fee under section 97A.475, subdivision 6
or 7, rounded to the nearest whole dollar.
Sec.
51. Minnesota Statutes 2006, section
97C.315, subdivision 1, is amended to read:
Subdivision
1. Lines. An angler may not use more than one line
except two lines may be used to take fish:
(1)
two lines may be used to take fish through the ice; and (1) through the ice; or
(2)
the commissioner may, by rule, authorize the use of two lines in areas
designated by the commissioner in Lake Superior (2) if the angler
purchases a second line endorsement for $5.
Sec.
52. Minnesota Statutes 2007 Supplement,
section 97C.355, subdivision 2, is amended to read:
Subd.
2. License
required. A person may not take
fish from leave a dark house or, fish house that is
left, or shelter unattended
on the ice overnight at any time between midnight and one hour before
sunrise unless the house is licensed and has a license tag attached to the
exterior in a readily visible location, except as provided in this
subdivision. The commissioner must
issue a tag with a dark house or fish house license, marked with a number to
correspond with the license and the year of issue. A dark house or fish house license is not required of a resident
on boundary waters where the adjacent state does not charge a fee for the same
activity.
Sec.
53. Minnesota Statutes 2006, section
97C.355, subdivision 4, is amended to read:
Subd.
4. Distance
between houses. A person may not
erect a dark house or, fish house, or shelter within ten
feet of an existing dark house or, fish house, or shelter.
Sec.
54. Minnesota Statutes 2006, section
97C.355, subdivision 7, is amended to read:
Subd.
7. Dates
and times houses may remain on ice.
(a) Except as provided in paragraph (d), A shelter, including a
fish house or dark house, may not be on the ice unattended between 12:00
a.m. midnight and one hour
before sunrise after the following dates:
(1)
the last day of February first Monday in March, for state waters
south of a line starting at the Minnesota-North Dakota border and formed by
rights-of-way of U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk
Highway No. 34, then east along Trunk Highway No. 34 to Trunk Highway No. 200,
then east along Trunk Highway No. 200 to U.S. Route No. 2, then east along U.S.
Route No. 2 to the Minnesota-Wisconsin border; and
(2)
the third Monday in March 15, for other state waters.
A
shelter, including a fish house or dark house, on the ice in violation of this
subdivision is subject to the enforcement provisions of paragraph (b). The commissioner may, by rule, change the
dates in this paragraph for any part of state waters. Copies of the rule must be conspicuously posted on the shores of
the waters as prescribed by the commissioner.
(b) A
conservation officer must confiscate a fish house, dark house, or shelter in
violation of paragraph (a). The officer
may remove, burn, or destroy the house or shelter. The officer shall seize the contents of the house or shelter and
hold them for 60 days. If the seized
articles have not been claimed by the owner, they may be retained for the use
of the division or sold at the highest price obtainable in a manner prescribed
by the commissioner.
(c)
When the last day of February, under paragraph (a), clause (1), or March 15,
under paragraph (a), clause (2), falls on a Saturday, a shelter, including a
fish house or dark house, may be on the ice between 12:00 a.m. and one hour
before sunrise until 12:00 a.m. the following Monday.
(d)
A person may have a shelter, including a fish house or dark house, on the ice
between 12:00 a.m. and one hour before sunrise on waters within the area
prescribed in paragraph (a), clause (2), but the house or shelter may not be
unattended during those hours.
Sec.
55. Minnesota Statutes 2006, section
97C.355, subdivision 7a, is amended to read:
Subd.
7a. Houses left overnight. A
fish house or, dark house, or shelter left on the ice
overnight must be marked with reflective material on each side of the house
structure. The reflective material
must measure a total area of no less than two square inches on each side of the
house structure. Violation
of this subdivision is not subject to subdivision 8 or section 97A.301.
Sec.
56. Minnesota Statutes 2007 Supplement,
section 97C.355, subdivision 8, is amended to read:
Subd.
8. Confiscation
of unlawful structures; civil penalty.
(a) Structures on the ice in violation of this section may be
confiscated and disposed of, retained by the division, or sold at the highest
price obtainable, in a manner prescribed by the commissioner.
(b) In
addition to other penalties provided by law, the owner of a structure left on
the ice in violation of this section is subject to a civil penalty under
section 115A.99.
(c)
This subdivision also applies to structures left on state public access sites
for more than 48 hours past the deadlines specified in subdivision 7.
Sec.
57. Minnesota Statutes 2006, section
97C.371, subdivision 4, is amended to read:
Subd.
4. Open
season. The open season for
spearing through the ice is December 1 November 15 to the last
second Sunday in February March.
Sec.
58. Minnesota Statutes 2006, section
97C.371, is amended by adding a subdivision to read:
Subd.
5. Nonresidents. Nonresidents may spear from a fish house
or dark house.
Sec.
59. Minnesota Statutes 2006, section
97C.395, subdivision 1, is amended to read:
Subdivision
1. Dates
for certain species. (a) The open
seasons to take fish by angling are as follows:
(1)
for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day
weekend to the last Sunday in February;
(2)
for lake trout, from January 1 to October 31;
(3)
for the winter season for lake trout on all lakes and streams, from January 15
to March 31;
(4) for brown trout, brook
trout, rainbow trout, and splake, between January 1 to October 31 as prescribed
by the commissioner by rule except as provided in section 97C.415, subdivision
2; and
(4) (5) for salmon, as prescribed
by the commissioner by rule.
(b)
The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.
Sec.
60. Minnesota Statutes 2006, section
97C.865, subdivision 2, is amended to read:
Subd.
2. Rules. The commissioner may adopt rules
establishing requirements for labeling and packing fish under a fish packer's
license. The commissioner shall
require only the license number of the fish packer, the name and license number
of the angler or person who lawfully possesses the fish, the name of the lake
the fish were caught on, the species of fish, and the number of fish to appear
on a label. The commissioner must not
allow sauger to be labeled as walleye.
Sec.
61. UNCASED FIREARMS REPORT.
(a)
The commissioner of natural resources shall submit a report to the legislature
by January 1, 2009, on uncased firearms that answers the questions listed
below.
(1)
How many other states have laws like Minnesota's governing uncased firearms?
(2)
Are there any studies that prove that uncased firearms laws like Minnesota's
reduce firearm-related accidents?
(3)
Is there evidence that more accidents occur loading and unloading firearms and
putting firearms in and out of cases than would occur if the firearms were not
required to be cased?
(4)
Are there any studies to prove that having a cased gun law reduces other
criminal violations? For example, there are thousands of tickets written for
uncased guns every year; is this the activity the state is trying to stop or is
the state trying to reduce other crimes? Is there any proof that by issuing
tickets Minnesota is stopping other crimes?
(5)
If the state cannot verify that it is reducing accidents or reducing other
criminal violations by writing uncased gun tickets, why is the state writing
them?
(6)
If the state is reducing other wildlife crimes such as shooting from the roadway,
how is it doing this?
(b)
The report must comply with Minnesota Statutes, sections 3.195 and 3.197, and
be submitted to the chairs of the house and senate committees with jurisdiction
over the environment and natural resources.
The commissioner may include additional information that the
commissioner feels is important to this issue.
Sec.
62. COCK PHEASANT BAG LIMIT; RULEMAKING.
The
commissioner of natural resources shall amend Minnesota Rules, part 6234.0400,
subpart 2, to allow a person to take up to three cock pheasants per day after
the 16th day of the pheasant season.
The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt the rule and
Minnesota Statutes, section 14.386, does not apply, except as provided under
Minnesota Statutes, section 14.388.
Sec.
63. BEAR HUNTING PERMIT DRAWING; RULEMAKING.
The
commissioner of natural resources shall adopt rules to comply with the changes
made to Minnesota Statutes, section 97B.405.
The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 14.386, does not
apply except as provided in Minnesota Statutes, section 14.388.
Sec.
64. NONRESIDENT SPEAR FISHING; RULEMAKING.
The
commissioner of natural resources shall adopt rules, including amending
Minnesota Rules, part 6262.0600, to allow taking fish by spear by
nonresidents. The commissioner may use
the good cause exemption under Minnesota Statutes, section 14.388, subdivision
1, clause (3), to adopt the rules.
Minnesota Statutes, section 14.386, does not apply except as provided
under Minnesota Statutes, section 14.388.
Sec.
65. WILD TURKEY HUNTING MANAGEMENT RECOMMENDATIONS.
The
commissioner of natural resources, in consultation with the National Wild
Turkey Federation, shall, by January 15, 2009, provide the legislature with
recommendations for future management of hunting wild turkeys in Minnesota.
Sec.
66. WALLEYE STOCKING ON LEECH LAKE.
While
continuing to study the effects of cormorant control on Leech Lake and the lack
of natural reproduction of the walleye, the commissioner of natural resources
shall stock Leech Lake with 25,000,000 walleye fry in calendar year 2009 and
with 25,000,000 walleye fry in calendar year 2010 unless the commissioner can
show evidence that the stocking is harmful to the lake's natural walleye
population or that the fishery has fully recovered.
Sec.
67. RULES.
The
commissioner of natural resources shall adopt rules in compliance with the
changes to Minnesota Statutes, sections 97C.205 and 97C.865, subdivision
2. The rules required by this section
are exempt from the rulemaking provisions of Minnesota Statutes, chapter
14. The rules are subject to Minnesota
Statutes, section 14.386, except that notwithstanding Minnesota Statutes,
section 14.386, paragraph (b), the rules continue in effect until repealed or
superseded by other law or rule. As
part of this rulemaking, the commissioner shall:
(1)
amend Minnesota Rules, part 6262.3250, by deleting item A and amending the part
so that labels required under item D are consistent with the new requirements
in Minnesota Statutes, section 97C.865, subdivision 2; and
(2)
amend Minnesota Rules, part 6262.0100, to allow the possession of fish on
special management or experimental waters for a meal, as provided in Minnesota
Statutes, section 97C.205.
Sec.
68. APPROPRIATION.
$102,000
in fiscal year 2009 is appropriated from the game and fish fund to the
commissioner of natural resources for the development of aquaculture best
management practices. The base in
fiscal year 2010 is $150,000. The base
for fiscal year 2011 is $0.
Sec.
69. REPEALER.
Minnesota
Statutes 2006, section 97A.411, subdivision 2, and Minnesota Rules, parts
6232.0200, subpart 4; 6232.0300, subpart 4; and 6234.0100, subpart 4, are
repealed."
Delete
the title and insert:
"A
bill for an act relating to natural resources; modifying aquatic farm and
invasive species provisions; authorizing certain fees; modifying horse pass
requirements; modifying report requirements for game and fish fund; providing
for wildlife disease management; modifying disposition of pheasant habitat
improvement account;
modifying
wild turkey management account; modifying hunting and fishing licensing and
taking provisions; requiring reports; providing for rulemaking; appropriating
money; amending Minnesota Statutes 2006, sections 17.4981; 84.027, subdivision
15; 84D.10, subdivision 2; 84D.13, subdivision 4; 85.46, subdivision 1;
97A.015, by adding a subdivision; 97A.045, subdivision 11; 97A.055, subdivision
4b; 97A.075, subdivisions 4, 5; 97A.311, subdivision 5; 97A.431, subdivision 2;
97A.433, subdivision 2; 97A.434, subdivision 2; 97A.435, subdivision 4;
97A.451, subdivision 4, by adding a subdivision; 97A.475, subdivision 5;
97A.485, subdivision 6; 97A.535, subdivision 1; 97B.015, subdivision 5;
97B.041; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301, subdivision
6, by adding a subdivision; 97B.405; 97B.431; 97B.621, subdivision 3; 97B.711,
subdivision 1; 97B.721; 97C.001, subdivision 3; 97C.005, subdivision 3;
97C.205; 97C.315, subdivision 1; 97C.355, subdivisions 4, 7, 7a; 97C.371,
subdivision 4, by adding a subdivision; 97C.395, subdivision 1; 97C.865,
subdivision 2; Minnesota Statutes 2007 Supplement, sections 17.4984,
subdivision 1; 97A.055, subdivision 4; 97A.405, subdivision 2; 97A.441,
subdivision 7; 97A.451, subdivision 3; 97A.475, subdivisions 2, 3, 7, 11, 12,
16; 97B.031, subdivision 1; 97B.035, subdivision 1a; 97B.036; 97B.328; 97C.355,
subdivisions 2, 8; proposing coding for new law in Minnesota Statutes, chapter
97C; repealing Minnesota Statutes 2006, section 97A.411, subdivision 2;
Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart 4; 6234.0100,
subpart 4."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Taxes.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
S. F.
No. 2564, A bill for an act relating to human services; modifying TANF
maintenance of effort programs; amending Laws 2007, chapter 147, article 19,
section 3, subdivision 1.
Reported
the same back with the following amendments:
Page
7, after line 16, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
With
the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. Nos. 2605, 2930, 3139, 3218, 3360, 3758, 3775 and 2564
were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Davnie and Mahoney introduced:
H. F. No. 4189, A bill for an act relating to convention and
events centers in the cities of the first class; requiring a study and report
to the 2009 legislature.
The bill was read for the first time and referred to the
Committee on Finance.
Kahn introduced:
H. F. No. 4190, A bill for an act relating to elections; city
elections in cities of the first class; providing for the election of certain
council members elected by ward after reapportionment; amending Minnesota
Statutes 2006, section 205.84, subdivision 1.
The bill was read for the first time and referred to the Committee
on Governmental Operations, Reform, Technology and Elections.
Eken introduced:
H. F. No. 4191, A bill for an act relating to natural
resources; modifying the Heartland Trail; amending Minnesota Statutes 2006,
section 85.015, subdivision 12.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Kahn introduced:
H. F. No. 4192, A bill for an act relating to elections;
requiring an affidavit of candidacy to state the candidate's residence address
and telephone number; prohibiting placement of a candidate on the ballot if
residency requirements are not met; amending Minnesota Statutes 2006, section
204B.06, subdivision 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Clark introduced:
H. F. No. 4193, A bill for an act relating to early childhood
education; establishing an early childhood education for homeless children
pilot project; appropriating money.
The bill was read for the first time and referred to the
Committee on E-12 Education.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 3138, A bill for an act relating to state government;
ratifying state labor contracts; amending Minnesota Statutes 2006, section
85A.02, subdivision 5a.
Colleen
J. Pacheco,
Second Assistant Secretary of the Senate
CONCURRENCE AND REPASSAGE
Bigham moved that the House concur in the Senate amendments to
H. F. No. 3138 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 3138, A bill for an act relating to state government;
requiring the legislative auditor to establish a compensation plan for
employees of the auditor, subject to legislative review and approval; ratifying
state labor contracts; amending Minnesota Statutes 2006, sections 3.855,
subdivision 3; 3.971, subdivision 2; 85A.02, subdivision 5a.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 123 yeas
and 8 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Drazkowski
Emmer
Finstad
Hamilton
Olson
The bill was repassed, as amended by the Senate, and its title
agreed to.
CONSENT CALENDAR
S. F. No. 2806, 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.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
CALENDAR FOR THE DAY
H. F. No. 2837 was reported to the House.
Thao moved to amend H. F.
No. 2837 as follows:
Page 6, after line 36,
insert:
"Sec. 6. Minnesota Statutes 2006, section 148.574, is
amended to read:
148.574 PROHIBITIONS RELATING TO LEGEND DRUGS; AUTHORIZING SALES BY
PHARMACISTS UNDER CERTAIN CONDITIONS.
An optometrist shall not
purchase, possess, administer, prescribe or give any legend drug as defined in
section 151.01 or 152.02 to any person except as is expressly authorized by
sections 148.571 to 148.577. Nothing in
chapter 151 shall prevent a pharmacist from selling topical ocular drugs to an
optometrist authorized to use such drugs according to sections 148.571 to
148.577. Notwithstanding sections
151.37 and 152.12, an optometrist is prohibited from dispensing legend drugs at
retail, unless the legend drug is within the scope designated in section
148.56, subdivision 1, and is administered to the eye through an ophthalmic
good as defined in section 145.711, subdivision 4."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 2837, A bill for an act relating to optometrist;
changing practice and licensing provisions; amending Minnesota Statutes 2006,
sections 148.56; 148.57; 148.571; 148.573, subdivision 1; 148.574; 148.575;
repealing Minnesota Statutes 2006, section 148.573, subdivisions 2, 3;
Minnesota Rules, part 6500.2100.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 3
nays as follows:
Those who voted in the affirmative were:
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Lenczewski
Morgan
Olson
The bill was passed, as amended, and its title agreed to.
S. F. No. 3084, A bill for an act relating to the city of
Duluth; correcting the legal description of the boundaries of the tracts of
land administered by the Spirit Mountain Recreation Area Authority; amending
Laws 1973, chapter 327, section 2, subdivision 1, as amended.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 1018, A bill for an act relating to health
occupations; changing provisions for physical therapy licensure; amending
Minnesota Statutes 2006, sections 148.65, by adding a subdivision; 148.76,
subdivision 2; Minnesota Statutes 2007 Supplement, section 148.75; repealing
Minnesota Rules, parts 5601.0100, subparts 5, 6, 7, 8; 5601.1200; 5601.1800;
5601.1900.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 1436, A bill for an act relating to state government;
defining political subdivision for the purposes of the chapter governing the
state auditor; applying provisions for the state auditor to all political
subdivisions; amending Minnesota Statutes 2006, sections 6.47; 6.51; 6.54;
6.55; 6.551; 6.57; 6.59; 6.60; 6.62, subdivision 2; 6.63; 6.64; 6.65; 6.66;
6.67; 6.68; 6.70; 6.71; 6.76; 103D.355; proposing coding for new law in
Minnesota Statutes, chapter 6; repealing Minnesota Statutes 2006, section 6.56,
subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0
nays as follows:
Those who voted in the affirmative were:
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
The Speaker called Hausman to the Chair.
S. F. No. 3082 was reported to the House.
Hortman moved to amend S. F. No. 3082, the
second engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 2940, the first engrossment:
"Section
1. Minnesota Statutes 2006, section
325F.6644, is amended to read:
325F.6644 APPLICATION.
Subdivision
1. Damage
disclosure. Sections
Section 325F.6641 and 325F.6642 do does not apply to vehicles
that are six years old or older as calculated from the first day of January of
the designated model year or to commercial motor vehicles with a gross vehicle weight
rating of 16,000 pounds or more or to motorcycles.
Subd.
2. Title
branding. Section 325F.6642
does not apply to commercial motor vehicles with a gross vehicle weight rating
of 16,000 pounds or more or to motorcycles, other than reconstructed vehicles,
as defined in section 168A.01, subdivision 16."
Delete the title and insert:
"A bill for an act relating to consumer protection;
modifying provisions relating to older motor vehicle title branding; amending
Minnesota Statutes 2006, section 325F.6644."
The motion prevailed and the amendment was adopted.
S. F. No. 3082, A bill for an act relating to motor vehicles;
permitting sale of impounded vehicles and contents after voluntary title
transfer; providing for notice of impound, right to reclaim contents, and
waiver of right; establishing right to retrieve contents without charge in
certain cases; limiting deficiency claim; providing for permit for oversize and
overweight tow trucks in certain cases; providing for disclosure of damage to
older vehicles; amending Minnesota Statutes 2006, sections 168B.051,
subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding a subdivision;
168B.08, subdivision 1; 168B.087, subdivision 1; 169.86, by adding a
subdivision; 325F.6644.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0
nays as follows:
Those who voted in the affirmative were:
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
S. F. No. 3070, A bill for an act relating to trust property;
authorizing the use of debit or credit cards to draw funds from custodial trust
accounts; amending Minnesota Statutes 2006, section 529.08.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
Peterson, N., and Ruud were excused between the hours of 1:50
p.m. and 3:40 p.m.
Erhardt was excused between the hours of 1:50 p.m. and 4:00
p.m.
H. F. No. 3372 was reported to the House.
Thissen moved to amend H. F.
No. 3372, the second engrossment, as follows:
Page 5, lines 22 and 29,
delete "promulgate" and insert "adopt"
Page 5, lines 25 and 31,
delete "promulgated" and insert "adopted"
The motion prevailed and the amendment was adopted.
H. F. No. 3372, A bill for an act relating to health; changing
provisions for uniform billing forms and electronic claim filing; establishing
compliance procedures for electronic transactions; amending Minnesota Statutes
2006, sections 62J.51, subdivisions 17, 18; 62J.52, subdivision 4; 62J.59;
72A.201, subdivision 4; Minnesota Statutes 2007 Supplement, sections 62J.52,
subdivisions 1, 2; 62J.536, subdivision 1, by adding subdivisions; repealing
Minnesota Statutes 2006, sections 62J.52, subdivision 5; 62J.58.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 121 yeas and 8
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Dean
Drazkowski
Emmer
Finstad
Heidgerken
Olson
The bill was passed, as amended, and its title agreed to.
S. F. No. 3135, A bill for an act relating to health; adding
volunteer protections for the Minnesota Responds Medical Reserve Corps
volunteers; creating the Minnesota Responds Medical Reserve Corps; establishing
volunteer health practitioner status during an emergency declaration;
authorizing interstate assistance by local governments; amending Minnesota
Statutes 2006, sections 12.22, subdivision 2a; 145A.04, by adding subdivisions;
145A.06, by adding subdivisions; 176.011, subdivision 9; proposing coding for
new law in Minnesota Statutes, chapter 192.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
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
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 3397, A bill for an act relating to business
organizations; providing for the return of documents submitted to the secretary
of state; regulating foreign cooperatives; removing the request that the
attorney general and the Department of Revenue be notified of the dissolution
of foreign cooperatives and nonprofit corporations; allowing foreign limited
liability partnerships to use alternative names under certain circumstances;
eliminating contest of name filings; amending Minnesota Statutes 2006, sections
47.12, subdivision 2; 60A.07, subdivision 1; 303.11; 303.17, subdivision 4;
308A.005, by adding a subdivision; 308B.211, subdivision 2; 308B.221,
subdivision 4; 317A.823, subdivision 2; 321.0108; 323A.1102; proposing coding
for new law in Minnesota Statutes, chapters 5; 308A; 308B; repealing Minnesota
Statutes 2006, sections 5.22; 302A.115, subdivision 8; 303.05, subdivision 4;
308A.121, subdivision 3; 308B.151; 317A.115, subdivision 6; 322B.12,
subdivision 6.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
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
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 3202, A bill for an act relating to state government;
codifying the transfer of employee relations duties to the Department of
Finance and other agencies; amending Minnesota Statutes 2006, sections 15.01;
15.06, subdivision 1; 15A.0815, subdivision 2; 16A.055, subdivision 1; 16B.87,
subdivision 1; 43A.04, subdivisions 1, 2, 9; 43A.044; 43A.05, subdivisions 1,
6; 43A.06, subdivisions 1, 3; 43A.08, subdivision 1a; 43A.17, subdivision 8;
43A.183, subdivisions 3, 4, 5; 43A.23, subdivision 2; 43A.30, subdivisions 4,
5; 43A.311; 43A.48; 176.541, subdivisions 2, 3, 4, 6; 176.571; 176.572;
176.581; 176.591, subdivision 3; 176.603; 176.611, subdivisions 2, 2a, 3a;
356.215, subdivision 2a; Minnesota Statutes 2007 Supplement, sections 16B.04,
subdivision 2; 43A.50, subdivisions 1, 2; 136F.42, subdivision 1; 353.03,
subdivision 3; repealing Minnesota Statutes 2006, sections 43A.03; 176.5401.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 127 yeas and 2
nays as follows:
Those who voted in the affirmative were:
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
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who
voted in the negative were:
Jaros
Rukavina
The bill was passed and its title agreed to.
S. F. No. 3362, A bill for an act relating to police officers;
permitting police officers to be represented by an attorney and a union
representative at disciplinary hearing; amending Minnesota Statutes 2006,
section 626.89, subdivision 9.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
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
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 2667 was reported to the House.
Thissen moved to amend S. F. No. 2667 as follows:
Page 1, line 22, reinstate "This paragraph expires August
1," and after the stricken "2009" insert "2011"
and reinstate the period
The motion prevailed and the amendment was adopted.
S. F. No. 2667, A bill for an act relating to health; extending
two-year moratorium on radiation therapy facility construction in certain
counties; amending Minnesota Statutes 2007 Supplement, section 144.5509.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 103 yeas and 26
nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilty
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Drazkowski
Emmer
Erickson
Finstad
Greiling
Hackbarth
Hilstrom
Holberg
Hoppe
Huntley
Nornes
Olson
Seifert
Slawik
Smith
Westrom
Zellers
The bill was passed, as amended, and its title agreed to.
S. F. No. 1918 was reported to the House.
Masin moved to amend S. F.
No. 1918, the second engrossment, as follows:
Page 2, line 10, delete
everything after "(12)" and insert "one representative
from the Office of Enterprise Technology."
Page 2, delete lines 25 to
34 and insert:
"(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 established in clause (1),
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."
Page 3, delete lines 1 to 3
The motion prevailed and the amendment was adopted.
Howes and Simpson moved to
amend S. F. No. 1918, the second engrossment, as amended, as follows:
Page 1, line 8, after "goal"
insert "in the seven-county metropolitan area"
Page 1, line 22, delete
everything after "counties"
Page 1, line 23, delete
everything before the semicolon
Page 2, line 2, delete
everything after "metropolitan area cities" and insert a
semicolon
Page 2, line 12, delete
everything after "Washington"
Page 2, line 13, delete
everything before the period
Page 2, line 23, after
"goal" insert "in the seven-county metropolitan area"
The motion did not prevail and the amendment was not adopted.
S. F. No. 1918, A bill for an act relating to
telecommunications; creating the Ultra High-Speed Broadband Task Force.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 98 yeas and 33
nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Buesgens
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Zellers
The bill was passed, as amended, and its title agreed to.
S. F. No. 2755, A bill for an act relating to transportation;
permitting deputy registrar office to be moved in city of New Prague.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
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
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 1578 was reported to the House.
Gardner moved to amend S. F.
No. 1578 as follows:
Page 1, delete lines 19 to
21 and insert:
"(c) A consumer who
makes a written request by mail may pay any fee charged pursuant to this
subdivision by check, money order, or credit card. A consumer who makes a request by telephone or other electronic
media may pay any fee charged pursuant to this subdivision by credit card."
The motion prevailed and the amendment was adopted.
S. F. No. 1578, A bill for an act relating to consumer
protection; regulating security freezes on consumer reports; providing for
payment of fees; amending Minnesota Statutes 2006, section 13C.016, subdivision
8.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
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
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
S. F. No. 2765 was reported to the House.
Dominguez moved to amend S.
F. No. 2765 as follows:
Page 1, line 16, after
"licensees" insert ", or persons acting on their
behalf,"
The motion prevailed and the amendment was adopted.
Morrow and Dominguez moved
to amend S. F. No. 2765, as amended, as follows:
Page 2, line 10, delete
"or"
Page 2, line 11, delete the
period and insert a semicolon
Page 2, after line 11,
insert:
"(4) direct contact
initiated by an ambulance service licensed under chapter 144E, a medical
response unit registered under section 144E.275, or by the emergency department
of a hospital licensed under chapter 144, for the purpose of rendering
emergency care; or
(5) a situation in which the
injured person:
(i) had a prior professional
relationship with the licensee;
(ii) has selected that
licensee as the licensee from whom the injured person receives health care; or
(iii) has received treatment
related to the accident from the licensee."
The motion prevailed and the amendment was adopted.
Emmer offered an amendment to S. F. No. 2765, as
amended.
POINT
OF ORDER
Dominguez raised a point of order pursuant to rule 3.21 that
the Emmer amendment was not in order.
Speaker pro tempore Hausman ruled the point of order well taken and the
Emmer amendment out of order.
Seifert appealed the decision of Speaker pro tempore Hausman.
A roll call was requested and properly seconded.
CALL
OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Anderson, B.
Anderson, 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
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Kohls
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Sertich moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
The vote was taken on the question "Shall the decision of
Speaker pro tempore Hausman stand as the judgment of the House?" and the
roll was called. There were 85 yeas and
46 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
So it was the judgment of the House that the decision of
Speaker pro tempore Hausman should stand.
CALL
OF THE HOUSE LIFTED
Sertich moved that the call of the House be lifted. The motion prevailed and it was so ordered.
S. F. No. 2765, A bill for an act relating to insurance;
regulating auto insurance; regulating certain claims practices; amending
Minnesota Statutes 2006, section 65B.54, by adding a subdivision.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 118 yeas and 14
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
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
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Buesgens
Dettmer
Drazkowski
Eastlund
Emmer
Hackbarth
Holberg
Hoppe
Kohls
Olson
Severson
Shimanski
Zellers
The bill was passed, as amended, and its title agreed to.
S. F. No. 2915 was reported to the House.
Kohls; Peterson, N., and
Mullery moved to amend S. F. No. 2915, the second engrossment, as follows:
Page 2, line 2, strike
"$8,500" and insert "$25,000"
The motion prevailed and the amendment was adopted.
S. F. No. 2915, A bill for an act relating to judicial process;
modifying certain civil and criminal penalties; amending Minnesota Statutes
2006, section 363A.29, subdivision 4; Minnesota Statutes 2007 Supplement,
section 609.822, subdivision 3.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 124 yeas and 7
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Buesgens
Drazkowski
Emmer
Erickson
Hackbarth
Olson
The bill was passed, as amended, and its title agreed to.
S. F. No. 3622 was reported to the House.
Berns moved to amend S. F.
No. 3622 as follows:
Page 3, after line 17,
insert:
"Sec. 9. Minnesota Statutes 2006, section 471.345, is
amended by adding a subdivision to read:
Subd. 20. Additional public
notice when sealed bids not used.
(a) Before entering into a contract under this section for which
sealed bids are not used, the municipality must publish notice in the local
newspaper specifying whom the municipality obtained quotations from or
negotiated with, what the contract is for, the estimated cost of the contract,
and the estimated amount of time it will take to complete the contract. Within 30 days of making final payment on a
contract entered into without following the sealed bidding process, the
municipality must publish in the local newspaper the name and address of the
contractor, what the contract was for, the estimated cost of the contract and
the actual cost of the contract, and the time it took to complete the contract.
(b) The requirements in
paragraph (a) apply to contracts specified in subdivisions 4 and 4a."
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Speaker pro tempore Hausman called Juhnke to the Chair.
DeLaForest moved to amend S.
F. No. 3622 as follows:
Page 3, after line 17, insert:
"Sec. 9. Minnesota Statutes 2006, section 471.345, is
amended by adding a subdivision to read:
Subd. 20. Antikickback
certification. A
municipality must not enter into a contract for construction, alteration,
repairs, or maintenance work, unless the contractor certifies, as a condition
of the contract, that the contractor has not received any kickbacks or other
payments from unions representing employees who would perform work under the
contract that are related to the contractor's bid or proposal to perform work
under the contract."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the DeLaForest amendment and the roll
was called. There were 42 yeas and 90
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Magnus
McNamara
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Eastlund moved to amend S.
F. No. 3622 as follows:
Page 2, delete section 5
Page 3, delete section 7
Page 3, line 14, strike
everything after the period
Page 3, strike lines 15 to
17
Page 3, after line 17,
insert:
"Sec. 9. REPEALER.
Minnesota Statutes 2007
Supplement, section 471.345, subdivisions 3a and 4a, are repealed."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Eastlund amendment and the roll
was called. There were 39 yeas and 93
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Dean
DeLaForest
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Urdahl
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Severson moved to amend S.
F. No. 3622 as follows:
Page 2, delete sections 4 to
6
Page 3, delete sections 7
and 8
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Severson amendment and the roll
was called. There were 28 yeas and 103
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Beard
Berns
Buesgens
DeLaForest
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kohls
Magnus
Olson
Paulsen
Peppin
Seifert
Severson
Shimanski
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder