STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED SEVENTH DAY
Saint Paul, Minnesota, Thursday, April 24,
2008
The House of Representatives convened at 9:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Pastor Matt Morrell, Chisago Lakes
Baptist Church, Chisago City, 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
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
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
Kranz
Laine
Lanning
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Beard, Lesch, Thissen, Tingelstad and Walker were excused.
Lenczewski, Olson and Peterson, A., were excused until 10:05
a.m. Hoppe was excused until 10:20
a.m. Ruud was excused until 10:50
a.m. DeLaForest was excused until 12:05
p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Haws 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. 3363 and
H. F. No. 3587, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Solberg moved that the rules be so far suspended that
S. F. No. 3363 be substituted for H. F. No. 3587
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3370 and
H. F. No. 3702, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Kalin moved that S. F. No. 3370 be substituted
for H. F. No. 3702 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Lenczewski
from the Committee on Taxes to which was referred:
H. F.
No. 3590, A bill for an act relating to waters; establishing a ground water
monitoring charge; amending Minnesota Statutes 2006, section 103G.271,
subdivision 6.
Reported
the same back with the following amendments:
Page
3, line 17, delete "state" and insert "counties of
Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 4164, A bill for an act relating to natural resources; providing for
wildlife disease management; providing civil penalties; amending Minnesota
Statutes 2006, section 97A.045, subdivision 11.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. 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 within a 15-mile radius of
a cattle herd that is infected with bovine tuberculosis. the modified
accredited bovine tuberculosis zone proposed by the Board of Animal Health
until the zone is upgraded by the United States Department of Agriculture to a
bovine tuberculosis status of modified accredited advanced or better. In addition to any other penalties provided
by law, a person who violates wildlife feeding restrictions required under this
paragraph may not obtain a hunting license to take a wild animal for two years
after the date of conviction.
The
following restrictions on wildlife feeding activities are in effect within the
modified accredited bovine tuberculosis zone:
(1)
except as provided in clauses (2) and (3), a person may not place or distribute
feed in an area frequented by deer or elk or knowingly allow another person to
place or distribute feed on property under the person's ownership or
lease. For purposes of this paragraph,
"feed" means grains, fruits, vegetables, nuts, hay, or other food
that is capable of attracting or enticing deer or elk. Liquid scents are not feed;
(2)
unless otherwise prescribed by the commissioner, wildlife feeding is allowed if
the feed is placed in such a manner as to exclude access to deer and elk or the
feed is placed at least six feet above the ground; and
(3)
the prohibition in clause (1) does not apply to feed that is present solely as
a result of normal agriculture, forest management, or wildlife feed planting
practices. It also does not apply to
feed that is for agricultural or livestock purposes if the feed is:
(i)
placed for domestic livestock that are present and actively consuming the feed
on a daily basis;
(ii)
covered to deter deer or elk from gaining access to the feed; or
(iii)
stored consistently with normal agricultural practices.
(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."
Delete
the title and insert:
"A
bill for an act relating to natural resources; providing for bovine
tuberculosis management; providing civil penalties; amending Minnesota Statutes
2006, section 97A.045, subdivision 11."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Rules and Legislative Administration.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. Nos. 3363 and 3370 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Gottwalt; Severson; Thissen; Marquart; DeLaForest; Murphy, E.;
Hausman; Rukavina; Thao; Dittrich; Garofalo; Masin; Nelson; Ruud; Clark; Simon;
Lieder; Gunther; Smith; Simpson; Peterson, N.; Mahoney; Lanning; Beard;
Hackbarth; Bunn; Tillberry; Koenen; Tingelstad; Tschumper; Benson; Carlson;
Eastlund; Anderson, B., and Olson introduced:
H. F. No. 4212, A bill for an act relating to education;
allowing charter school students to participate in extracurricular activities
in their resident school district; amending Minnesota Statutes 2006, sections
123B.36, subdivision 1; 123B.49, subdivision 4; 124D.10, subdivision 8.
The bill was read for the first time and referred to the
Committee on E-12 Education.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 2904, A bill for an act relating to state government
operations; establishing procedures for state agencies to assist communities to
recover from a natural disaster; proposing coding for new law as Minnesota Statutes,
chapter 12A.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Pelowski moved that the House concur in the Senate amendments
to H. F. No. 2904 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 2904, A bill for an act relating to state government
operations; establishing procedures for state agencies to assist communities to
recover from a natural disaster; proposing coding for new law as Minnesota
Statutes, chapter 12A.
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 116 yeas
and 6 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
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
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Emmer
Hackbarth
Peppin
Shimanski
The bill was repassed, as amended by the Senate, and its title
agreed to.
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. 3569, A bill for an act relating to workers' health;
directing the University of Minnesota to study workers' health including lung
health; appropriating money.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Rukavina moved that the House concur in the Senate amendments
to H. F. No. 3569 and that the bill be repassed as amended by
the Senate. The motion prevailed.
H. F. No. 3569, A bill for an act relating to workers' health;
directing the University of Minnesota to study workers' health including lung
health; appropriating money.
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 121 yeas
and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
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
Kranz
Laine
Lanning
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, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
The bill was repassed, as amended by the Senate, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 2379, A bill for an act relating to eminent domain; amending provisions
concerning reestablishment costs limit; amending Minnesota Statutes 2006,
sections 117.51; 117.52, subdivision 1a.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Bakk, Murphy and Ortman.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Dill moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 2379. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 2605, A bill for an act relating to the Metropolitan Council; providing for
staggered terms of Metropolitan Council members; amending Minnesota Statutes
2006, section 473.123, subdivision 2a.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Saltzman, Bonoff and Gerlach.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Peterson, S., moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 2605. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 2876, A bill for an act relating to animals; changing provisions regulating
dangerous dogs and dogs at certain establishments; imposing penalties; amending
Minnesota Statutes 2006, sections 347.50, by adding a subdivision; 347.51,
subdivisions 2, 2a, 3, 4, 7, 9; 347.52; 347.53; 347.54, subdivisions 1, 3;
347.55; 347.56; proposing coding for new law in Minnesota Statutes, chapters
157; 347.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Anderson, Dibble and Limmer.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Paymar moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 2876. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 2881, A bill for an act relating to commerce; regulating contracts for
deed, rates of interest on certain contracts, and mortgage lending; providing
verification of the borrower's reasonable ability to repay a mortgage loan;
providing penalties and remedies for a mortgage broker's failure to comply with
the broker's duties of agency; amending Minnesota Statutes 2006, sections
47.20, subdivision 2; 334.01, subdivision 2; Minnesota Statutes 2007
Supplement, sections 58.13, subdivision 1; 58.18, subdivisions 1, 2.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Scheid, Sparks and Vandeveer.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Davnie moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 2881. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 3138, A bill for an act relating to health; changing provisions for
handling genetic information; amending Minnesota Statutes 2006, sections
13.386, subdivision 3; 144.05, by adding a subdivision; Minnesota Statutes 2007
Supplement, section 144.125, subdivision 3.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Lynch, Rosen and Moua.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Kahn moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 3138. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 3303, A bill for an act relating to the city of Minneapolis; authorizing
the creation of a nonprofit riverfront revitalization corporation; requiring a
report.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Higgins, Dibble and Senjem.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Loeffler moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 3303. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 3492, A bill for an act relating to public safety; extending the duration
of orders for protection and restraining orders after multiple violations or
continued threats; amending Minnesota Statutes 2006, sections 518B.01,
subdivisions 6, 6a, 11, 18; 609.748, subdivisions 3, 5, 8.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Clark; Olson, M., and Ingebrigtsen.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Hosch moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 3492. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F.
No. 3563, A bill for an act relating to human services; making changes to continuing
care provisions; clarifying licensing fines; clarifying senior nutrition
appropriations; amending local certification requirements;
amending
Minnesota Statutes 2007 Supplement, sections 245A.07, subdivision 3; 256B.49,
subdivision 16a; Laws 2007, chapter 147, article 19, section 3, subdivision 8.
The
Senate respectfully requests that a Conference Committee be appointed
thereon. The Senate has appointed as
such committee:
Senators
Erickson Ropes, Fischbach and Olson, M.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Norton moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 3563. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the House
amendments to the following Senate File:
S. F.
No. 3674, A bill for an act relating to legislation; correcting erroneous,
ambiguous, and omitted text and obsolete references; eliminating certain
redundant, conflicting, and superseded provisions; making miscellaneous
technical corrections to statutes and other laws; amending Minnesota Statutes
2006, sections 13.202, subdivision 3; 13.322, subdivision 1; 13.3806,
subdivision 1; 13.635, subdivision 1; 13.681, subdivision 1; 13.712,
subdivision 1; 13.83, subdivision 10; 13.871, subdivisions 1, 6; 17.117,
subdivision 3; 46.044, subdivision 1; 72A.20, subdivision 11; 103F.725,
subdivision 1a; 103I.005, subdivision 22; 103I.311, subdivision 3; 115A.554;
123B.88, subdivision 19; 124D.59, subdivision 3; 126C.17, subdivision 9;
144.396, subdivision 9; 144.581, subdivision 1; 144A.461; 145B.02, subdivision
5; 148.736, subdivisions 2, 3; 169.01, subdivision 4b; 169.421, subdivision 5;
169.448, subdivision 1; 171.12, subdivision 2a; 174.03, subdivision 8; 175.35;
237.411, subdivision 5; 244.08; 256.98, subdivision 7; 256B.04, subdivision 16;
256B.35, subdivision 1; 256J.30, subdivision 9; 256J.32, subdivision 4;
256J.42, subdivisions 5, 6; 256J.425, subdivisions 5, 6; 256J.46, subdivision
1; 256J.50, subdivision 1; 256J.521, subdivision 4; 256J.54, subdivision 5;
260B.235, subdivision 5; 260C.007, subdivision 6; 270.81, subdivision 1;
270.82, subdivision 1; 270.83, subdivision 3; 273.1398, subdivision 6; 275.065,
subdivision 5a; 282.01, subdivision 1b; 289A.08, subdivision 7; 289A.63,
subdivision 6; 290.0921, subdivision 3; 297A.70, subdivision 13; 298.282,
subdivision 2; 300.15; 300.64, subdivision 4; 321.0108; 332.30; 352.03,
subdivision 11; 352.119, subdivision 3; 354.07, subdivision 3; 354A.12,
subdivisions 1, 2a; 356.30, subdivision 1; 356.65, subdivision 2; 386.015,
subdivision 5; 422A.101, subdivision 2; 424A.02, subdivision 8a; 458D.18,
subdivision 9; 469.153, subdivision 2; 480.182; 484.012; 501B.86, subdivision
2; 508A.22, subdivision 3; 518C.310; 550.04; 609.101, subdivision 3; 609.75,
subdivision 1; 609B.121; 609B.164; 609B.265, subdivision 3; 609B.515; 611.272;
Minnesota Statutes 2007 Supplement, sections 16C.03, subdivision 10; 103I.235,
subdivision 1; 136A.127, subdivision 8; 144.121, subdivision 5b; 148.67,
subdivision 1; 183.57, subdivision 2; 183.59; 216B.1637; 256.01, subdivision
23; 256.476, subdivision 4; 256B.0915, subdivisions 3a, 3e; 256B.49,
subdivision 16a; 256J.49, subdivision 13; 256J.55, subdivision 1; 268.101,
subdivision 2; 325E.386, subdivision 1; 326.91, subdivision 1; 352.01,
subdivision 2b; 446A.051, subdivision 1; 446A.072, subdivision 5a; Laws 2007,
chapter 147, article 19, section 3, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 609B; repealing Minnesota Statutes 2006,
sections 35.701; 35.96, subdivision 5; 62Q.64; 216C.30, subdivision 4; 256E.21,
subdivision 3; 289A.11, subdivision 2; 383D.47; 473.1551, subdivision 1;
473.553, subdivision 14; 473.616; 484.69, subdivision 1a; 525.091, subdivision
2; Laws 2006, chapter 270, article 2, section 13; Laws 2007, chapter 128,
article 6, section 16; Laws 2007, chapter 134, article 1, section 8; Laws 2007,
chapter 147, article 1, section 32.
The
Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators
Moua, Bakk and Limmer.
Said
Senate File is herewith transmitted to the House with the request that the
House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Olin moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 3674. The motion prevailed.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested immediate
consideration of S. F. No. 3683.
S. F. No. 3683 was reported to the House.
Juhnke moved to amend S. F. No. 3683, the third
engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 3902, the third engrossment:
"ARTICLE
1
AGRICULTURE
POLICY
Section
1. [17.118]
LIVESTOCK INVESTMENT GRANT PROGRAM.
Subdivision
1. Establishment. The commissioner may award a livestock
investment grant to a person who raises livestock in this state equal to ten
percent of the first $500,000 of qualifying expenditures, provided the person
makes qualifying expenditures of at least $4,000. The commissioner may award multiple livestock investment grants
to a person over the life of the program as long as the cumulative amount does
not exceed $50,000.
Subd.
2. Definitions. (a) For the purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b)
"Livestock" means beef cattle, dairy cattle, swine, poultry, goats,
mules, farmed cervidae, ratitae, bison, sheep, and llamas.
(c)
"Qualifying expenditures" means the amount spent for:
(1)
the acquisition, construction, or improvement of buildings or facilities for
the production of livestock or livestock products;
(2)
the development of pasture for use by livestock including, but not limited to,
the acquisition, development, or improvement of:
(i)
raceways used by dairy cows returning from pasture to a central location for
milking;
(ii)
watering systems for livestock on pasture including water lines and booster
pumps and well installations; and
(iii)
livestock stream crossing stabilization; or
(3)
the acquisition of equipment for livestock housing, confinement, feeding, and
waste management including, but not limited to, the following:
(i)
freestall barns;
(ii)
watering facilities;
(iii)
feed storage and handling equipment;
(iv)
milking parlors;
(v)
robotic equipment;
(vi)
scales;
(vii)
milk storage and cooling facilities;
(viii)
bulk tanks;
(ix)
computer hardware and software and associated equipment used to monitor the
productivity and feeding of livestock;
(x)
manure pumping and storage facilities;
(xi)
swine farrowing facilities;
(xii)
swine and cattle finishing barns;
(xiii)
calving facilities;
(xiv)
digesters;
(xv)
equipment used to produce energy;
(xvi)
on-farm processing facilities and equipment; and
(xvii)
fences.
Except
for qualifying pasture development expenditures under clause (2), qualifying
expenditures only include amounts that are allowed to be capitalized and
deducted under either section 167 or 179 of the Internal Revenue Code in
computing federal taxable income.
Qualifying expenditures do not include an amount paid to refinance
existing debt.
(d)
"Qualifying period" means, for a grant awarded during a fiscal year,
that full calendar year of which the first six months precede the first day of
the current fiscal year. For example,
an eligible person who makes qualifying expenditures during calendar year 2008
is eligible to receive a livestock investment grant between July 1, 2008, and
June 30, 2009.
Subd.
3. Eligibility. (a) To be eligible for a livestock
investment grant, a person must:
(1)
be a resident of Minnesota or an entity authorized to farm in this state under
section 500.24, subdivision 3;
(2)
be the principal operator of the farm;
(3)
hold an appropriate feedlot registration; and
(4)
apply to the commissioner on forms prescribed by the commissioner including a
statement of the qualifying expenditures made during the qualifying period
along with any proof or other documentation the commissioner may require.
(b)
The $50,000 maximum grant applies at the entity level for partnerships, S
corporations, C corporations, trusts, and estates as well as at the individual
level. In the case of married
individuals, the grant is limited to $50,000 for a married couple.
Subd.
4. Process. The commissioner shall review completed
applications and award grants to eligible applicants in the order in which
applications were received by the commissioner. The commissioner shall certify eligible applications up to the
amount appropriated for a fiscal year.
The commissioner must place any additional eligible applications on a
waiting list and, notwithstanding subdivision 2, paragraph (c), give them
priority during the next fiscal year.
The commissioner shall notify in writing any applicant who applies for a
grant and is ineligible under the provisions of this section as well as any
applicant whose application is received or reviewed after the fiscal year
funding limit has been reached.
Subd.
5. Livestock
investment grant account. A
livestock investment grant account is hereby established in the agricultural
fund to receive general fund appropriations and money transferred from other
accounts. Any interest earned on money
in the account accrues to the account.
Money in the account is appropriated to the commissioner for the
purposes of the livestock investment grant program, including costs incurred to
administer the program.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 18B.065, subdivision 1, is amended to read:
Subdivision
1. Collection
and disposal. The commissioner of
agriculture shall establish and operate a program to collect and dispose of waste
pesticides. The program must be made
available to agriculture agricultural and residential pesticide
end users whose waste generating activity occurs in this state.
EFFECTIVE DATE. This section is effective July 1, 2008, and applies to all
cooperative agreements entered into by the commissioner of agriculture and
local units of government for waste pesticide collection and disposal after
that date.
Sec.
3. Minnesota Statutes 2006, section
18B.065, subdivision 2, is amended to read:
Subd.
2. Implementation. (a) The commissioner may obtain a United
States Environmental Protection Agency hazardous waste identification number to
manage the waste pesticides collected.
(b)
The commissioner may not limit the type and quantity of waste pesticides
accepted for collection and may not assess pesticide end users for
portions of the costs incurred.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 18B.065, subdivision 2a, is amended to read:
Subd.
2a. Disposal site requirement. (a)
For agricultural waste pesticides, the commissioner must designate a place
in each county of the state that is available at least every other year
for persons to dispose of unused portions of agricultural pesticides in
accordance with subdivision 1. The
commissioner shall consult with the person responsible for solid waste
management and disposal in each county to determine an appropriate location
and to advertise each collection event.
(b)
For residential waste pesticides, the commissioner must provide periodic
disposal opportunities each year in each county. As provided under subdivision 7, the commissioner may enter into
agreements with county or regional solid waste management entities to provide
these collections and shall provide these entities with funding for all costs
incurred including, but not limited to, related supplies, transportation,
advertising, and disposal costs as well as reasonable overhead costs.
(c)
The person responsible for waste pesticide collections under paragraphs (a) and
(b) shall record information on each waste pesticide product collected
including, but not limited to, the product name, active ingredient or
ingredients, and the quantity. The
person must submit this information to the commissioner at least annually.
EFFECTIVE DATE. This section is effective July 1, 2008, and applies to all
cooperative agreements entered into by the commissioner of agriculture and
local units of government for waste pesticide collection and disposal after
that date.
Sec.
5. Minnesota Statutes 2006, section
18B.065, subdivision 7, is amended to read:
Subd.
7. Cooperative
agreements. The commissioner may
enter into cooperative agreements with state agencies and local units of
government for administration of the waste pesticide collection program. The commissioner shall ensure that the
program is carried out in all counties.
If the commissioner cannot contract with another party to administer the
program in a county, the commissioner shall perform collections according to
the provisions of this section.
Sec.
6. Minnesota Statutes 2006, section
18B.07, subdivision 2, is amended to read:
Subd.
2. Prohibited
pesticide use. (a) A person may not
use, store, handle, distribute, or dispose of a pesticide, rinsate, pesticide
container, or pesticide application equipment in a manner:
(1)
that is inconsistent with a label or labeling as defined by FIFRA;
(2)
that endangers humans, damages agricultural products, food, livestock, fish, or
wildlife; or
(3)
that will cause unreasonable adverse effects on the environment.
(b) A
person may not direct a pesticide onto property beyond the boundaries of the
target site. A person may not apply a
pesticide resulting in damage to adjacent property.
(c) A
person may not directly apply a pesticide on a human by overspray or target
site spray, except when:
(1)
the pesticide is intended for use on a human;
(2)
the pesticide application is for mosquito control operations;
(3)
the pesticide application is for control of gypsy moth, forest tent
caterpillar, or other pest species, as determined by the commissioner, and the
pesticide used is a biological agent; or
(4)
the pesticide application is for a public health risk, as determined by the
commissioner of health, and the commissioner of health, in consultation with
the commissioner of agriculture, determines that the application is warranted
based on the commissioner's balancing of the public health risk with the risk
that the pesticide application poses to the health of the general population,
with special attention to the health of children.
(d)
For pesticide applications under paragraph (c), clause (2), the following
conditions apply:
(1) no
practicable and effective alternative method of control exists;
(2) the
pesticide is among the least toxic available for control of the target pest;
and
(3)
notification to residents in the area to be treated is provided at least 24
hours before application through direct notification, posting daily on the
treating organization's Web site, if any, and by sending a broadcast e-mail to
those persons who request notification of such, of those areas to be treated by
adult mosquito control techniques during the next calendar day. For control operations related to human
disease, notice under this paragraph may be given less than 24 hours in
advance.
(e)
For pesticide applications under paragraph (c), clauses (3) and (4), the
following conditions apply:
(1) no
practicable and effective alternative method of control exists;
(2) the
pesticide is among the least toxic available for control of the target pest;
and
(3)
notification of residents in the area to be treated is provided by direct
notification and through publication in a newspaper of general circulation
within the affected area.
(f)
For purposes of this subdivision, "direct notification" may include
mailings, public meetings, posted placards, neighborhood newsletters, or other
means of contact designed to reach as many residents as possible. Public meetings held to meet this
requirement for adult mosquito control, under paragraph (d), must be held
within each city or town where the pesticide treatments are to be made, at a
time and location that is convenient for residents of the area where the
treatments will occur.
(g) A
person may not apply a pesticide in a manner so as to expose a worker in an
immediately adjacent, open field.
(h)
Except for public health purposes, it is a violation of this chapter to apply
for hire a pesticide to the incorrect site or to a site where an application
has not been requested, ordered, or contracted for by the property owner or
lawful manager or property manager of the site, notwithstanding that the
application is done in a manner consistent with the label or labeling.
Sec.
7. Minnesota Statutes 2007 Supplement,
section 18B.26, subdivision 3, is amended to read:
Subd.
3. Application
fee. (a) A registrant shall pay an
annual application fee for each pesticide to be registered, and this fee is set
at 0.4 percent of annual gross sales within the state and annual gross sales of
pesticides used in the state, with a minimum nonrefundable fee of $250. The registrant shall determine when and
which pesticides are sold or used in this state. The registrant shall secure sufficient sales information of
pesticides distributed into this state from distributors and dealers,
regardless of distributor location, to make a determination. Sales of pesticides in this state and sales
of pesticides for use in this state by out-of-state distributors are not exempt
and must be included
in the
registrant's annual report, as required under paragraph (c), and fees shall be
paid by the registrant based upon those reported sales. Sales of pesticides in the state for use
outside of the state are exempt from the application fee in this paragraph if
the registrant properly documents the sale location and distributors. A registrant paying more than the minimum
fee shall pay the balance due by March 1 based on the gross sales of the
pesticide by the registrant for the preceding calendar year. The fee for disinfectants and sanitizers
shall be the minimum. The minimum fee
is due by December 31 preceding the year for which the application for
registration is made. The
commissioner shall spend at least $400,000, not including the commissioner's
administrative costs, per fiscal year from the pesticide regulatory account for
the purposes of the waste pesticide collection program. In each fiscal
year, the commissioner shall allocate from the pesticide regulatory account a sum
sufficient to collect and dispose of waste pesticides under section
18B.065. However, notwithstanding
section 18B.065, if at the end of any fiscal year the balance in the pesticide
regulatory account is less than $1,000,000, the commissioner may suspend waste
pesticide collections or provide partial payment to a person for waste
pesticide collection. The commissioner
must notify as soon as possible and no later than August 1 a person under
contract to collect waste pesticides of an anticipated suspension or payment
reduction.
(b) An
additional fee of $100 must be paid by the applicant for each pesticide to be
registered if the application is a renewal application that is submitted after
December 31.
(c) A
registrant must annually report to the commissioner the amount and type of each
registered pesticide sold, offered for sale, or otherwise distributed in the
state. The report shall be filed by
March 1 for the previous year's registration.
The commissioner shall specify the form of the report and require
additional information deemed necessary to determine the amount and type of
pesticides annually distributed in the state.
The information required shall include the brand name, amount, and
formulation of each pesticide sold, offered for sale, or otherwise distributed
in the state, but the information collected, if made public, shall be reported
in a manner which does not identify a specific brand name in the report.
(d) A
registrant who is required to pay more than the minimum fee for any pesticide under
paragraph (a) must pay a late fee penalty of $100 for each pesticide
application fee paid after March 1 in the year for which the license is to be
issued.
EFFECTIVE DATE. This section is effective July 1, 2008, and applies to all
cooperative agreements entered into by the commissioner of agriculture and
local units of government for waste pesticide collection and disposal after
that date.
Sec.
8. Minnesota Statutes 2006, section
18D.305, subdivision 2, is amended to read:
Subd.
2. Revocation
and suspension. (a) The
commissioner may, after written notice and hearing, revoke, suspend, or refuse
to grant or renew a registration, permit, license, or certification if a person
violates a provision of this chapter or has a history within the last three years
of violations of this chapter.
(b)
The commissioner may refuse to accept an application for a registration,
permit, license, or certification, and may revoke or suspend a previously
issued registration, permit, license, or certification of a person from another
state if that person has:
(1)
had a registration, permit, license, or certification denied, revoked, or
suspended by another state for an offense reasonably related to the
requirements, qualifications, or duties of a registration, permit, license, or
certification issued under chapter 18B or 18C; or
(2)
been convicted of a violation, had a history of violations, or been subject to
a final order imposing civil penalties authorized under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended.
Sec.
9. Minnesota Statutes 2006, section
18E.04, subdivision 2, is amended to read:
Subd.
2. Payment
of corrective action costs. (a) On
request by an eligible person, the board may pay the eligible person for the
reasonable and necessary cash disbursements for corrective action costs
incurred by the eligible person as provided under subdivision 4 if the board
determines:
(1)
the eligible person pays the first $1,000 of the corrective action costs;
(2)
the eligible person provides the board with a sworn affidavit and other
convincing evidence that the eligible person is unable to pay additional
corrective action costs;
(3)
the eligible person continues to assume responsibility for carrying out the
requirements of corrective action orders issued to the eligible person or that
are in effect;
(4)
the incident was reported as required in chapters 18B, 18C, and 18D; and
(5)
the eligible person submits an application for payment or reimbursement to the
department, along with associated invoices, within three years of (i) incurring
eligible corrective action costs performance of the eligible work,
or (ii) approval of a the related corrective action design or
plan for that work, whichever is later.
(b)
The eligible person must submit an application for payment or reimbursement of
eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.
(c) An
eligible person is not eligible for payment or reimbursement and must refund
amounts paid or reimbursed by the board if false statements or
misrepresentations are made in the affidavit or other evidence submitted to the
commissioner to show an inability to pay corrective action costs.
(d)
The board may pay the eligible person and one or more designees by multiparty
check.
Sec.
10. Minnesota Statutes 2006, section
28A.03, is amended by adding a subdivision to read:
Subd.
10. Vending
machine. "Vending
machine" means a self-service device that, upon insertion of a coin, paper
currency, token, card, or key, dispenses unit servings of food in bulk or in
packages without the necessity of replenishing the device between each vending
operation.
Sec.
11. Minnesota Statutes 2006, section
28A.08, is amended to read:
28A.08 LICENSE FEES; PENALTIES.
Subdivision
1. General. License fees, penalties for late renewal of
licenses, and penalties for not obtaining a license before conducting business
in food handling that are set in this section apply to the sections named
except as provided under section 28A.09.
Except as specified herein, bonds and assessments based on number of
units operated or volume handled or processed which are provided for in said
laws shall not be affected, nor shall any penalties for late payment of said
assessments, nor shall inspection fees, be affected by this chapter. The penalties may be waived by the
commissioner. Fees for all new licenses
must be based on the anticipated future gross annual food sales. If a firm is found to be operating for
multiple years without paying license fees, the state may collect the
appropriate fees and penalties for each year of operation.
Subd.
3. Fees
effective July 1, 2003.
Penalties
License
Fee
Effective Late No
Type of food handler July
1, 2003 Renewal License
1. Retail
food handler
(a)
Having gross sales of only prepackaged nonperishable food of less than $15,000
for the immediately previous license or fiscal year and filing a statement with
the commissioner $50 $17 $33
(b)
Having under $15,000 gross sales or service including food preparation
or having $15,000 to $50,000 gross sales or service for the immediately
previous license or fiscal year $77 $25 $51
(c)
Having $50,001 to $250,000 gross sales or service for the immediately
previous license or fiscal year $155 $51 $102
(d)
Having $250,001 to $1,000,000 gross sales or service for the immediately
previous license or fiscal year $276 $91 $182
(e)
Having $1,000,001 to $5,000,000 gross sales or service for the
immediately previous license or fiscal year $799 $264 $527
(f)
Having $5,000,001 to $10,000,000 gross sales or service for the
immediately previous license or fiscal year $1,162 $383 $767
(g)
Having $10,000,001 to $15,000,000 gross sales or service for the
immediately previous license or fiscal year $1,376 $454 $908
(h)
Having $15,000,001 to $20,000,000 gross sales or service for the
immediately previous license or fiscal year $1,607 $530 $1,061
(i)
Having $20,000,001 to $25,000,000 gross sales or service for the
immediately previous license or fiscal year $1,847 $610 $1,219
(j)
Having over $25,000,001 gross sales or service for the immediately
previous license or fiscal year $2,001 $660 $1,321
2. Wholesale food handler
(a)
Having gross sales or service of less than $25,000 for the immediately previous
license or fiscal year $57 $19 $38
(b)
Having $25,001 to $250,000 gross sales or service for the immediately previous
license or fiscal year $284 $94 $187
(c)
Having $250,001 to $1,000,000 gross sales or service from a mobile unit without
a separate food facility for the immediately previous license or fiscal year $444 $147 $293
(d)
Having $250,001 to $1,000,000 gross sales or service not covered under
paragraph (c) for the immediately previous license or fiscal year $590 $195 $389
(e)
Having $1,000,001 to $5,000,000 gross sales or service for the immediately
previous license or fiscal year $769 $254 $508
(f)
Having $5,000,001 to $10,000,000 gross sales or service for the
immediately previous license or fiscal year $920 $304 $607
(g)
Having $10,000,001 to $15,000,000 gross sales or service for the immediately
previous license or fiscal year $990 $327 $653
(h)
Having $15,000,001 to $20,000,000 gross sales or service for the immediately
previous license or fiscal year $1,156 $381 $763
(i)
Having $20,000,001 to $25,000,000 gross sales or service for the immediately
previous license or fiscal year $1,329 $439 $877
(j)
Having over $25,000,001 or more gross sales or service for the immediately
previous license or fiscal year $1,502 $496 $991
3. Food broker $150 $50 $99
4. Wholesale food processor or manufacturer
(a)
Having gross sales or service of less than $125,000 for the immediately
previous license or fiscal year $169 $56 $112
(b)
Having $125,001 to $250,000 gross sales or service for the immediately
previous license or fiscal year $392 $129 $259
(c)
Having $250,001 to $1,000,000 gross sales or service for the immediately
previous license or fiscal year $590 $195 $389
(d)
Having $1,000,001 to $5,000,000 gross sales or service for the immediately
previous license or fiscal year $769 $254 $508
(e)
Having $5,000,001 to $10,000,000 gross sales or service for the
immediately previous license or fiscal year $920 $304 $607
(f)
Having $10,000,001 to $15,000,000 gross sales or service for the immediately
previous license or fiscal year $1,377 $454 $909
(g)
Having $15,000,001 to $20,000,000 gross sales or service for the immediately
previous license or fiscal year $1,608 $531 $1,061
(h)
Having $20,000,001 to $25,000,000 gross sales or service for the immediately
previous license or fiscal year $1,849 $610 $1,220
(i)
Having $25,000,001 to $50,000,000 gross sales or service for the immediately
previous license or fiscal year $2,090 $690 $1,379
(j)
Having $50,000,001 to $100,000,000 gross sales or service for the immediately
previous license or fiscal year $2,330 $769 $1,538
(k)
Having $100,000,000 or more gross sales or service for the immediately previous
license or fiscal year $2,571 $848 $1,697
5. Wholesale food processor of meat or poultry products under
supervision of the U.S. Department of
Agriculture
(a)
Having gross sales or service of less than $125,000 for the immediately
previous license or fiscal year $112 $37 $74
(b)
Having $125,001 to $250,000 gross sales or service for the immediately
previous license or fiscal year $214 $71 $141
(c)
Having $250,001 to $1,000,000 gross sales or service for the immediately
previous license or fiscal year $333 $110 $220
(d)
Having $1,000,001 to $5,000,000 gross sales or service for the
immediately previous license or fiscal year $425 $140 $281
(e)
Having $5,000,001 to $10,000,000 gross sales or service for the
immediately previous license or fiscal year $521 $172 $344
(f)
Having over $10,000,001 gross sales or service for the immediately
previous license or fiscal year $765 $252 $505
(g)
Having $15,000,001 to $20,000,000 gross sales or service for the
immediately previous license or fiscal year $893 $295 $589
(h)
Having $20,000,001 to $25,000,000 gross sales or service for the
immediately previous license or fiscal year $1,027 $339 $678
(i)
Having $25,000,001 to $50,000,000 gross sales or service for the
immediately previous license or fiscal year $1,161 $383 $766
(j)
Having $50,000,001 to $100,000,000 gross sales or service for the
immediately previous license or fiscal year $1,295 $427 $855
(k)
Having $100,000,001 or more gross sales or service for the immediately
previous license or fiscal year $1,428 $471 $942
6. Wholesale food
processor or manufacturer operating only at the State Fair $125 $40 $50
7. Wholesale food manufacturer having the permission of the
commissioner to use the name Minnesota Farmstead cheese $30 $10 $
15
8. Nonresident frozen dairy manufacturer $200 $50 $75
9. Wholesale food manufacturer processing less than 700,000 pounds
per year of raw milk $30 $10 $15
10. A milk marketing organization without facilities for processing
or manufacturing that purchases milk from milk producers for delivery to a
licensed wholesale food processor or manufacturer $50 $15 $25
Sec. 12. Minnesota Statutes
2006, section 28A.082, is amended by adding a subdivision to read:
Subd. 3. Disaster areas. If the governor declares a disaster in an
area of the state, the commissioner of agriculture may waive the plan review
fee and direct agency personnel to expedite the plan review process.
Sec. 13. Minnesota Statutes 2006, section 28A.09,
subdivision 1, is amended to read:
Subdivision 1.
Annual fee; exceptions. Every coin-operated food vending
machine is subject to an annual state inspection fee of $25 for each nonexempt
machine except nut vending machines which are subject to an annual state
inspection fee of $10 for each machine, provided that:
(a) Food vending machines may be inspected by either
a home rule charter or statutory city, or a county, but not both, and if
inspected by a home rule charter or statutory city, or a county they shall not
be subject to the state inspection fee, but the home rule charter or statutory
city, or the county may impose an inspection or license fee of no more than the
state inspection fee. A home rule
charter or statutory city or county that does not inspect food vending machines
shall not impose a food vending machine inspection or license fee.
(b) Vending machines dispensing only gum balls, hard
candy, unsorted candy, or ice manufactured and packaged by another shall be,
and water dispensing machines serviced by a cashier, are exempt from the
state inspection fee, but may be inspected by the state. A home rule charter or statutory city may
impose by ordinance an inspection or license fee of no more than the state
inspection fee for nonexempt machines on the vending machines and water
dispensing machines described in this paragraph. A county may impose by ordinance an inspection or license fee of
no more than the state inspection fee for nonexempt machines on the vending
machines and water dispensing machines described in this paragraph which
are not located in a home rule charter or statutory city.
(c) Vending machines dispensing only bottled or
canned soft drinks are exempt from the state, home rule charter or statutory
city, and county inspection fees, but may be inspected by the commissioner or
the commissioner's designee.
Sec. 14.
Minnesota Statutes 2006, section 29.23, is amended to read:
29.23 GRADING.
Subdivision 1.
Grades, weight classes and
standards for quality. All eggs
purchased on the basis of grade by the first licensed buyer shall be graded in
accordance with grade and weight classes established by the commissioner. The commissioner shall establish, by rule,
and from time to time, may amend or revise, grades, weight classes, and
standards for quality. When grades,
weight classes, and standards for quality have been fixed by the secretary of the
Department of Agriculture of the United States, they may must be
accepted and published by the commissioner as definitions or standards for eggs
in interstate and intrastate commerce.
Subd. 2. Equipment. The commissioner shall also by rule provide for minimum plant and
equipment requirements for candling, grading, handling and storing eggs, and
shall define candling. Equipment in use
by a wholesale food handler before July 1, 1991, that does not meet the
design and fabrication requirements of this chapter may remain in use if it is
in good repair, capable of being maintained in a sanitary condition, and
capable of maintaining a temperature of 45 degrees Fahrenheit (7 degrees
Celsius) or less.
Subd. 3. Egg temperature. Eggs must be held at a temperature not to
exceed 45 degrees Fahrenheit (7 degrees Celsius) after being received by the
egg handler except for cleaning, sanitizing, grading, and further processing
when they must immediately be placed under refrigeration that is maintained at
45 degrees Fahrenheit (7 degrees Celsius) or below. Eggs offered for retail sale by a retail food handler must
be held at a temperature not to exceed 45 41 degrees Fahrenheit
(7 degrees Celsius). Equipment in use
prior to August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must not
be offered for sale except as approved by the commissioner.
Subd. 4. Vehicle temperature. A vehicle used for the transportation of
to transport shell eggs from a warehouse, retail store, candling and grading
facility, or egg holding facility must have an ambient air temperature of 45
degrees Fahrenheit (7 degrees Celsius) or below.
Sec. 15.
Minnesota Statutes 2006, section 31.05, is amended to read:
31.05
EMBARGOES AND CONDEMNATIONS.
Subdivision 1.
Definitions. As used in this section,
"animals" means cattle; swine; sheep; goats; poultry; farmed
cervidae, as defined in section 35.153, subdivision 3; llamas, as defined in
section 17.455, subdivision 2; ratitae, as defined in section 17.453, subdivision
3; equines; and other large domesticated animals.
Subd. 1a. Tag or notice. A duly authorized agent of the commissioner
who finds or has probable cause to believe that any food, animal, or
consumer commodity is adulterated or so misbranded as to be dangerous or
fraudulent, or is in violation of section 31.131 shall affix to such article
or animal a tag or other appropriate marking giving notice that such
article or animal is, or is suspected of being, adulterated or
misbranded and has been detained or embargoed, and warning all persons not to
remove or dispose of such article or animal by sale or otherwise until
permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to
remove or dispose of such detained or embargoed article or animal by
sale or otherwise without such permission.
Subd. 2. Action for condemnation. When an article or animal detained or
embargoed under subdivision 1 has been found by such agent to be adulterated,
or misbranded, the agent shall petition the district court in the county in
which the article or animal is detained or embargoed for an order and
decree for the condemnation of such article or animal. Any such agent who has found that an article
or animal so detained or embargoed is not adulterated or misbranded, shall
remove the tag or other marking.
Subd. 3. Remedies. If the court finds that a detained or embargoed article or
animal is adulterated or misbranded, such article or animal shall,
after entry of the decree, be destroyed at the expense of the claimant thereof,
under the supervision of such agent, and all court costs and fees, and storage
and other proper expenses, shall be taxed against the claimant of such article
or animal or the claimant's agent; provided, that when the adulteration or
misbranding can be corrected by proper labeling or processing of the article
or animal, the court, after entry of the decree and after such costs, fees,
and expenses have been paid and a good and sufficient bond, conditioned that
such article or animal shall be so labeled or processed, has been
executed, may by order direct that such article or animal be delivered
to claimant thereof for such labeling or processing under the supervision of an
agent of the commissioner. The expense
of such supervision shall be paid by claimant.
The article or animal shall be returned to the claimant and the
bond shall be discharged on the representation to the court by the commissioner
that the article or animal is no longer in violation and that the
expenses of such supervision have been paid.
Subd. 4. Duties of commissioner. Whenever the commissioner or any of the
commissioner's authorized agents shall find in any room, building, vehicle of
transportation or other structure, any meat, seafood, poultry, vegetable, fruit,
or other perishable articles of food which are unsound, or contain any filthy,
decomposed, or putrid substance, or that may be poisonous or deleterious
to health or otherwise unsafe, the same being hereby declared to be a nuisance,
the commissioner, or the commissioner's authorized agent, shall forthwith
condemn or destroy the same, or in any other manner render the same unsalable
as human food, and no one shall have any cause of action against the
commissioner or the commissioner's authorized agent on account of such action.
Subd. 5. Emergency response. In the event of an emergency declared by the
governor's order under section 12.31, if the commissioner finds or has probable
cause to believe that a livestock, food, or a consumer
commodity within a specific area is likely to be adulterated because of the
emergency or so misbranded as to be dangerous or fraudulent, or is in violation
of section 31.131, subdivision 1, the commissioner may embargo a geographic
area that is included in the declared emergency. The commissioner shall provide notice to the public and to those
with custody of the product in as thorough a manner as is practical under the
emergency circumstances.
Sec. 16.
Minnesota Statutes 2006, section 31.171, is amended to read:
31.171
EMPLOYMENT OF DISEASED PERSON.
It shall be unlawful for any person to work in or
about any place where any fruit or any food products are manufactured, packed,
stored, deposited, collected, prepared, produced or sold, whose condition is
such that disease may be spread to associates direct, or through the medium of
milk, cream, butter, other food or food products, likely to be eaten without
being cooked after handling, whether such condition be due to a contagious,
or infectious, or venereal disease, in its active or convalescent
stage, or to the presence of disease germs, whether accompanied by, or without,
any symptoms of the disease itself.
It shall be the duty of the commissioner, or the
commissioner's assistant, inspector, or agent, to report to the state
commissioner of health for investigation, any person suspected to be dangerous
to the public health, as provided for in this section, and immediately to
exclude such person from such employment pending investigation and during the
period of infectiousness, if such person is certified by the state commissioner
of health, or an authorized agent, to be dangerous to the public health.
Sec. 17.
Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
31.175 WATER, PLUMBING,
AND SEWAGE.
A person who is required by statutes administered by
the Department of Agriculture, or by rules adopted pursuant to those statutes,
to provide a suitable water supply, or plumbing or sewage disposal system,
may shall not engage in the business of manufacturing, processing,
selling, handling, or storing food at wholesale or retail unless the person's
water supply is satisfactory under plumbing codes pursuant to rules
adopted by the Department of Health, the person's plumbing is satisfactory
pursuant to rules adopted by the Department of Labor and Industry,
and the person's sewage disposal system satisfies the rules of the Pollution
Control Agency.
Sec. 18. [32.416] SOMATIC CELL COUNT, GOAT MILK.
Notwithstanding any federal standard incorporated by
reference in this chapter, the maximum allowable somatic cell count for raw
goat milk is 1,500,000 cells per milliliter.
Sec. 19.
Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:
35.244 RULES
FOR CONTROL OF BOVINE TUBERCULOSIS.
Subdivision 1. Designation of zones. The board has the authority to control
tuberculosis and the movement of cattle, bison, goats, and farmed cervidae
within and between tuberculosis zones in the state. Zones within the state may be designated as accreditation
preparatory, modified accredited, modified accredited advanced, or accredited
free as those terms are defined in Code of Federal Regulations, title 9, part
77.
Subd. 2. Control
within modified accredited zone.
In a modified accredited zone, the board has the authority to:
(1) require owners of cattle, bison, goats, or
farmed cervidae to report personal contact information and location of
livestock to the board;
(2) require a permit or movement certificates for
all cattle, bison, goats, and farmed cervidae moving between premises within
the zone or leaving or entering the zone;
(3) require official identification of all cattle,
bison, goats, and farmed cervidae within the zone or leaving or entering the
zone;
(4) require a negative tuberculosis test within 60
days prior to movement for any individual cattle, bison, goats, or farmed
cervidae leaving the zone with the exception of cattle moving under permit
directly to a slaughter facility under state or federal inspection;
(5) require a whole-herd tuberculosis test within 12
months prior to moving breeding cattle out of the zone;
(6) require annual herd inventories on all cattle,
bison, goat, or farmed cervidae herds;
(7) require that a risk assessment be performed to
evaluate the interaction of free-ranging deer with cattle, bison, goat, and
farmed cervidae herds and require the owner to implement the recommendations of
the risk assessment; and
(8) provide financial assistance to a person who
fences a cattle feeding area.
Subd. 3. Authority to adopt rules. The board may adopt rules to provide for the
control of tuberculosis in cattle. The
rules may include provisions for quarantine, tests, and such other measures as
the board deems appropriate. Federal
regulations, as provided by Code of Federal Regulations, title 9, part 77, and
the Bovine Tuberculosis Eradication Uniform Methods and Rules, are incorporated
as part of the rules in this state.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 20.
Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 2, is
amended to read:
Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board
consisting of the commissioners of agriculture, commerce, natural resources,
the Pollution Control Agency, and employment and economic development; the
chairs of the house and senate committees with jurisdiction over energy
finance; the chairs of the house and senate committees with jurisdiction over
agriculture finance; one member of the second largest political party in the
house, as appointed by the chairs of the house committees with jurisdiction
over agriculture finance and energy finance; one member of the second largest
political party in the senate, as appointed by the chairs of the senate
committees with jurisdiction over agriculture finance and energy finance; and
the executive director of the
Agricultural Utilization Research Institute. In addition, the governor shall appoint seven
eight members: two representing
statewide agriculture organizations; two representing statewide environment and
natural resource conservation organizations; one representing the University of
Minnesota; one representing the Minnesota Institute for Sustainable
Agriculture; and one representing the Minnesota State Colleges and
Universities system; and one representing the forest products industry.
Sec. 21.
Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to
read:
Subd. 4. Expiration. This section expires on June 30, 2008 2013.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 22.
Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to
read:
Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this subdivision,
"cooperative damage management agreement" means an agreement between
a landowner or tenant and the commissioner that establishes a program for
addressing the problem of destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of agricultural
crops by flightless Canada geese.
(b) A landowner or tenant may apply to the
commissioner for emergency deterrent materials assistance in controlling
destruction of the landowner's or tenant's specialty crops or stored forage
crops by wild animals, or destruction of agricultural crops by flightless
Canada geese. Subject to the
availability of money appropriated for this purpose, the commissioner shall
provide suitable deterrent materials when the commissioner determines that:
(1) immediate action is necessary to prevent
significant damage from continuing or to prevent the spread of bovine
tuberculosis; and
(2) a cooperative damage management agreement cannot
be implemented immediately.
(c) A person may receive emergency deterrent
materials assistance under this subdivision more than once, but the cumulative
total value of deterrent materials provided to a person, or for use on a
parcel, may not exceed $3,000 for specialty crops, $5,000 for measures to
prevent the spread of bovine tuberculosis within a five-mile radius of a cattle
herd that is infected with bovine tuberculosis as determined by the Board of
Animal Health, $750 for protecting stored forage crops, or $500 for
agricultural crops damaged by flightless Canada geese. If a person is a co-owner or cotenant with
respect to the specialty crops for which the deterrent materials are provided,
the deterrent materials are deemed to be "provided" to the person for
the purposes of this paragraph.
(d) As a condition of receiving emergency deterrent
materials assistance under this subdivision, a landowner or tenant shall enter
into a cooperative damage management agreement with the commissioner. Deterrent materials provided by the
commissioner may include repellents, fencing materials, or other materials
recommended in the agreement to alleviate the damage problem. If requested by a landowner or tenant, any
fencing materials provided must be capable of providing long-term protection of
specialty crops. A landowner or tenant
who receives emergency deterrent materials assistance under this subdivision
shall comply with the terms of the cooperative damage management agreement.
Sec. 23.
Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to
read:
Subdivision 1.
Definitions. For the purposes of sections 148.01 to
148.10,:
(1) "chiropractic" is defined as the science
of adjusting any abnormal articulations of the human body, especially those of
the spinal column, for the purpose of giving freedom of action to impinged
nerves that may cause pain or deranged function; and
(2) "animal chiropractic diagnosis and
treatment" means treatment that includes, but is not limited to,
identifying and resolving vertebral subluxation complexes, spinal manipulation,
and manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic diagnosis and treatment
does not include:
(i) performing surgery;
(ii) dispensing or administering of medications; or
(iii) performing traditional veterinary care and
diagnosis.
Sec. 24.
Minnesota Statutes 2006, section 148.01, is amended by adding a
subdivision to read:
Subd. 1a. Animal chiropractic practice. A licensed chiropractor may engage in the
practice of animal chiropractic diagnosis and treatment if registered to do so
by the board.
Sec. 25.
Minnesota Statutes 2006, section 148.01, is amended by adding a
subdivision to read:
Subd. 1b. Scope of practice; animal chiropractic. Criteria for registration to engage in
the practice of animal chiropractic diagnosis and treatment must be set by the
board, and must include, but are not limited to: active chiropractic license; education and training in the field
of animal chiropractic from an American Veterinary Chiropractic Association,
International Veterinary Chiropractic Association, or higher
institution-approved course consisting of no less than 210 hours, meeting
continuing education requirements; and other conditions and rules set by the
board.
Sec. 26.
Minnesota Statutes 2006, section 148.01, is amended by adding a
subdivision to read:
Subd. 1c. Titles. Notwithstanding the limitations
established in section 156.12, subdivision 4, a doctor of chiropractic properly
registered to provide chiropractic care to animals in accordance with this chapter
and rules of the board may use the title "animal chiropractor."
Sec. 27.
Minnesota Statutes 2006, section 148.01, is amended by adding a
subdivision to read:
Subd. 1d. Provisional interim statute. Upon approval by the board, a licensed
chiropractor who has already taken and passed the education and training
requirement set forth in subdivision 1b may engage in the practice of animal
chiropractic during the time that the rules are being promulgated by the board. Enforcement actions may not be taken against
persons who have completed the approved program of study by the American
Veterinary Chiropractic Association or the International Veterinary
Chiropractic Association until the rules have been adopted by the board.
Sec. 28. [148.032] EDUCATIONAL CRITERIA FOR
LICENSURE IN ANIMAL CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT
NOTES.
(a) The following educational criteria must be
applied to any licensed chiropractor who requests registration in animal
chiropractic diagnosis and treatment.
The criteria must include education and training in the following
subjects:
(1) anatomy;
(2) anatomy laboratory;
(3) biomechanics and gait;
(4) chiropractic educational basics;
(5) animal chiropractic diversified adjusting
technique, including:
(i) lecture cervical;
(ii) thoracic;
(iii) lumbosacral;
(iv) pelvic; and
(v) extremity;
(6) animal chiropractic diversified adjusting
technique, including:
(i) laboratory cervical;
(ii) thoracic;
(iii) lumbosacral;
(iv) pelvic; and
(v) extremity;
(7) case management and case studies;
(8) chiropractic philosophy;
(9) ethics and legalities;
(10) neurology, neuroanatomy, and neurological
conditions;
(11) pathology;
(12) radiology;
(13) research in current chiropractic and veterinary
topics;
(14) rehabilitation, current topics, evaluation, and
assessment;
(15) normal foot anatomy and normal foot care;
(16) saddle fit and evaluation, lecture, and
laboratory;
(17) veterinary educational basics;
(18) vertebral subluxation complex; and
(19) zoonotic diseases.
(b) A licensed chiropractor requesting registration
in animal chiropractic diagnosis and treatment must have completed and passed a
course of study from an American Veterinary Chiropractic Association,
International Veterinary Chiropractic Association, or higher
institution-approved program, consisting of no less than 210 hours of education
and training as set forth in paragraph (a).
(c) A licensed chiropractor engaged in the practice
of animal chiropractic diagnosis and treatment must maintain complete and
accurate records and patient files in the chiropractor's office for at least
three years.
(d) A licensed chiropractor engaged in the practice
of animal chiropractic diagnosis and treatment must make treatment notes and
records available to the patient's owner upon request and must communicate
their findings and treatment plan with the referring veterinarian, or the
animal's veterinarian if the animal has not been referred by a veterinarian.
Sec. 29. [148.033] ANIMAL CHIROPRACTIC CONTINUING
EDUCATION HOURS.
Any chiropractor engaged in the practice of animal
chiropractic diagnosis and treatment applying for renewal of a registration
related to animal chiropractic diagnosis and treatment must have completed a
minimum of six hours annually of continuing education in animal chiropractic
diagnosis and treatment, in addition to the required 20 hours annually of
continuing education in human chiropractic under this chapter. The continuing education course attended for
purposes of complying with this section must be approved by the board prior to
attendance by the chiropractor.
Sec. 30.
Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended
to read:
Subd. 3. Agricultural Marketing and Development 8,547,000 5,157,000
$186,000 the first year and
$186,000 the second year are for transfer to the Minnesota grown account and
may be used as grants for Minnesota grown promotion under Minnesota Statutes,
section 17.102. Grants may be made for
one year. Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or
before June 30, 2009, for Minnesota grown grants in this paragraph are
available until June 30, 2011. $50,000 of the appropriation in each year is for
efforts that identify and promote Minnesota grown products in retail food
establishments including but
not limited to restaurants, grocery stores, and convenience stores. The balance in the Minnesota grown matching
account in the agricultural fund is canceled to the Minnesota grown account in
the agricultural fund and the Minnesota grown matching account is abolished.
$160,000 the first year and
$160,000 the second year are for grants to farmers for demonstration projects
involving sustainable agriculture as authorized in Minnesota Statutes, section
17.116. Of the amount for grants, up to
$20,000 may be used for dissemination of information about the demonstration
projects. Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or before
June 30, 2009, for sustainable agriculture grants in this paragraph are
available until June 30, 2011.
$100,000 the first year and
$100,000 the second year are to provide training and technical assistance to
county and town officials relating to livestock siting issues and local zoning
and land use planning, including a checklist template that would clarify the
federal, state, and local government requirements for consideration of an
animal agriculture modernization or expansion project. In developing the training and technical
assistance program, the commissioner shall seek guidance, advice, and support
of livestock producer organizations, general agricultural organizations, local
government associations, academic institutions, other government agencies, and
others with expertise in land use and agriculture.
$103,000 the first year and
$106,000 the second year are for additional integrated pest management
activities.
$2,500,000 the first year is
for the agricultural best management practices loan program. At least $2,000,000 is available for
pass-through to local governments and lenders for low-interest loans. Any unencumbered balance does not cancel
at the end of the first year and is available for the second year.
$1,000,000 the first year is
for the agricultural best management practices loan program for capital
equipment loans for persons using native, perennial cropping systems for energy
or seed production. This appropriation
is available until spent. * (The
preceding text beginning "$1,000,000 the first year" was indicated as
vetoed by the governor.)
$100,000 the first year and
$100,000 the second year are for annual cost-share payments to resident farmers
or persons who sell, process, or package agricultural products in this state for
the costs of organic certification.
Annual cost-share payments per farmer must be two-thirds of the cost of
the certification or $350, whichever is less.
In any year that a resident farmer or person who
sells, processes, or
packages agricultural products in this state receives a federal organic
certification cost-share payment, that resident farmer or person is not
eligible for state cost-share payments.
A certified farmer is eligible to receive annual certification
cost-share payments for up to five years. $15,000 each year is for organic
market and program development. The
commissioner may allocate any excess appropriation in either fiscal year for
organic producer education efforts, assistance for persons transitioning from
conventional to organic agriculture, or sustainable agriculture demonstration
grants authorized under Minnesota Statutes, section 17.116, and pertaining to
organic research or demonstration. Any
unencumbered balance does not cancel at the end of the first year and is
available for the second year.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 31. Laws 2007, chapter 45, article 1, section 3,
subdivision 4, is amended to read:
Subd. 4. Bioenergy and Value-Added Agricultural
Products 19,918,000 15,168,000
$15,168,000 the first year
and $15,168,000 the second year are for ethanol producer payments under
Minnesota Statutes, section 41A.09. If
the total amount for which all producers are eligible in a quarter exceeds the
amount available for payments, the commissioner shall make payments on a pro
rata basis. If the appropriation
exceeds the total amount for which all producers are eligible in a fiscal year
for scheduled payments and for deficiencies in payments during previous fiscal
years, the balance in the appropriation is available to the commissioner for
value-added agricultural programs including the value-added agricultural
product processing and marketing grant program under Minnesota Statutes,
section 17.101, subdivision 5. The appropriation
remains available until spent.
$3,000,000 the first year is
for grants to bioenergy projects. The
NextGen Energy Board shall make recommendations to the commissioner on grants
for owners of Minnesota facilities producing bioenergy, organizations that
provide for on-station, on-farm field scale research and outreach to develop
and test the agronomic and economic requirements of diverse stands of prairie
plants and other perennials for bioenergy systems, or certain nongovernmental
entities. For the purposes of this
paragraph, "bioenergy" includes transportation fuels derived from
cellulosic material as well as the generation of energy for commercial heat,
industrial process heat, or electrical power from cellulosic material via gasification
or other processes. The board must give
priority to a bioenergy facility that is at least 60 percent owned and
controlled by farmers, as defined in Minnesota Statutes, section 500.24,
subdivision 2, paragraph (n), or natural persons residing in the county or counties
contiguous to where the facility is located.
Grants are limited to 50
percent of the cost of research, technical assistance, or equipment related to
bioenergy production or $500,000, whichever is less. Grants to nongovernmental entities for the development of
business plans and structures related to community ownership of eligible
bioenergy facilities together may not exceed $150,000. The board shall make a good faith effort to
select projects that have merit and when taken together represent a variety of
bioenergy technologies, biomass feedstocks, and geographic regions of the
state. Projects must have a qualified
engineer certification on the technology and fuel source. Grantees shall provide reports at the
request of the commissioner and must actively participate in the Agricultural
Utilization Research Institute's Renewable Energy Roundtable. No later than February 1, 2009, the
commissioner shall report on the projects funded under this appropriation to
the house and senate committees with jurisdiction over agriculture
finance. The commissioner's costs in
administering the program may be paid from the appropriation. Any unencumbered balance does not cancel
at the end of the first year and is available in the second year.
$350,000 the first year is
for grants to the Minnesota Institute for Sustainable Agriculture at the
University of Minnesota to provide funds for on-station and on-farm field scale
research and outreach to develop and test the agronomic and economic
requirements of diverse stands of prairie plants and other perennials for
bioenergy systems including, but not limited to, multiple species selection and
establishment, ecological management between planting and harvest, harvest
technologies, financial and agronomic risk management, farmer goal setting and
adoption of technologies, integration of wildlife habitat into management
approaches, evaluation of carbon and other benefits, and robust policies needed
to induce farmer conversion on marginal lands.
* (The preceding text beginning "$350,000 the first year" was
indicated as vetoed by the governor.)
$200,000 the first year is
for a grant to the Minnesota Turf Seed Council for basic and applied agronomic
research on native plants, including plant breeding, nutrient management, pest
management, disease management, yield, and viability. The grant recipient may subcontract with a qualified third party
for some or all of the basic or applied research. The grant recipient must actively participate in the Agricultural
Utilization Research Institute's Renewable Energy Roundtable and no later than
February 1, 2009, must report to the house and senate committees with
jurisdiction over agriculture finance.
This is a onetime appropriation and is available until spent.
$200,000 the first year is
for a grant to a joint venture combined heat and power energy facility located
in Scott or LeSueur County for the creation of a centrally located biomass fuel
supply depot
with the capability of
unloading, processing, testing, scaling, and storing renewable biomass
fuels. The grant must be matched by at
least $3 of nonstate funds for every $1 of state funds. The grant recipient must actively
participate in the Agricultural Utilization Research Institute's Renewable
Energy Roundtable and no later than February 1, 2009, must report to the house
and senate committees with jurisdiction over agriculture finance. This is a onetime appropriation and is
available until spent.
$300,000 the first year is
for a grant to the Bois Forte Band of Chippewa for a feasibility study of a
renewable energy biofuels demonstration facility on the Bois Forte Reservation
in St. Louis and Koochiching Counties.
The grant shall be used by the Bois Forte Band to conduct a detailed feasibility
study of the economic and technical viability of developing a multistream
renewable energy biofuels demonstration facility on Bois Forte Reservation land
to utilize existing forest resources, woody biomass, and cellulosic material to
produce biofuels or bioenergy. The
grant recipient must actively participate in the Agricultural Utilization
Research Institute's Renewable Energy Roundtable and no later than February 1,
2009, must report to the house and senate committees with jurisdiction over
agriculture finance. This is a onetime
appropriation and is available until spent.
$300,000 the first year is
for a grant to the White Earth Band of Chippewa for a feasibility study of a
renewable energy biofuels production, research, and production facility on the
White Earth Reservation in Mahnomen County.
The grant must be used by the White Earth Band and the University of
Minnesota to conduct a detailed feasibility study of the economic and technical
viability of (1) developing a multistream renewable energy biofuels
demonstration facility on White Earth Reservation land to utilize existing
forest resources, woody biomass, and cellulosic material to produce biofuels or
bioenergy, and (2) developing, harvesting, and marketing native prairie plants
and seeds for bioenergy production. The
grant recipient must actively participate in the Agricultural Utilization
Research Institute's Renewable Energy Roundtable and no later than February 1,
2009, must report to the house and senate committees with jurisdiction over
agriculture finance. This is a onetime
appropriation and is available until spent.
$200,000 the first year is
for a grant to the Elk River Economic Development Authority for upfront
engineering and a feasibility study of the Elk River renewable fuels
facility. The facility must use a
plasma gasification process to convert primarily cellulosic material, but may
also use plastics and other components from municipal solid waste, as feedstock
for the production of methanol for use in biodiesel production facilities. Any unencumbered balance in fiscal year 2008
does not cancel but is available for fiscal year 2009. Notwithstanding Minnesota Statutes, section
16A.285, the agency must not
transfer this appropriation. The grant
recipient must actively participate in the Agricultural Utilization Research
Institute's Renewable Energy Roundtable and no later than February 1, 2009,
must report to the house and senate committees with jurisdiction over
agriculture finance. This is a onetime
appropriation and is available until spent.
$200,000 the first year is
for a grant to Chisago County to conduct a detailed feasibility study of the
economic and technical viability of developing a multistream renewable energy
biofuels demonstration facility in Chisago, Isanti, or Pine County to utilize
existing forest resources, woody biomass, and cellulosic material to produce
biofuels or bioenergy. Chisago County
may expend funds to Isanti and Pine Counties and the University of Minnesota
for any costs incurred as part of the study.
The feasibility study must consider the capacity of: (1) the seed bank at Wild River State Park
to expand the existing prairie grass, woody biomass, and cellulosic material
resources in Chisago, Isanti, and Pine Counties; (2) willing and interested
landowners in Chisago, Isanti, and Pine Counties to grow cellulosic materials;
and (3) the Minnesota Conservation Corps, the sentence to serve program, and
other existing workforce programs in east central Minnesota to contribute labor
to these efforts. The grant recipient
must actively participate in the Agricultural Utilization Research Institute's
Renewable Energy Roundtable and no later than February 1, 2009, must report to
the house and senate committees with jurisdiction over agriculture finance. This is a onetime appropriation and is
available until spent.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 32. Laws 2007, chapter 45, article 1, section 3,
subdivision 5, is amended to read:
Subd. 5. Administration and Financial Assistance
7,338,000 6,751,000
$1,005,000 the first year
and $1,005,000 the second year are for continuation of the dairy development
and profitability enhancement and dairy business planning grant programs
established under Laws 1997, chapter 216, section 7, subdivision 2, and Laws
2001, First Special Session chapter 2, section 9, subdivision 2 . The commissioner may allocate the available
sums among permissible activities, including efforts to improve the quality of
milk produced in the state in the proportions that the commissioner deems most
beneficial to Minnesota's dairy farmers.
The commissioner must submit a work plan detailing plans for
expenditures under this program to the chairs of the house and senate
committees dealing with agricultural policy and budget on or before the start
of each fiscal year. If significant
changes are made to the plans in the course of the year, the commissioner must
notify the chairs.
$50,000 the first year and
$50,000 the second year are for the Northern Crops Institute. These appropriations may be spent to
purchase equipment.
$19,000 the first year and
$19,000 the second year are for a grant to the Minnesota Livestock Breeders
Association.
$250,000 the first year and
$250,000 the second year are for grants to the Minnesota Agricultural Education
Leadership Council for programs of the council under Minnesota Statutes,
chapter 41D.
$600,000 the first year is
for grants for fertilizer research as awarded by the Minnesota Agricultural
Fertilizer Research and Education Council under Minnesota Statutes, section
18C.71. No later than February 1,
2009, The amount available to the commissioner pursuant to Minnesota
Statutes, section 18C.70, subdivision 2, for administration of this activity is
available until February 1, 2009, by which time the commissioner shall
report to the house and senate committees with jurisdiction over agriculture
finance. The report must include the
progress and outcome of funded projects as well as the sentiment of the council
concerning the need for additional research funded through an industry checkoff
fee.
$465,000 the first year and
$465,000 the second year are for payments to county and district agricultural
societies and associations under Minnesota Statutes, section 38.02, subdivision
1. Aid payments to county and district
agricultural societies and associations shall be disbursed not later than July
15 of each year. These payments are the
amount of aid owed by the state for an annual fair held in the previous
calendar year.
$65,000 the first year and
$65,000 the second year are for annual grants to the Minnesota Turf Seed
Council for basic and applied research on the improved production of forage and
turf seed related to new and improved varieties. The grant recipient may subcontract with a qualified third party
for some or all of the basic and applied research.
$500,000 the first year and
$500,000 the second year are for grants to Second Harvest Heartland on behalf
of Minnesota's six Second Harvest food banks for the purchase of milk for
distribution to Minnesota's food shelves and other charitable organizations
that are eligible to receive food from the food banks. Milk purchased under the grants must be
acquired from Minnesota milk processors and based on low-cost bids. The milk must be allocated to each Second
Harvest food bank serving Minnesota according to the formula used in the
distribution of United States Department of Agriculture commodities under The
Emergency Food Assistance Program (TEFAP).
Second Harvest Heartland must submit quarterly reports to the
commissioner on forms prescribed by the
commissioner. The reports must include, but are not
limited to, information on the expenditure of funds, the amount of milk
purchased, and the organizations to which the milk was distributed. Second Harvest Heartland may enter into
contracts or agreements with food banks for shared funding or reimbursement of
the direct purchase of milk. Each food
bank receiving money from this appropriation may use up to two percent of the
grant for administrative expenses.
$100,000 the first year and
$100,000 the second year are for transfer to the Board of Trustees of the
Minnesota State Colleges and Universities for mental health counseling support
to farm families and business operators through farm business management
programs at Central Lakes College and Ridgewater College.
$18,000 the first year and
$18,000 the second year are for grants to the Minnesota Horticultural Society.
$50,000 is for a grant to
the University of Minnesota, Department of Horticultural Science, Enology
Laboratory, to upgrade and purchase instrumentation to allow rapid and accurate
measurement of enology components. This
is a onetime appropriation and is available until expended.
Sec. 33. 2008
FAMILY MOTOR COACH ASSOCIATION EVENT.
For the 2008 Family Motor
Coach Association event held on the State Fair grounds, the fee the State
Agricultural Society must obtain for expansion of the recreational camping area
license, as required in Minnesota Statutes, section 327.15, shall be 50 percent
of the primary license fee prescribed in Minnesota Rules, part 4630.2000.
Sec. 34. INDUSTRIAL
HEMP DEVELOPMENT AND REGULATION.
(a) The Agricultural
Utilization Research Institute, in consultation with the commissioner of
agriculture shall create a detailed proposal for establishing industrial hemp
as a cash crop option for Minnesota's agricultural producers. Commercial industrial hemp production would
not be allowed and the commissioner would not promulgate any administrative
rules until the United States Department of Justice, Drug Enforcement
Administration, authorizes a person to commercially grow industrial hemp in the
United States, at which time the commissioner shall evaluate industrial hemp
laws in other states and propose a system of licensure and regulation that does
not interfere with the strict regulation of controlled substances in this
state.
(b) No later than January
15, 2009, the commissioner shall present the proposal in paragraph (a) to the
house and senate committees with jurisdiction over agriculture and public
safety policy and finance.
Sec. 35. VIRAL
HEMORRHAGIC SEPTICEMIA TESTING.
The commissioners of
agriculture, health, and natural resources shall form a work group and develop
a plan for detecting and responding to the presence of the fish virus Viral
Hemorrhagic Septicemia (VHS) in Minnesota.
The plan must cover how the joint laboratory facility at the Departments
of Agriculture and Health may be used to provide testing needed to diagnose and
respond to VHS. No later than January
5, 2009, the commissioners shall present the plan to the chairs of the house
and senate committees with jurisdiction over agriculture, health, and natural
resources policy and finance.
Sec. 36. REPEALER.
Minnesota Statutes 2007
Supplement, section 41A.105, subdivision 5, is repealed.
ARTICLE 2
BIODIESEL FUEL CONTENT
Section 1. Minnesota Statutes 2006, section 239.77, as
amended by Laws 2007, chapter 62, sections 3 and 4, is amended to read:
239.77 BIODIESEL CONTENT MANDATE.
Subdivision 1. Biodiesel
fuel. "Biodiesel fuel"
means a renewable, biodegradable, mono alkyl ester combustible liquid fuel that
is derived from agricultural or other plant oils or animal fats and;
that meets American Society For Testing and Materials specification D6751-07
for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels; and that is
manufactured by a person certified by the BQ-9000 National Biodiesel
Accreditation Program.
Subd. 2. Minimum
content. (a) Except as
otherwise provided in this section, all diesel fuel sold or offered for sale in
Minnesota for use in internal combustion engines must contain at least 2.0
percent the stated percentage of biodiesel fuel oil by volume on
and after the following dates:
(1) September
29, 2005 2 percent
(2) May
1, 2009 5 percent
(3) May
1, 2012 10 percent
(4) May
1, 2015 20 percent
The minimum content levels in clauses (3) and (4) are effective during
the months of April, May, June, July, August, September, and October only. The minimum content for the remainder of the
year is five percent. However, if the
commissioners of agriculture, commerce, and the Pollution Control Agency
determine, after consultation with the Biodiesel Task Force and other technical
experts, that an American Society for Testing and Materials specification or
equivalent federal standard exists for the specified biodiesel blend level in
those clauses that adequately addresses technical issues associated with
Minnesota's cold weather and publish a notice in the State Register to that
effect, the commissioners may allow the specified biodiesel blend level in
those clauses to be effective year round.
(b) The minimum content levels in paragraph (a), clauses (3) and (4),
become effective on the date specified only if the commissioners of
agriculture, commerce, and the Pollution Control Agency publish notice in the
State Register and provide written notice to the chairs of the house of
representatives and senate committees with jurisdiction over agriculture,
commerce, and transportation policy and finance, at least 270 days prior to the
date of each scheduled increase, that all of the following conditions have been
met and the state is prepared to move to the next scheduled minimum content
level:
(1) an American Society for Testing and Materials specification or
equivalent federal standard exists for the next minimum diesel-biodiesel blend;
(2) a sufficient supply of biodiesel is available and the amount of
biodiesel produced in this state is equal to at least 50 percent of anticipated
demand at the next minimum content level; and
(3) adequate blending infrastructure and regulatory protocol are in
place in order to promote biodiesel quality and avoid any potential economic
disruption.
(c) The commissioners of agriculture, commerce, and the Pollution
Control Agency must consult with the Biodiesel Task Force when assessing and
certifying conditions in paragraph (b), and in general must seek the guidance
of the Biodiesel Task Force regarding biodiesel labeling, enforcement, and
other related issues.
(d) During a period of biodiesel fuel shortage or a problem with
biodiesel quality that negatively affects the availability of biodiesel fuel,
the commissioner of commerce may temporarily suspend the minimum content
requirements in this subdivision until there is sufficient biodiesel fuel, as
defined in subdivision 1, available to fulfill the minimum content
requirements.
(e) By February 1, 2012, and periodically thereafter, the commissioner
of commerce shall determine the wholesale diesel price at various pipeline and
refinery terminals in the region, and the biodiesel price at biodiesel plants
in the region after any applicable per gallon federal tax credit is
subtracted. The commissioner shall
report wholesale price differences to the governor who, after consultation with
the commissioners of commerce and agriculture, may by executive order adjust
the biodiesel mandate if a price disparity reported by the commissioner will
cause economic hardship to retailers of diesel fuel in this state. Any adjustment must be for a specified
period of time, after which the percentage of biodiesel fuel to be blended into
diesel fuel returns to the amount required in this subdivision. The biodiesel mandate must not be adjusted
to less than five percent.
Subd. 3. Exceptions. (a) The minimum
content requirement requirements of subdivision 2 does
do not apply to fuel used in the following equipment:
(1) motors located at an electric generating plant regulated by the
Nuclear Regulatory Commission;
(2) railroad locomotives; and
(3) off-road taconite and copper mining equipment and machinery;
(4) off-road logging equipment and machinery; and
(5) vehicles and equipment used exclusively on an aircraft landing
field.
(b) The exemption in paragraph (a), clause (1), expires 30 days after
the Nuclear Regulatory Commission has approved the use of biodiesel fuel in
motors at electric generating plants under its regulation.
(c) This subdivision expires on May 1, 2012.
Subd. 4. Disclosure. A refinery or
terminal shall provide, at the time diesel fuel is sold or transferred from the
refinery or terminal, a bill of lading or shipping manifest to the person who
receives the fuel. For
biodiesel-blended products, the bill of lading or shipping manifest must
disclose biodiesel content, stating volume percentage, gallons of biodiesel per
gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
where "xx" denotes the volume percent biodiesel included in the
blended product. This subdivision does
not apply to sales or transfers of biodiesel blend stock between refineries,
between terminals, or between a refinery and a terminal.
Subd. 5. Annual report. Beginning
in 2009, the commissioner of agriculture must report by January 15 of each year
to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over agriculture policy and finance regarding the
implementation of the minimum content requirements in subdivision 2, including
information about the price and supply of biodiesel fuel. The report must include any written comments
received from members of the Biodiesel Fuel Task Force by January 1 of that
year.
Sec. 2. Minnesota Statutes 2007
Supplement, section 296A.01, subdivision 8a, is amended to read:
Subd. 8a. Biodiesel fuel.
"Biodiesel fuel" means a renewable, biodegradable, mono
alkyl ester combustible liquid fuel derived from agricultural plant oils or
animal fats and that meets American Society for Testing and Materials
specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels has the meaning given in section 239.77, subdivision 1.
Sec. 3. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
The commissioners of finance, commerce, and the Pollution Control
Agency must develop and submit to the legislature as part of their next
biennial budget request a proposal for eliminating, to the extent feasible,
redundant fuel inspections and dedicating, to the extent feasible, all revenue
from the petroleum inspection fee levied on petroleum products under Minnesota
Statutes, section 239.101, subdivision 3, to the Weights and Measures Division
of the Department of Commerce. All
additional funding appropriated to the Weights and Measures Division under this
proposal must be used for increased and enhanced fuel quality assurance
enforcement activities and equipment and for educational activities focused on
the handling, distribution, and use of biodiesel fuel.
Sec. 4. BIO-BASED DIESEL ALTERNATIVES.
(a) By January 1, 2011, the commissioners of agriculture, commerce, and
the Pollution Control Agency shall jointly review the technology, economics,
and operational characteristics associated with bio-based diesel alternatives
and shall make recommendations concerning their use in Minnesota to the
governor and the chairs of the house of representatives and senate committees
with jurisdiction over agriculture and energy finance.
(b) For the purposes of this section, "bio-based diesel
alternatives" means alternatives to petroleum diesel fuel that are
warrantied for use in a standard diesel engine without modification and derived
from a biological resource.
Sec. 5. TECHNICAL COLD WEATHER ISSUES.
The commissioners of agriculture and commerce shall convene technical
stakeholders who are experts in cold weather biodiesel and petroleum diesel
issues to consider and make recommendations regarding improvements in the
production, blending, handling, and distribution of biodiesel blends to further
ensure the performance of these fuels in cold weather. The commissioners shall issue a report on
these issues by January 15, 2009, to the chairs of the house of representatives
and senate committees with jurisdiction over agriculture and commerce policy
and finance.
ARTICLE 3
VETERANS AFFAIRS POLICY
Section 1. Minnesota Statutes
2006, section 13.785, is amended by adding a subdivision to read:
Subd. 4. Deceased veterans data.
Data relating to veterans deceased as a result of service-connected
causes are classified under section 197.225.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING ACTIVE
SERVICE.
Subdivision 1. Definitions. (a)
The definitions in this subdivision apply to this section.
(b) "Active service" has the meaning given in section 190.05,
subdivision 5.
(c) "Business" means a business wholly owned by a qualified
service member, or jointly by the member and the member's spouse, irrespective
of whether the business is a sole proprietorship, corporation, limited
liability company, partnership, limited partnership, or other type of business
entity.
(d) "Qualified service member" means a Minnesota resident who
is serving honorably as a member of the Minnesota National Guard or any other
military reserve unit of the United States armed forces who has been ordered
into active service for a period of 60 days or longer.
Subd. 2. Protection provided.
(a) Notwithstanding any other law or rule to the contrary, the
business of a qualified service member may be exempted from civil court
proceedings for part or all of the period of the member's active military
service and for up to 60 days thereafter, as provided in this section.
(b) If the business of a qualified service member is a defendant in a
civil action, the court may, on its own motion, grant a stay in the proceedings
for a minimum of 60 days. The court, on
its own motion, may renew the stay as the court considers appropriate. If the qualified service member petitions
the court in any manner for a stay, the court must grant a stay for a minimum
of 60 days, provided that:
(1) the service member submits to the court a letter or other
communication setting forth facts stating the manner in which current military
duty requirements materially affect the service member's ability to appear or
otherwise participate in the proceedings, and stating a date when the service
member will be available to appear or otherwise participate in the proceedings;
and
(2) the service member submits a letter or other communication from the
service member's commanding officer stating that the service member's current
military duty prevents appearance and that military leave is not authorized for
the service member at the time of the letter.
(c) A service member's communication with the court requesting a stay
does not constitute an appearance for jurisdictional purposes and does not
constitute a waiver of any substantive or procedural defense, including a
defense relating to lack of personal jurisdiction.
(d) A qualified service member who is granted a stay in the action or
proceedings against the member's business may in any manner request from the
court an additional stay, which the court may grant if the service member can
show to the satisfaction of the court that the member's military requirements
affect the member's ability to appear.
However, the court is not obligated to grant the additional stay. If the court refuses to grant an additional
stay, the court must provide the service member with information enabling the
service member to acquire qualified legal counsel, at the service member's
discretion, for defending the action.
(e) If a default judgment is entered in a civil action against the
business of a qualified service member during the service member's period of
active military service, or within 60 days following termination of or release
from the active military service, the court entering the judgment must, upon
application by or on behalf of the service member, reopen the judgment for the
purpose of allowing the member to defend the action if it appears that:
(1) the service member was materially affected by reason of that
military service in making a defense to the action; and
(2) the service member has a meritorious or legal defense to the action
or some part of it.
EFFECTIVE DATE. This section is effective July 1, 2008, and applies to civil
court actions pending or initiated on or after that date.
Sec. 3. Minnesota Statutes
2006, section 196.021, is amended to read:
196.021 DEPUTY
COMMISSIONERS; DUTIES.
Subdivision 1. Appointment. The commissioner shall appoint a deputy commissioner for veteran
services as provided in subdivision 2, and the board of directors of
the Minnesota Veterans Homes may appoint a deputy commissioner for veteran
health care as provided in section 198.004. Both deputy commissioners serve in the unclassified service, the
deputy for veteran services at the pleasure of the commissioner and the
deputy for veteran health care at the pleasure of the board. Both deputies shall must be
residents of Minnesota, citizens of the United States, and veterans as defined
in section 197.447.
Subd. 2. Deputy for veteran services; Powers and duties. The deputy commissioner for veteran services
has and the deputy commissioner for veteran health care have those
powers delegated by the commissioner that have not otherwise been delegated
to the deputy commissioner for veteran health care by the commissioner or
assigned to that deputy commissioner by law. A delegation must be in writing, signed by the commissioner, and
filed with the secretary of state.
Sec. 4. Minnesota Statutes
2006, section 196.03, is amended to read:
196.03 OFFICERS AND
EMPLOYEES.
Except as provided in chapter 198, All officers and employees of the department
shall be appointed by the commissioner and they shall perform such duties as
may be assigned to them by the commissioner.
Sec. 5. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
Subdivision 1. Creation. The
Veterans Health Care Advisory Council is established to provide the Department
of Veterans Affairs with advice and recommendations on providing veterans with
quality long-term care and the anticipated future needs of Minnesota veterans.
Subd. 2. Membership. (a)
The council consists of nine public members appointed by the governor. The council members are:
(1) seven members with extensive expertise in health care delivery,
long-term care, and veterans services;
(2) one licensed clinician who may be either a physician, physician's
assistant, or a nurse practitioner; and
(3) one additional member.
(b) The governor shall designate a member to serve as the chair.
(c) The commissioner of veterans affairs, or the commissioner's
designee, is an ex officio member of the council and shall provide necessary
and appropriate administrative and technical support to the council.
(d) Membership terms, removal of members, and the filling of vacancies
are as provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation or
per diem payments, but may receive reimbursement for expenses pursuant to
section 15.059, subdivision 3.
Subd. 3. Duties. The
council is an advisory group with the responsibility of providing the
commissioner of veterans affairs with information and professional expertise on
the delivery of quality long-term care to veterans. The council's duties include:
(1) developing a new vision and strategic plan for the veterans homes
that complements the Department of Veterans Affairs overall veterans service
programs;
(2) providing recommendations and advice on matters including clinical
performance, systemwide quality improvement efforts, culture and working
environment of the veterans homes, and other operational and organizational
functions of the veterans homes;
(3) studying and reviewing current issues and trends in the long-term
care industry and the veterans community;
(4) providing recommendations to the commissioner on alternative
options for the delivery of long-term care to veterans so that veterans and
their families can determine appropriate services under models similar to those
available in the community;
(5) establishing, as appropriate, subcommittees or ad hoc task forces
of council members, stakeholders, and other individuals with expertise or
experience to address specific issues; and
(6) reviewing and providing advice on any other matter at the request
of the commissioner.
Subd. 4. Continuation. To
ensure continued accountability and the active involvement of healthcare
experts and stakeholders in the governance structure of the veterans homes, the
governor may appoint a panel of experts to review the continuing effectiveness
of the council. The commissioner may
disband the council at any time.
Sec. 6. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
(a) The commissioner of veterans affairs shall collect and maintain
data about Minnesota residents who have died of service-connected causes while
serving in the United States armed forces.
The data may include deceased service members who are the immediate
family members of Minnesota residents, but who themselves were not Minnesota
residents at the time of death. The
commissioner shall collect the following data:
the individual's full name, military rank, branch of service, age at the
time of death, and Minnesota hometown or if not a Minnesota resident at the
time of death, the service member's home state.
(b) Data collected pursuant to this section are nonpublic data, but may
be disseminated to the individual's next of kin, and for ceremonial or honorary
purposes to veterans' organizations, civic organizations, the news media, and
researchers. No other use or
dissemination of the data is permitted.
(c) The next of kin of a veteran whose data is collected may request
that the data not be disseminated for any purpose. Upon receiving such a request, the Department of Veterans Affairs
must exclude the deceased veteran's data from any data disseminated for
ceremonial or honorary purposes as permitted by paragraph (b).
(d) Data collected pursuant to this section shall not be indicative of
any person's status with regard to qualification for veterans benefits or other
benefits.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes
2006, section 197.236, is amended to read:
197.236 VETERANS CEMETERY
STATE VETERANS CEMETERIES.
Subd. 3. Operation and maintenance.
The commissioner of veterans affairs shall supervise and control the
veterans cemetery cemeteries established under this section. The cemeteries are to be maintained and
operated in accordance with the operational standards and measures of the
National Cemetery Administration. The
commissioner may contract for the maintenance and operation of the cemetery
cemeteries. All personnel, equipment,
and support necessary for maintenance and operation of the cemetery
cemeteries must be included in the department's budget.
Subd. 5. Rules. The commissioner of
veterans affairs may adopt rules regarding the operation of the cemetery
cemeteries. If practicable,
The commissioner shall require that upright granite markers supplied by the
United States Department of Veterans Affairs be used to mark all
gravesites.
Subd. 6. Permanent development and maintenance account. A veterans cemetery development and
maintenance account is established in the special revenue fund of the state
treasury. Receipts for burial fees, earnings
from the veterans cemetery trust account plot or interment allowance
claims, designated appropriations, and any other cemetery receipts must be
deposited into this account. The money
in the account, including interest earned, is appropriated to the commissioner
to be used for the development, operation, maintenance, and improvement of the cemetery
cemeteries. To the extent practicable,
the commissioner of veterans affairs must apply for available federal grants for
the development and operation of the cemetery to establish, expand, or
improve the cemeteries.
Subd. 7. Permanent trust account.
A veterans cemetery trust account is established in the special
revenue fund of the state treasury. All
designated appropriations and monetary donations to the cemetery must be placed
in this account. The principal of this
account must be invested by the State Board of Investment and may not be
spent. The income from this account
must be transferred as directed by the account manager to the veterans cemetery
development and maintenance account.
Subd. 8. Eligibility. Any person
who is eligible for burial in a national veterans cemetery is eligible for
burial in the State Veterans Cemetery Cemeteries must be operated solely
for the burial of service members who die on active duty, eligible veterans,
and their spouses and dependent children, as defined in United States Code,
title 38, section 101, paragraph (2).
Subd. 9. Burial fees. The
commissioner of veterans affairs shall establish a fee schedule, which may be
adjusted from time to time, for the interment of eligible family members
spouses and dependent children. The
fees shall cover as nearly as practicable the actual costs of interment,
excluding the value of the plot. The
department may accept the Social Security burial allowance, if any, of the
eligible family members in an amount not to exceed the actual cost of the
interment. The commissioner may
waive the fee in the case of an indigent eligible person.
No plot or interment fees may be charged for the burial of eligible
veterans, members of the National Guard, or military reservists, except that
funds available from the Social Security or veterans burial allowances, if any,
must be paid to the commissioner in an amount not to exceed the actual cost of
the interment, excluding the value of the plot service members who die
on active duty or eligible veterans, as defined in United States Code, title
38, section 101, paragraph (2).
Prior to the interment of an eligible person, the commissioner shall
request the cooperation of the eligible person's next of kin in applying to the
appropriate federal agencies for payment to the cemetery of any allowable
interment allowance.
Subd. 10. Allocation of plots.
A person, or survivor of a person, eligible for interment in the
State Veterans Cemetery may apply for a burial plot for the eligible person by
submitting a request to the commissioner of veterans affairs on a form supplied
by the department. The department shall
allot plots on a first-come, first-served basis. To the extent that it is practical, plots must be allocated in a
manner permitting the burial of eligible family members above, below, or
adjacent to the eligible veteran, member of the National Guard, or military
reservist.
Subd. 11. Plot allowance claims.
The commissioner of veterans affairs must apply to the Veterans
Benefits Administration for a plot or interment allowance payable to the state
for expenses incurred by the state in the burial of eligible veterans in
cemeteries owned and operated by the state if the burial is performed at no
cost to the veteran's next of kin.
Subd. 12. No staff. No
staff may be hired for or allocated to any new veterans cemetery without
explicit legislative approval.
Sec. 8. Minnesota Statutes 2007
Supplement, section 197.791, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of veterans
affairs, unless otherwise specified.
(c) "Cost of attendance" for both graduate and
undergraduate students has the meaning given in section 136A.121, subdivision
6, multiplied by a factor of 1.1 1.2. The Cost of attendance for graduate students has the
meaning given in section 136A.121, subdivision 6, multiplied by a factor of
1.2, using the tuition and fee maximum established by law for four-year
programs shall be used to calculate the tuition and fee maximum under
section 136A.121, subdivision 6, for a graduate student. For purposes of calculating the cost of
attendance for graduate students, full time is eight credits or more per term
or the equivalent.
(d) "Child" means a natural or adopted child of a person
described in subdivision 4, paragraph (a), clause (1), item (i) or (ii).
(e) "Eligible institution" means a postsecondary institution
under section 136A.101, subdivision 4, or a graduate school licensed or
registered with the state of Minnesota serving only graduate students.
(f) "Program" means the Minnesota GI Bill program established
in this section, unless otherwise specified.
(g) "Time of hostilities" means any action by the armed
forces of the United States that is recognized by the issuance of a
presidential proclamation or a presidential executive order in which the armed
forces expeditionary medal or other campaign service medals are awarded
according to presidential executive order, and any additional period or place
that the commissioner determines and designates, after consultation with the
United States Department of Defense, to be a period or place where the United
States is in a conflict that places persons at such a risk that service in a
foreign country during that period or in that place should be considered to be
included.
(h) "Veteran" has the meaning given in section 197.447. Veteran also includes a service member who
has received an honorable discharge after leaving each period of federal active
duty service and has:
(1) served 90 days or more of federal active duty in a foreign country
during a time of hostilities in that country; or
(2) been awarded any of the following medals:
(i) Armed Forces Expeditionary Medal;
(ii) Kosovo Campaign Medal;
(iii) Afghanistan Campaign Medal;
(iv) Iraq Campaign Medal;
(v) Global War on Terrorism Expeditionary Medal; or
(vi) any other campaign medal authorized for service after September
11, 2001;
or
(2)
(3) received a service-related medical discharge from any period of
service in a foreign country during a time of hostilities in that country.
A service member who has
fulfilled the requirements for being a veteran under this paragraph but is
still serving actively in the United States armed forces is also a veteran for
the purposes of this section.
Sec. 9. Minnesota Statutes 2007
Supplement, section 197.791, subdivision 4, is amended to read:
Subd. 4. Eligibility. (a) A person
is eligible for educational assistance under this section if:
(1) the person is:
(i) a veteran who is serving or has served honorably in any branch or
unit of the United States armed forces at any time on or after September 11,
2001;
(ii) a nonveteran who has served honorably for a total of five years or
more cumulatively as a member of the Minnesota National Guard or any other
active or reserve component of the United States armed forces, and any part of
that service occurred on or after September 11, 2001;
(iii) the surviving spouse or child of a person
who has served in the military at any time on or after September 11, 2001, and who has died as a
direct result of that military service; or
(iv) the spouse or child of a person who has served in the military at
any time on or after September 11, 2001, and who has a total and permanent
service-connected disability as rated by the United States Veterans
Administration;
(2) the person providing the military service described in clause (1),
items (i) to (iv), was a Minnesota resident within six months of the time of
the person's initial enlistment or any reenlistment in the United States armed
forces;
(3)
(2) the person receiving the educational assistance is a Minnesota
resident, as defined in section 136A.101, subdivision 8; and
(4)
(3) the person receiving the educational assistance:
(i) is an undergraduate or graduate student at an eligible institution;
(ii) is maintaining satisfactory academic progress as defined by the
institution for students participating in federal Title IV programs;
(iii) is enrolled in an education program leading to a certificate,
diploma, or degree at an eligible institution;
(iv) has applied for educational assistance under this section prior to
the end of the academic term for which the assistance is being requested;
(v) is in compliance with child support payment requirements under
section 136A.121, subdivision 2, clause (5); and
(vi) if an undergraduate student, has applied for the federal Pell
Grant and the Minnesota State Grant has completed the Free Application
for Federal Student Aid (FAFSA).
(b) A person's eligibility terminates when the person becomes eligible
for benefits under section 135A.52.
(c) To determine eligibility, the commissioner may require official
documentation, including the person's federal form DD-214 or other official
military discharge papers; correspondence from the United States Veterans
Administration; birth certificate; marriage certificate; proof of enrollment at
an eligible institution; signed affidavits; proof of residency; proof of
identity; or any other official documentation the commissioner considers
necessary to determine eligibility.
(d) The commissioner may deny eligibility or terminate benefits under
this section to any person who has not provided sufficient documentation to
determine eligibility for the program.
An applicant may appeal the commissioner's eligibility determination or
termination of benefits in writing to the commissioner at any time. The commissioner must rule on any
application or appeal within 30 days of receipt of all documentation that the
commissioner requires. The decision of
the commissioner regarding an appeal is final.
However, an applicant whose appeal of an eligibility determination has
been rejected by the commissioner may submit an additional appeal of that
determination in writing to the commissioner at any time that the applicant is
able to provide substantively significant additional information regarding the
applicant's eligibility for the program.
An approval of an applicant's eligibility by the commissioner following
an appeal by the applicant is not retroactively effective for more than one
year or the semester of the person's original application, whichever is later.
(e) Upon receiving an application with insufficient documentation to
determine eligibility, the commissioner must notify the applicant within 30
days of receipt of the application that the application is being suspended
pending receipt by the commissioner of sufficient documentation from the
applicant to determine eligibility.
Sec. 10. Minnesota Statutes
2007 Supplement, section 197.791, subdivision 5, is amended to read:
Subd. 5. Benefit amount. (a) On
approval by the commissioner of eligibility for the program, the applicant
shall be awarded, on a funds-available basis, the educational assistance under
the program for use at any time according to program rules at any eligible
institution.
(b) The amount of educational assistance in any semester or term for an
eligible person must be determined by subtracting from the eligible person's
cost of attendance the amount the person received or was eligible to receive in
that semester or term from:
(1) the federal Pell Grant;
(2) the state grant program under section 136A.121; and
(3) any federal military or veterans educational benefits including but
not limited to the Montgomery GI Bill, GI Bill Kicker, the federal tuition
assistance program, vocational rehabilitation benefits, and any other federal
benefits associated with the person's status as a veteran, except veterans
disability payments from the United States Veterans Administration.
(c) The amount of educational assistance for any eligible person who is
a full-time student must not exceed the following:
(1) $1,000 per semester or term of enrollment;
(2) $2,000 $3,000 per state fiscal year; and
(3) $10,000 in a lifetime.
For a part-time student, the
amount of educational assistance must not exceed $500 per semester or term of
enrollment. For the purpose of this
paragraph, a part-time undergraduate student is a student taking fewer than 12
credits or the equivalent for a semester or term of enrollment and a
part-time graduate student is a student considered part time by the eligible
institution the graduate student is attending.
The minimum award for undergraduate and graduate students is $50 per
term.
Sec. 11. Minnesota Statutes
2006, section 198.32, subdivision 1, is amended to read:
Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has
the right to complain and otherwise exercise freedom of expression and assembly
which is guaranteed by amendment I of the United States Constitution. The administrator of the home shall inform
each resident in writing at the time of admission of the right to complain to
the administrator about home accommodations and services. A notice of the right to complain shall be
posted in the home. The administrator
shall also inform each resident of the right to complain to the board or to
the commissioner of veterans affairs.
Each resident of a home shall be encouraged and assisted, throughout the
period of stay in the home, to understand and exercise the rights of freedom of
expression and assembly as a resident and as a citizen, and, to this end, the
resident may voice grievances and recommend changes in policies and services to
home staff, other residents, and outside representatives of the resident's
choice, free from restraint, interference, coercion, discrimination, or
reprisal, including retaliatory eviction.
Sec. 12. Minnesota Statutes
2006, section 349.12, subdivision 3a, is amended to read:
Subd. 3a. Allowable expense.
"Allowable expense" means the percentage of the total cost
incurred by the organization in the purchase of any good, service, or other
item which corresponds to the proportion of the total actual use of the good,
service, or other item that is directly related to conduct of lawful
gambling. Allowable expense includes
the advertising of the conduct of lawful gambling, provided that the amount
expended does not exceed five percent of the annual gross profits of the
organization or $5,000 per year per organization, whichever is less. A percentage of the cost of a newsletter
of a veterans organization, as determined by the board, is an allowable expense
if any portion of the newsletter is used to promote lawful gambling in
Minnesota. The board may adopt
rules to regulate the content of the advertising to ensure that the content is
consistent with the public welfare.
Sec. 13. Minnesota Statutes
2006, section 609.115, is amended by adding a subdivision to read:
Subd. 10. Veterans mental health status. If a defendant convicted of a crime is currently serving in
the military or is a veteran and has been diagnosed by a qualified psychiatrist
or clinical psychologist or physician with a mental illness, the court may:
(1) order that the officer preparing the report under subdivision 1
consult with the United States Department of Veterans Affairs, Minnesota
Department of Veterans Affairs, or another agency or person with suitable
knowledge or experience, for the purpose of providing the court with
information regarding treatment options available to the defendant including
federal, state, and local programming; and
(2) consider the treatment recommendations of any diagnosing or
treating mental health professionals together with the treatment options
available to the defendant in imposing sentence.
Sec. 14. RULES TRANSFER.
Minnesota Rules, chapter 9050, is transferred from the Veterans Homes
Board of Directors to the commissioner of veterans affairs. The commissioner shall administer and
enforce those rules and may amend or repeal them.
Sec. 15. APPOINTMENTS.
Notwithstanding Minnesota Statutes, section 196.30, subdivision 2,
paragraph (d), the governor may make the initial appointments to the Veterans
Health Care Advisory Council under Executive Order 07-20 without complying with
the appointment process in Minnesota Statutes, section 15.0597.
Sec. 16. PARTNERING IN DELIVERY OF VETERANS SERVICES.
The commissioner must seek input from a broad range of experienced
nongovernmental social service and health care providers, including both
secular and faith-based service organizations, from throughout the state
regarding the feasibility of public-private collaboration in providing services
to Minnesota Veterans. The services may
include home health care, psychological counseling, life-skills rehabilitation
counseling, home hospice care, respite care, and other types of home-based
health care as judged necessary by the commissioner to enable veterans to
recover from service-connected injuries, illnesses, and disabilities. The commissioner must report to the
legislature by January 15, 2009, on its findings and recommendations for
establishing such service-delivery partnerships.
Sec. 17. VETERANS HOMES STRATEGIC PLANNING GROUP.
Subdivision 1. Creation. An
intergovernmental and veterans study group shall be appointed for the purpose
of conducting strategic planning for existing and future state veterans homes,
including in-depth strategic planning for the Minneapolis veterans home. This group is designated the "Veterans
Homes Strategic Planning Group." The Veterans Homes Strategic Planning
Group shall consist of the following 17 members:
(1) three senators, including two members of the majority party and one
member of the minority party, at least one of whom represents a Minneapolis
legislative district and one of whom represents a greater-Minnesota legislative
district, appointed by the Subcommittee on Committees of the Committee on Rules
and Administration of the senate;
(2) three members of the house of representatives, including two
members of the majority party and one member of the minority party, at least
one of whom represents a Minneapolis legislative district and one of whom
represents a greater-Minnesota legislative district, appointed by the speaker
of the house;
(3) the commissioner and two deputy commissioners of the Minnesota
Department of Veterans Affairs (MDVA), or the commissioner's designees;
(4) the president and legislative chair person of the Minnesota
Association of County Veteran Service Officers (CVSOs), or the president's
designees;
(5) the chair of the Commanders Task Force of Minnesota's
congressionally-chartered veterans service organizations, or the chair's
designee;
(6) the mayor of Minneapolis, or the mayor's designee, and one
Minneapolis city planner designated by the mayor;
(7) the chair of the Twin Cities Metropolitan Council, or the chair's
designee;
(8) one person from the Minnesota Inter-County Association (MICA), as
designated by the association board; and
(9) one person from the Association of Minnesota Counties (AMC), as
designated by the Association board.
Subd. 2. Duties. (a) The
Veterans Homes Strategic Planning Group must meet periodically to conduct
strategic planning for the state veterans homes, both existing and future, and
with special focus on the current Minnesota veterans home in Minneapolis. The planning process must encompass a
25-year future time span, and must include:
(1) current and projected figures for the number of Minnesota veterans
within broad age categories, by gender and geographic region of the state;
(2) current and projected needs of Minnesota veterans for skilled
nursing care, domiciliary care and outpatient services, as being currently provided
by the state veterans homes, and as may be needed in the future;
(3) current and projected capital expenditure, plant maintenance, and
operational costs for each existing Minnesota veterans home, both per-facility
and per-veteran-served, with discussion of factors determining cost differences
among the homes;
(4) identification and discussion of the feasibility of alternative
methods for meeting at least some of the various future needs of veterans,
including:
(i) the possibility of partnering for home-based services for veterans
with nongovernmental nonprofit or faith-based social service and healthcare
delivery organizations, as a means of reducing some of the future needs of
veterans for domiciliary or skilled nursing care in veterans homes;
(ii) reliance on private, veterans-only nursing homes for handling part
or all of the future growth in veterans skilled nursing or domiciliary needs,
possibly supplemented by some state-provided veterans services not currently
available in private nursing homes; or
(iii) any other feasible alternative service delivery methods;
(5) current and projected capital expenditure, plant maintenance, and
operational costs for meeting future veterans needs under:
(i) the veterans-homes-only model; and
(ii) the combined veterans-homes and home-based partnering model (or
any other feasible service delivery model that the group identifies); and
(6) discussion and recommendations regarding:
(i) the types and levels of veterans home care judged feasible for the
state to attempt to provide in the near-term and long-term future; and
(ii) the optimal locations and timing for construction of any future
state veterans homes and other service delivery facilities in Minnesota.
(b) In addition to the duties described in paragraph (a), the Veterans
Homes Strategic Planning Group must provide specific addition analysis of the
projected capital, maintenance, and operating costs of the current Minnesota
veterans home in Minneapolis, and must assess the feasibility of alternative
operational models at that home or at locations within the seven-county
metropolitan area. Discussion must
include the feasibility, and estimation of any cost-savings from the razing or
remodeling and converting of some of the infrastructure of the current campus
for alternative uses and other pertinent items, such as:
(i) construction of rental housing for veterans and family members of
veterans receiving medical care at the nearby US/VA Medical Center or other
nearby medical institutions;
(ii) conducting a land use study including a highest and best use
analysis for the existing site and all improvements;
(iii) investigating opportunities for public/private partnerships in
strategic land use; and
(iv) any other purpose judged feasible by the strategic planning group.
Subd. 3. Report required. (a)
By January 15, 2009, the Veterans Homes Strategic Planning Group must report
its proposed recommendations to the chairs of the senate and house committees
with jurisdiction over veterans affairs, state governmental operations, and
local government affairs. The strategic
planning group may suggest draft legislation for legislative consideration.
(b) The strategic planning group may continue its strategic planning
activities and by January 15, 2010, may issue a second report to the same
legislative chairs containing follow-up recommendations for legislative
consideration.
Subd. 4. Administrative provisions.
(a) The commissioner of veterans affairs, or the commissioner's
designee, must convene the initial meeting of the Veterans Homes Strategic
Planning Group. Upon request of the
group, the commissioner must provide meeting space and administrative services
for the group. The members of the group
must elect a chair or co-chairs from the legislative members of the group at
the initial meeting. Each subsequent
meeting of the group is at the call of the chair or co-chairs.
(b) Public members of the strategic planning group serve without
special compensation or special payment of expenses from the group.
(c) The strategic planning group expires on June 30, 2010, unless an
extension is authorized by law by that date.
(d) In accordance with completed predesign documents, veterans
population surveys, and department construction project priority listing, the
commissioner shall continue to plan, develop, and pursue federal funding and
other resources for the construction of a veterans long-term and domiciliary
mental health facility in Kandiyohi County.
The planning must include possible options for traumatic brain injury
treatment.
Subd. 5. Deadline for appointments and designations. The appointments and designations
authorized by this section must be completed by August 1, 2008. The strategic planning group must convene
its initial meeting no later than September 1, 2008.
EFFECTIVE DATE. This section is effective the day following final enactment
Sec. 18. COUNTY VETERANS SERVICES WORKING GROUP.
Subdivision 1. Creation. The
County Veteran Services Working Group shall consist of the following 13 members:
(1) two senators, including one member from the majority party and one
member from the minority party, appointed by the Subcommittee on Committees of
the Committee on Rules and Administration of the senate;
(2) two members of the house of representatives, one member from the
majority party and one member from the minority party, appointed by the speaker
of the house;
(3) the commissioner and two deputy commissioners of the Minnesota
Department of Veterans Affairs (MDVA), or the commissioner's designees;
(4) the president, vice president, and legislative chair person of the
Minnesota Association of County Veteran Service Officers (CVSOs);
(5) the chair of the Commanders Task Force of Minnesota's
congressionally-chartered veterans service organizations, or the chair's
designee;
(6) one person from the Minnesota Inter-County Association (MICA), as
designated by the association board; and
(7) one person from the Association of Minnesota Counties (AMC), as
designated by the association board.
Subd. 2. Duties. The
working group must meet periodically to review the findings and recommendations
of the 2008 report of the Office of the Legislative Auditor (OLA) on
Minnesota's county veterans service offices, and make written recommendations
to the legislature regarding whether and how each of that report's
recommendations should be implemented.
The working group may also provide additional recommendations on how to
enhance the current services provided by the county veteran service offices.
The working group may suggest draft legislation for legislative
consideration. By January 15, 2009, the
working group must report its proposed recommendations to the chairs of the
senate and house committees with jurisdiction over veterans affairs, state
governmental operations, and local government affairs.
Subd. 3. Administrative provisions.
(a) The commissioner of veterans affairs, or the commissioner's
designee, must convene the initial meeting of the working group. Upon request of the working group, the commissioner
must provide meeting space and administrative services for the group. The members of the working group must elect
a chair or co-chairs from the legislative members of the working group at the
initial meeting. Each subsequent
meeting is at the call of the chair or co-chairs.
(b) Public members of the working group serve without special
compensation or special payment of expenses from the working group.
(c) The working group expires on June 30, 2009, unless an extension is
authorized by law by that date.
Subd. 4. Deadline for appointments and designations. The appointments and designations
authorized by this section must be completed by August 1, 2008. The working group must convene its initial
meeting no later than September 1, 2008.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 19. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
(a) By October 1, 2008, each hiring authority of the executive,
legislative, and judicial branches of state government must report to the
commissioner of finance on the incidence of employment, recruitment, retention,
and retirement of veterans in their nonelected workforce for fiscal year
2008. The report must be made in a
manner approved by the commissioner and must include analysis by age
category. Each hiring authority must
also report specific veteran employment data requested by the commissioner as
of June 30, 2008, June 30, 2001, and an earlier date if judged feasible by the
commissioner.
(b) By January 15, 2009, the commissioner must submit a report on the
employment of veterans in state government to the chairs of the house and
senate policy and finance committees having jurisdiction over veterans
affairs. The report must present and
analyze the data obtained in paragraph (a).
(c) For purposes of this section, "veteran" has the meaning
given in Minnesota Statutes, section 197.447.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 20. REVISOR'S INSTRUCTION.
(a) The revisor shall change "board," "board of
directors," or "Veterans Homes Board of Directors" to
"commissioner" wherever it is used in Minnesota Statutes, sections
198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066;
198.16; 198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35;
198.36; and 198.37; and shall change "board rules" to "rules
adopted under this chapter" wherever it appears in Minnesota Statutes,
sections 198.007 and 198.022.
(b) In Minnesota Rules, chapter 9050, the revisor shall:
(1) change the terms "executive director," "executive
director of the board," "executive director of the Veterans Homes
Board," "Minnesota Veterans Homes Board," and "board"
to "commissioner of veterans affairs" except where the term
"board" is used with a different meaning in Minnesota Rules, part
9050.0040, subpart 16;
(2) change the term "board-operated facility" to
"facility operated by the commissioner of veterans affairs" and
change the term "non-board-operated facility" to "facility not operated
by the commissioner of veterans affairs";
(3) change the term "board-approved" to "approved by the
commissioner of veterans affairs"; and
(4) eliminate the term "board" where it is used in the third
paragraph of Minnesota Rules, part 9050.1070, subpart 9.
(c) The revisor shall change any of the terms in paragraph (a) or (b)
to "commissioner of veterans affairs" if they are used to refer to
the Veterans Homes Board of Directors or its executive director anywhere else
in Minnesota Statutes or Minnesota Rules.
Sec. 21. REPEALER.
(a) Minnesota Statutes 2006, sections 197.236, subdivisions 7 and 10;
198.001, subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003,
subdivisions 5 and 6; and 198.004, subdivision 2, and Minnesota Statutes 2007
Supplement, sections 198.002, subdivision 2; and 198.004, subdivision 1, are
repealed.
(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed."
Delete the title and insert:
"A bill for an act relating to the operation of state
government; making certain changes in agriculture, fuel, and veterans policy;
establishing or changing certain programs, requirements, and procedures;
regulating certain activities; establishing a planning group and a working
group; appropriating money; amending Minnesota Statutes 2006, sections 13.785,
by adding a subdivision; 18B.065, subdivisions 2, 7; 18B.07, subdivision 2;
18D.305, subdivision 2; 18E.04, subdivision 2; 28A.03, by adding a subdivision;
28A.08; 28A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05;
31.171; 41D.01, subdivision 4; 97A.028, subdivision 3; 148.01, subdivision 1,
by adding subdivisions; 196.021; 196.03; 197.236; 198.32, subdivision 1;
239.77, as amended; 349.12, subdivision 3a; 609.115, by adding a subdivision;
Minnesota Statutes 2007 Supplement, sections 18B.065, subdivisions 1, 2a;
18B.26, subdivision 3; 31.175; 35.244; 41A.105, subdivision 2; 197.791,
subdivisions 1, 4, 5; 296A.01, subdivision 8a; Laws 2007, chapter 45, article
1, section 3, subdivisions 3, 4, 5; proposing coding for new law in Minnesota
Statutes, chapters 17; 32; 148; 192; 196; 197; repealing Minnesota Statutes
2006, sections 197.236, subdivisions 7, 10; 198.001, subdivisions 6, 9;
198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision
2; Minnesota Statutes 2007 Supplement, sections 41A.105, subdivision 5;
198.002, subdivision 2; 198.004, subdivision 1; Minnesota Rules, part
9050.0040, subpart 15."
The motion prevailed and the amendment was adopted.
Juhnke moved to amend S. F.
No. 3683, the third engrossment, as amended, as follows:
Page 2, line 4, before
"and" insert "horses,"
Page 2, line 10, delete
"raceways" and insert "lanes" and delete
"dairy cows" and insert "livestock" and
delete "for" and insert a semicolon
Page 2, delete line 11
Page 2, line 13, delete
"and"
Page 2, line 14, delete
"or" and insert "and"
Page 2, after line 14,
insert:
"(iv) fences; or"
Page 2, line 33, delete
"and"
Page 2, line 34, delete the
period, and insert "; and"
Page 2, after line 34, insert:
"(xviii) livestock
pens and corrals and sorting, restraining, and loading chutes."
Page 3, delete lines 29 to
34
Page 51, line 22, delete
"17"
Page 52, after line 4,
insert:
"(6) two members
each from the Minnesota departments of the American Legion, the Veterans of
Foreign Wars, and the Disabled American Veterans, as appointed by the
respective state commander of each organization, provided that of each
organization's appointees, at least one be a resident of rural Minnesota;"
Page 52, line 5, delete
"(6)" and insert "(7)"
Page 52, line 7, delete
"(7)" and insert "(8)"
Page 52, line 8, delete
"(8)" and insert "(9)"
Page 52, line 10, delete
"(9)" and insert "(10)"
Page 55, delete section 19
and insert:
"Sec. 19. STUDY
OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
(a) By October 1, 2008, each
appointing authority in the executive branch of state government, including the
Minnesota State Colleges and Universities, must report to the commissioner of
finance on the incidence of employment, recruitment, retention, and retirement
of veterans in their nonelected workforce for fiscal year 2008. The report must be made in a manner approved
by the commissioner, and for each separate hiring unit must include tabulation
by age category and length of state employment in the executive branch,
including the state college and university system. Each executive branch appointing authority must also report
specific veteran employment data requested by the commissioner as of June 30,
2008, June 30, 2001, and an earlier date if judged feasible by the
commissioner. By January 15, 2009, the
commissioner must submit a report on the employment of veterans in the
executive branch to the chairs of the house and senate policy and finance
committees having jurisdiction over veterans affairs. The report must present and analyze the data obtained in this
paragraph.
(b) By October 1, 2008, the
judicial branch of state government must report to the chairs of the house and
senate policy and finance committees having jurisdiction over veterans affairs
the number of veterans employed in the judicial branch nonelective workforce on
June 30, 2008, based on self-reporting of veteran status. For each separate hiring unit, the data must
include tabulation by age category and length of state employment in the
judicial branch.
(c) By October 1, 2008, the
house of representatives, the senate, and the Legislative Coordinating
Commission on behalf of joint legislative offices and commissions, must report
to the chairs of the house and senate policy and finance committees having
jurisdiction over veterans affairs the number of veterans employed in their
nonelective workforce on June 30, 2008, based on self-reporting of veteran
status. For each separate hiring unit,
the data must include tabulation by age category and length of state employment
in the legislative branch.
(d) For purposes of this
section, "veteran" has the meaning given in Minnesota Statutes,
section 197.447.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Winkler was excused between the hours of 10:30 a.m. and 12:20
p.m.
Koenen, Urdahl, Magnus and Juhnke offered an amendment to S. F.
No. 3683, the third engrossment, as amended.
Faust requested a division of the Koenen et al amendment to S.
F. No. 3683, the third engrossment, as amended.
Faust further requested that the second portion of the divided
Koenen et al amendment be voted on first.
The second portion of the Koenen et al amendment to S. F. No.
3683, the third engrossment, as amended, reads as follows:
Page 22, after line 12,
insert:
"Sec. 30. [148.035]
SEPARATE TREATMENT ROOM REQUIRED.
A licensed chiropractor who
provides animal chiropractic treatment in the same facility where human
patients are treated, shall maintain a separate noncarpeted room for the
purpose of adjusting animals. The table
and equipment used for animals shall not be used for human patients."
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 second portion of the Koenen et
al amendment and the roll was called.
There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
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
Kranz
Laine
Lanning
Lenczewski
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
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
The motion prevailed and the second portion of the Koenen et al
amendment was adopted.
The first portion of the Koenen et al amendment to S. F. No.
3683, the third engrossment, as amended, reads as follows:
Page 19, line 24, delete the
comma
Page 19, line 25, delete
"but is not limited to,"
Page 19, line 34, before the
period, insert ", and the animal has been referred to the chiropractor
by a veterinarian"
Page 20, line 9, after the
period, insert "The board shall consult with the State Board of
Veterinary Medicine in preparing proposed rules on animal chiropractic."
Page 22, line 2, delete
everything after the first "veterinarian" and insert "
if requested by the patient's owner."
Page 22, delete line 3
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 first portion of the Koenen et al
amendment and the roll was called.
There were 113 yeas and 12 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Smith
Solberg
Swails
Thao
Tillberry
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, S.
Buesgens
Dean
Dettmer
Eastlund
Faust
Hackbarth
Heidgerken
Olson
Otremba
Slocum
Tschumper
The motion prevailed and the first portion of the Koenen et al
amendment was adopted.
Haws and Dettmer moved to
amend S. F. No. 3683, the third engrossment, as amended, as follows:
Page 41, after line 21,
insert:
"Sec. 3. Minnesota Statutes 2006, section 192.32, is
amended by adding a subdivision to read:
Subd. 2. Family of service
member. It shall be unlawful
for any employer to:
(1) discharge from
employment or take adverse employment action against any employee because of
the membership of that employee's spouse, parent, or child in the military
forces of the United States, of this state, or any other state;
(2) discharge from
employment, take adverse employment action against, or otherwise hinder an
employee from attending the following kinds of events relating to the military
service of the employee's spouse, parent, or child and to which the employee is
invited or otherwise called upon to attend by proper military authorities:
(i) departure or return
ceremonies for deploying or returning military personnel or units;
(ii) family training or
readiness events sponsored or conducted by the military; and
(iii) events held as part of
official military reintegration programs.
The employee must provide
reasonable notice to the employer when requesting time off, and the employer
must provide a reasonable amount of nonpaid time off for the employee, for the
purposes enumerated in items (i) to (iii), not to exceed two consecutive days
or six days in a calendar year. The
employer must not compel the employee to use accumulated but unused vacation
for these events.
EFFECTIVE DATE. This section is effective August 1, 2008, and applies to
employer actions occurring on or after that date."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Dettmer moved to amend S. F.
No. 3683, the third engrossment, as amended, as follows:
Page 41, after line 21,
insert:
"Sec. 3. Minnesota Statutes 2006, section 192.20, is
amended to read:
192.20 BREVET RANK.
Subdivision 1. Personnel eligible for
brevet promotion. (a) Officers,
warrant officers, and enlisted persons of the National Guard who have, after
ten years active service, resigned or retired for physical disability or
otherwise, may in the discretion of the commander-in-chief, on the
recommendation of the adjutant general, be commissioned by brevet, in the next
higher grade than that held by them at the time of their resignation or
retirement.
(b) Officers, warrant
officers, or enlisted persons of the National Guard who die while in state or
federal active service, as defined in section 190.05, or former officers,
warrant officers, or enlisted persons of the National Guard who die as a result
of injuries or other conditions incurred or aggravated while in such service
may, in the discretion of the commander-in-chief, on the recommendation of the
adjutant general, be commissioned by brevet, in the next higher grade than that
held by them at the time of their death.
Subd. 2. Effect of brevet rank. Brevet rank shall be considered strictly
honorary and shall confer no privilege of precedence or command, nor pay any
emoluments. Brevet officers, warrant
officers, and enlisted persons may wear the uniform of their brevet grade on
occasions of ceremony."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Dettmer moved to amend S. F.
No. 3683, the third engrossment, as amended, as follows:
Page 56, line 25, after
"sections" insert "190.17;"
Amend the title accordingly
The motion prevailed and the amendment was adopted.
The Speaker called Pelowski to the Chair.
Paulsen was excused between the hours of 11:35 a.m. and 1:00
p.m.
Tschumper, Buesgens,
Liebling, Wagenius, Paymar, Mariani, Hausman, Johnson, Peppin and Greiling
moved to amend S. F. No. 3683, the third engrossment, as amended, as follows:
Page 36, delete section 1
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Tschumper,
Liebling, Hausman, Paymar, Mariani, Johnson, Peppin and Greiling moved to amend
S. F. No. 3683, the third engrossment, as amended, as follows:
Page 36, line 22, delete
"2009" and insert "2012"
Page 36, line 23, delete
"2012" and insert "2015"
Page 36, line 24, delete
"2015" and insert "2018"
A roll call was requested and properly seconded.
The question was taken on the Tschumper et al amendment and the
roll was called. There were 48 yeas and
77 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anzelc
Benson
Berns
Buesgens
Bunn
Carlson
Clark
Davnie
Dean
DeLaForest
Dettmer
Dittrich
Dominguez
Drazkowski
Eastlund
Emmer
Erhardt
Gardner
Greiling
Hausman
Holberg
Hornstein
Johnson
Kahn
Knuth
Kohls
Laine
Lenczewski
Liebling
Loeffler
Madore
Mariani
Masin
McFarlane
Moe
Mullery
Olson
Paymar
Peppin
Scalze
Severson
Slocum
Smith
Swails
Tschumper
Wagenius
Zellers
Those who voted in the negative were:
Anderson, S.
Atkins
Bigham
Bly
Brod
Brown
Brynaert
Cornish
Demmer
Dill
Doty
Eken
Faust
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Juhnke
Kalin
Koenen
Lanning
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Solberg
Thao
Tillberry
Urdahl
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Tschumper, Clark and
Wagenius moved to amend S. F. No. 3683, the third engrossment, as amended, as
follows:
Page 5, line 20, after the
first period, insert "A pesticide application resulting in pesticide
drift beyond the boundaries of the target site, whether intentional or not, is
illegal."
The motion prevailed and the amendment was adopted.
Tschumper, Clark and
Wagenius moved to amend S. F. No. 3683, the third engrossment, as amended, as
follows:
Page 6, after line 29,
insert:
"(i) Except for a
pesticide application performed by a unit of government or its agent for
maintenance purposes, it is illegal to apply a pesticide to a public
right-of-way or to apply a pesticide on nearby property in a manner that
results in the pesticide drifting onto a public right-of-way, whether the drift
is intentional or not."
The motion prevailed and the amendment was adopted.
Peppin moved to amend S. F.
No. 3683, the third engrossment, as amended, as follows:
Page 22, after line 3,
insert:
"(e) A licensed
chiropractor engaged in the practice of animal chiropractic diagnosis and
treatment must post a conspicuous sign in the reception area of the
chiropractor's place of business informing customers that nonhuman patients are
treated on the premises."
The motion did not prevail and the amendment was not adopted.
Emmer moved to amend S. F.
No. 3683, the third engrossment, as amended, as follows:
Page 22, after line 3,
insert:
"(e) A licensed
chiropractor engaged in the practice of animal chiropractic diagnosis and
treatment must inform an animal owner who solicits or otherwise inquires about
animal chiropractic diagnosis and treatment services that the chiropractor is
not a licensed veterinarian and may only perform the services listed in section
148.01, subdivision 1, clause 2."
The motion did not prevail and the amendment was not adopted.
Westrom, Demmer, Nornes,
Magnus and Gunther moved to amend S. F. No. 3683, the third engrossment, as
amended, as follows:
Page 56, after line 29,
insert:
"ARTICLE 4
ETHANOL BLENDING POLICY
Section 1. Minnesota Statutes 2006, section 239.051,
subdivision 15, is amended to read:
Subd. 15. Ethanol
blender. "Ethanol
blender" means a person who blends and distributes, transports, sells, or
offers to sell gasoline containing ten percent ethanol by volume.
Sec. 2. Minnesota Statutes 2007 Supplement, section
239.761, subdivision 4, is amended to read:
Subd. 4. Gasoline
blended with ethanol; general.
(a) Gasoline may be blended with up to ten percent, by volume,
agriculturally derived, denatured ethanol that complies with the requirements
of subdivision 5.
(b) A gasoline-ethanol blend
must:
(1) comply with the
volatility requirements in Code of Federal Regulations, title 40, part 80;
(2) comply with ASTM
specification D4814-06, or the gasoline base stock from which a
gasoline-ethanol blend was produced must comply with ASTM specification
D4814-06; and
(3) not be blended with
casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline,
or natural gasoline after the gasoline-ethanol blend has been sold,
transferred, or otherwise removed from a refinery or terminal.
Sec. 3. Minnesota Statutes 2007 Supplement, section
239.761, is amended by adding a subdivision to read:
Subd. 4a. Gasoline blended with
ethanol; standard combustion engines.
Gasoline combined with ethanol for use in standard combustion engines
may be blended with up to ten percent agriculturally derived, denatured
ethanol, by volume, or any percentage specifically authorized in a waiver
granted by the United States Environmental Protection Agency under section
211(f)(4) of the Clean Air Act, United States Code, title 42, section 7545,
subsection (f), paragraph (4). The
gasoline-ethanol blend must comply with the general provisions in subdivision
4.
Sec. 4. Minnesota Statutes 2007 Supplement, section
239.761, is amended by adding a subdivision to read:
Subd. 4b. Gasoline blended with
ethanol; alternative fuel vehicles.
(a) Gasoline blended for use in an alternative fuel vehicle, as
defined in section 296A.01, subdivision 5, may contain any percentage of
agriculturally derived, denatured ethanol, by volume, not to exceed 85
percent. The gasoline-ethanol blend
must comply with the general provisions in subdivision 4. The gasoline and ethanol may be blended by
an ethanol blender or at the point of retail sale in an ethanol-blending fuel
dispenser clearly labeled "FLEX-FUEL VEHICLES ONLY." If blended by an ethanol blender, the
percentage of ethanol in the resulting gasoline-ethanol blend must be clearly
identified.
(b) If a person responsible
for the product utilizes an ethanol-blending fuel dispenser to dispense both
gasoline blended with ethanol for use in alternative fuel vehicles and gasoline
blended with ethanol for use in standard combustion engines, the person must
ensure that the gasoline blended with ethanol for use in standard combustion
engines is dispensed from a fuel-dispensing hose and nozzle or other conveyance
dedicated solely to gasoline blended with ethanol for use in standard
combustion engines and clearly labeled as such.
(c) A person responsible for
the product who complies with the provisions in paragraph (b) is not
responsible for a self-service fueling action taken by that person's retail
fuel customer.
Sec. 5. Minnesota Statutes 2006, section 239.7911,
subdivision 2, is amended to read:
Subd. 2. Promotion
of renewable liquid fuels. (a) The
commissioner of agriculture, in consultation with the commissioners of commerce
and the Pollution Control Agency, shall identify and implement activities
necessary for the widespread use of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
through 2015, the commissioners, or their designees, shall work with
representatives from the renewable fuels industry, petroleum retailers,
refiners, automakers, small engine manufacturers, and other interested groups,
to develop annual recommendations for administrative and legislative action.
(b) The activities of the
commissioners under this subdivision shall include, but not be limited to:
(1) developing
recommendations for incentives for retailers to install equipment necessary for
dispensing renewable liquid fuels to the public;
(2) expanding the
renewable-fuel options available to Minnesota consumers by obtaining
federal approval for the use of E20 and additional blends that contain a
greater percentage of ethanol, including but not limited to E30 and E50, as
gasoline;
(3) developing
recommendations for ensuring that motor vehicles and small engine equipment
have access to an adequate supply of fuel;
(4) working with the owners
and operators of large corporate automotive fleets in the state to increase
their use of renewable fuels; and
(5) working to maintain an
affordable retail price for liquid fuels.
Sec. 6. Minnesota Statutes 2006, section 296A.01,
subdivision 2, is amended to read:
Subd. 2. Agricultural
alcohol gasoline.
"Agricultural alcohol gasoline" means a gasoline-ethanol blend
of up to ten percent agriculturally derived fermentation satisfying
the provisions of section 239.761, subdivision 4a or 4b, with ethanol
derived from agricultural products, such as potatoes, cereal, grains, cheese
whey, sugar beets, forest products, or other renewable resources, that:
(1) meets the specifications
in ASTM specification D4806-04a; and
(2) is denatured as
specified in Code of Federal Regulations, title 27, parts 20 and 21.
Sec. 7. Minnesota Statutes 2007 Supplement, section
296A.01, subdivision 25, is amended to read:
Subd. 25. Gasoline
blended with ethanol.
"Gasoline blended with ethanol" means gasoline blended with
up to 20 percent, by volume,
agriculturally derived, denatured ethanol.
The blend must comply with the volatility requirements in Code of
Federal Regulations, title 40, part 80.
The blend must also comply with ASTM
specification D4814-06, or
the gasoline base stock from which a gasoline-ethanol blend was produced must
comply with ASTM specification D4814-06; and the gasoline-ethanol blend must
not be blended with casinghead gasoline, absorption gasoline, condensation
gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend
has been sold, transferred, or otherwise removed from a refinery or
terminal. The blend need not comply
with ASTM specification D4814-06 if it is subjected to a standard distillation
test. For a distillation test, a
gasoline-ethanol blend is not required to comply with the temperature
specification at the 50 percent liquid recovery point, if the gasoline from
which the gasoline-ethanol blend was produced complies with all of the
distillation specifications a gasoline-ethanol blend satisfying the provisions
of section 239.761, subdivision 4a or 4b."
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Slawik was excused between the hours of 12:40 p.m. and 2:10
p.m.
Buesgens offered an amendment to S. F. No. 3683,
the third engrossment, as amended.
POINT
OF ORDER
Sertich raised a point of order pursuant to rule 3.21 that the
Buesgens amendment was not in order.
Speaker pro tempore Pelowski ruled the point of order well taken and the
Buesgens amendment out of order.
Buesgens appealed the decision of Speaker pro tempore Pelowski.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of
Speaker pro tempore Pelowski stand as the judgment of the House?" and the
roll was called. There were 98 yeas and
29 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Dettmer
Dill
Dominguez
Doty
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McNamara
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
Seifert
Sertich
Simon
Simpson
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tschumper
Urdahl
Wagenius
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Dean
Demmer
Dittrich
Drazkowski
Eastlund
Emmer
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Lanning
McFarlane
Nornes
Olson
Peppin
Ruth
Severson
Shimanski
Wardlow
Westrom
Zellers
So it was the judgment of the House that the decision of
Speaker pro tempore Pelowski should stand.
Buesgens offered an amendment to S. F. No. 3683,
the third engrossment, as amended.
POINT
OF ORDER
Sertich raised a point of order pursuant to rule 3.21 that the
Buesgens amendment was not in order.
Speaker pro tempore Pelowski ruled the point of order well taken and the
Buesgens amendment out of order.
Peppin moved to amend S. F.
No. 3683, the third engrossment, as amended, as follows:
Page 22, after line 3,
insert:
"(e) A licensed
chiropractor who treats both animal and human patients in the same facility
must post a conspicuous sign in the reception area of that facility informing
customers that nonhuman patients are treated on the premises."
A roll call was requested and properly seconded.
The question was taken on the Peppin amendment and the roll was
called. There were 71 yeas and 56 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Benson
Berns
Bigham
Brod
Brown
Buesgens
Bunn
Clark
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dominguez
Doty
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Holberg
Hoppe
Hortman
Knuth
Kohls
Laine
Lanning
Lenczewski
Liebling
Lillie
Loeffler
Magnus
McFarlane
McNamara
Morgan
Morrow
Nornes
Norton
Olson
Paymar
Peppin
Peterson, N.
Poppe
Ruth
Sailer
Scalze
Seifert
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Swails
Tschumper
Wagenius
Ward
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Bly
Brynaert
Carlson
Cornish
Dill
Dittrich
Eken
Fritz
Gardner
Greiling
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Koenen
Kranz
Lieder
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Mullery
Murphy, E.
Murphy, M.
Nelson
Olin
Otremba
Ozment
Pelowski
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sertich
Solberg
Thao
Tillberry
Urdahl
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion prevailed and the amendment was adopted.
Shimanski moved to amend S.
F. No. 3683, the third engrossment, as amended, as follows:
Page 50, line 12, delete
"A percentage of"
Page 50, line 13, delete
", as determined by the board,"
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
S. F. No. 3683, A bill for an act relating to the operation of
state government; changing certain provisions and programs related to
agriculture; creating a livestock investment grant program; modifying pesticide
and fertilizer regulation; changing certain payment provisions for certain
agricultural chemical corrective action costs; changing certain food sanitary
provisions; changing certain fee provisions; defining certain terms; regulating
egg sales and handling; increasing the somatic cell count limit for goat milk;
providing for control of bovine tuberculosis; adding a member to the NextGen
Energy Board; modifying the expiration date for the NextGen Energy Board;
modifying the expiration date for the Minnesota Agriculture Education
Leadership Council; establishing requirements for practicing animal
chiropractic care; recognizing a Program for the Assessment of Veterinary
Education Equivalence certification; limiting use of certain drugs; changing
certain requirements; regulating prescription of veterinary drugs; modifying
definition of biodiesel; increasing minimum biodiesel content; creating a
tiered biodiesel content goal; requiring counties to consider natural heritage
data in adopting or amending comprehensive plans; requiring local governments
to consider comprehensive plans to limit development on agricultural, forest,
wildlife, and open space land; regulating certain racetracks; modifying 2007
appropriation language; creating the Veterans Health Care Advisory Council;
changing certain provisions and programs related to veterans; providing for
certain medallions; authorizing the placement of a plaque in the court of honor
on the Capitol grounds by Minnesota's Mexican-American veterans to honor all
Minnesota veterans who have served at any time in the United States armed
forces; appropriating money; amending Minnesota Statutes 2006, sections 18B.07,
subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2; 28A.03, by adding
a subdivision; 28A.08; 28A.082, by adding a subdivision; 28A.09, subdivision 1;
29.23; 31.05; 31.171; 41D.01, subdivision 4; 148.01, subdivision 1, by adding
subdivisions; 156.001, by adding a subdivision; 156.02, subdivisions 1, 2;
156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions 2, 4, 6; 156.15,
subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions 1, 2; 156.19;
168.1255, subdivisions 1, 3, by adding subdivisions; 196.021; 196.03; 197.236;
198.32, subdivision 1; 239.77, as amended; 240.06, subdivision 5a, by adding a
subdivision; 240.13, subdivision 6; 394.232, subdivision 6; 462.355,
subdivision 1;
462.357, by adding
subdivisions; Minnesota Statutes 2007 Supplement, sections 31.175; 35.244;
41A.105; 296A.01, subdivision 8a; 394.23; Laws 2007, chapter 45, article 1,
section 3, subdivisions 3, 4; proposing coding for new law in Minnesota
Statutes, chapters 17; 18C; 32; 148; 196; 394; repealing Minnesota Statutes
2006, sections 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3, 6;
198.003, subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007
Supplement, sections 198.002, subdivision 2; 198.004, subdivision 1; Minnesota
Rules, part 9050.0040, subpart 15.
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 7
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
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
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tschumper
Urdahl
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Emmer
Greiling
Holberg
Olson
Peppin
Wagenius
The bill was passed, as amended, and its title agreed to.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested immediate
consideration of H. F. No. 3034.
H. F. No. 3034 was reported to the House.
Mahoney, Moe, McNamara and
Gunther moved to amend H. F. No. 3034, the second engrossment, as follows:
Page 48, line 6, after
"326.2411;" insert "326.37, subdivision 4;"
Page 48, after line 8,
insert:
"EFFECTIVE DATE. This
section is effective the day following final enactment."
The motion prevailed and the amendment was adopted.
H. F. No. 3034, A bill for an act relating to construction
professions; modifying provisions relating to the electrical, plumbing, water
conditioning, boiler, and high-pressure piping professions; amending Minnesota
Statutes 2006, sections 299F.011, subdivision 3; 326.244, subdivision 1;
327.32, subdivision 1; 327.33, by adding subdivisions; 327A.04, subdivision 2;
327A.07; 327B.06, subdivision 1; Minnesota Statutes 2007 Supplement, sections
16B.64, subdivision 8; 181.723, subdivision 2; 183.60, subdivision 2; 326.01,
subdivisions 4b, 5; 326.2415, subdivisions 2, 6; 326.242, subdivisions 2, 3d,
5, 12, by adding subdivisions; 326.244, subdivision 5; 326.37, subdivision 1a;
326.3705, subdivision 1; 326.40, subdivisions 2, 3, by adding a subdivision; 326.47,
subdivision 2; 326.48, subdivisions 1, 2, 2a, 2b, 5; 326.50; 326.505,
subdivisions 1, 2, 8; 326.62; 326.84, subdivision 1; 326.841; 326.86,
subdivision 1; 326.87, subdivision 5; 326.93, subdivision 4; 326.94,
subdivision 2; 326.97, subdivision 1a; 326B.082, subdivisions 8, 10, 11, 12,
13; 326B.083, subdivision 3; 326B.42, by adding a subdivision; 326B.89,
subdivisions 5, 6, 12, 14; 327B.04, subdivision 4; Laws 2007, chapter 140,
article 4, section 12; repealing Minnesota Statutes 2006, section 16B.69;
Minnesota Statutes 2007 Supplement, sections 326.2411; 326.37, subdivision 4;
326.372; 326.471; Laws 2007, chapter 9, section 1; Laws 2007, chapter 135,
article 4, sections 2; 8; article 6, section 3; Laws 2007, chapter 140, article
12, section 9; Minnesota Rules, part 3800.3510.
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 119 yeas and 9
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
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
Kranz
Laine
Lanning
Lenczewski
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
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Swails
Thao
Tillberry
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Berns
Brod
Buesgens
Emmer
Heidgerken
Olson
Paulsen
Peppin
Seifert
The bill was passed, as amended, and its title agreed to.
CALENDAR FOR THE DAY
S. F. No. 2500, A bill for an act relating to horse racing;
providing for sharing of purse set-aside and breeder's fund revenue; modifying
certain restrictions on simulcasting; amending Minnesota Statutes 2006,
sections 240.06, subdivision 5a, by adding a subdivision; 240.13, 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 101 yeas and 27
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Benson
Berns
Bly
Brod
Brown
Brynaert
Buesgens
Carlson
Clark
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lillie
Loeffler
Madore
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Murphy, E.
Murphy, M.
Nornes
Olin
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Swails
Tillberry
Urdahl
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Those who voted in the negative were:
Atkins
Bigham
Bunn
Davnie
Drazkowski
Eastlund
Erhardt
Gardner
Greiling
Hausman
Holberg
Hornstein
Johnson
Lenczewski
Liebling
Lieder
Mariani
Mullery
Nelson
Norton
Olson
Paymar
Peterson, N.
Thao
Tschumper
Wagenius
Spk. Kelliher
The bill was passed and its title agreed to.
H. F. No. 3800 was reported to the House.
Hornstein moved to amend H.
F. No. 3800, the second engrossment, as follows:
Page 58, delete section 6
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Erhardt moved to amend H. F.
No. 3800, the second engrossment, as amended, as follows:
Page 39, after line 32,
insert:
"Sec. 61. Minnesota Statutes 2006, section 221.031,
subdivision 1, is amended to read:
Subdivision 1. Powers,
duties, reports, limitations. (a)
This subdivision applies to motor carriers engaged in intrastate commerce.
(b) The commissioner shall
prescribe rules for the operation of motor carriers, including their
facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers;
driver qualifications; accident reporting; identification of vehicles;
installation of safety devices; inspection, repair, and maintenance; and proper
automatic speed regulators if, in the opinion of the commissioner, there is a
need for the rules.
(c) The commissioner shall
direct the repair and reconstruction or replacement of an inadequate or unsafe
motor carrier vehicle or facility. The
commissioner may require the construction and maintenance or furnishing of
suitable and proper freight terminals, passenger depots, waiting rooms, and
accommodations or shelters in a city in this state or at a point on the highway
traversed which the commissioner, after investigation by the department, may
deem just and proper for the protection of passengers or property.
(d) The commissioner shall
require holders of household goods mover permits to file annual and other
reports including annual accounts of motor carriers, schedules of rates and
charges, or other data by motor carriers, regulate motor carriers in matters
affecting the relationship between them and the traveling and shipping public,
and prescribe other rules as may be necessary to carry out the provisions of
this chapter.
(e) A motor carrier
subject to paragraph (d) but having gross revenues from for-hire transportation
in a calendar year of less than $200,000 may, at the discretion of the
commissioner, be exempted from the filing of an annual report, if instead the motor
carrier files an abbreviated annual report, in a form as may be prescribed by
the commissioner, attesting that the motor carrier's gross revenues did not
exceed $200,000 in the previous calendar year.
Motor carrier gross revenues from for-hire transportation, for the
purposes of this subdivision only, do not include gross revenues received from
the operation of school buses as defined in section 169.01, subdivision 6.
(f) The commissioner shall
enforce sections 169.781 to 169.783."
Page 41, after line 5,
insert:
"Sec. 63. Minnesota Statutes 2006, section 221.121,
subdivision 1, is amended to read:
Subdivision 1. Petition;
notice and hearing; scope.
(a) A person desiring to operate as a permit carrier, except as provided
in subdivision 5 or section 221.296, shall file a petition with the
commissioner specifying the kind of permit desired, the name and address of the
petitioner and the names and addresses of the officers, if a corporation, and
other information as the commissioner may require. Letters of shipper support must be filed with the petition. No person shall knowingly make a false or
misleading statement in a petition.
(b) The commissioner,
after notice to interested parties and a hearing, shall issue the permit
upon compliance with the laws and rules relating to it, if it finds that
petitioner is fit and able to conduct the proposed operations, that
petitioner's vehicles meet the safety standards established by the department, that
the area to be served has a need for the transportation services requested in
the petition, and that existing permit and certificated carriers in the area to
be served have failed to demonstrate that they offer sufficient transportation
services to meet fully and adequately those needs, provided that no person
who holds a permit at the time sections 221.011 to 221.291 take effect may be
denied a renewal of the permit upon compliance with other provisions of
sections 221.011 to 221.291.
(c) A permit once granted
continues in full force and effect until abandoned or unless suspended or
revoked, subject to compliance by the permit holder with the applicable
provisions of law and the rules of the commissioner governing permit carriers.
(d) No permit may be issued
to a common carrier by rail permitting the common carrier to operate trucks for
hire within this state, nor may a common carrier by rail be permitted to own,
lease, operate, control, or have an interest in a permit carrier by truck,
either by stock ownership or otherwise, directly, indirectly, through a holding
company, or by stockholders or directors in common, or in any other
manner. Nothing in sections 221.011 to
221.291 prevents the commissioner from issuing a permit to a common carrier by
rail authorizing the carrier to operate trucks wholly within the limits of a
municipality or within adjacent or contiguous municipalities or a common rate
point served by the railroad and only as a service supplementary to the rail
service now established by the carriers.
Sec. 64. Minnesota Statutes 2006, section 221.121,
subdivision 6a, is amended to read:
Subd. 6a. Household
goods carrier. A person who desires
to hold out or to operate as a carrier of household goods shall follow the
procedure established in subdivision 1, and shall specifically request a household
goods mover permit. The permit granted
by the commissioner to a person who meets the criteria established in this
subdivision and subdivision 1 shall authorize the person to hold out and to
operate as a household goods mover. A
person who provides or offers to provide household goods packing services and
who makes any arrangement directly or indirectly by lease, rental, referral, or
by other means to provide or to obtain drivers, vehicles, or transportation
service for moving household goods, must have a household goods mover permit
file an application with the commissioner on a form the commissioner
prescribes. Notwithstanding this or any
other section or rule to the contrary, the commissioner must not provide public
notice or hearing when reviewing the application or before granting the
requested operating authority. All
permits granted to household goods carriers must allow statewide
operation. Notwithstanding any geographical
restrictions imposed upon a permit at the time it was granted or any section or
rule to the contrary, the holder of a household goods permit may operate
statewide.
Sec. 65. Minnesota Statutes 2006, section 221.151,
subdivision 1, is amended to read:
Subdivision 1. Petition. (a) Permits, except livestock
permits, issued under section 221.121 may be assigned or transferred but only
upon the order of the commissioner approving the transfer or assignment after
notice and hearing.
(b) The proposed seller and
buyer or lessor and lessee of a permit, except for livestock carrier permits,
shall file a joint notarized petition with the commissioner setting forth the
name and address of the parties, the identifying number of the permit, and the
description of the authority which the parties seek to sell or lease, a short
statement of the reasons for the proposed sale or lease, a statement of
outstanding claims of creditors which are directly attributable to the
operation to be conducted under the permit, a copy of the contract of sale or
lease, and a financial statement with a balance sheet and an income statement,
if existent, of the buyer or lessee. If
it appears to the commissioner, after notice to interested parties and a
hearing, from the contents of the petition, from the evidence produced
at the hearing, and from the department's records, files, and investigation
that the approval of the sale or lease of the permit will not adversely affect
the rights of the users of the service and will not have an adverse effect
upon other competing carriers, the commissioner may make an order granting
the sale or lease. Provided, however,
that the commissioner shall make no order granting the sale or lease of a
permit to a person or corporation or association which holds a certificate or
permit other than local cartage carrier permit from the commissioner under this
chapter or to a common carrier by rail.
Provided further that the
commissioner shall make no order approving the sale or lease of a permit if the
commissioner finds that the price paid for the sale or lease of a permit is disproportionate
to the reasonable value of the permit considering the assets and goodwill
involved. The commissioner shall
approve the sale or lease of a permit only after a finding that the transferee
is fit and able to conduct the operations authorized under the permit and that
the vehicles the transferee proposes to use in conducting the operations meet
the safety standards of the commissioner.
In determining the extent of the operating authority to be conducted by
the transferee under the sale or lease of the permit, the past operations of
the transferor within the two-year period immediately preceding the transfer
must be considered. Only such operating
authority may be granted to the transferee as was actually exercised by the
transferor under the transferor's authority within the two-year period
immediately preceding the transfer as evidenced by bills of lading, company
records, operation records, or other relevant evidence. For purposes of determining the two-year
period, the date of divesting of interest or control is the date of the sale.
(c) The commissioner shall look
to the substance of the transaction rather than the form. An agreement for the transfer or sale of a
permit must be reported and filed with the commissioner within 30 days of the agreement.
(d) If an authority to operate
as a permit carrier is held by a corporation, a sale, assignment, pledge, or
other transfer of the stock interest in the corporation which will accomplish a
substantial or material change or transfer of the majority ownership of the
corporation, as exercised through its stockholders, must be reported in the
manner prescribed in the rules of the commissioner within 30 days after the
sale, assignment, pledge, or other transfer of stock. The commissioner shall then make a finding whether or not the
stock transfer does, in fact, constitute a sale, lease, or other transfer of
the permit of the corporation to a new party or parties and, if they so find,
then the continuance of the permit issued to the corporation may only be upon
the corporation's complying with the standards and procedures otherwise imposed
by this section."
Page 49, delete section 77
and insert:
"Sec. 77. REPEALER.
(a) Minnesota Statutes 2006,
sections 168B.087, subdivision 2; and 169.145, are repealed.
(b) Minnesota Statutes 2006,
section 221.121, subdivision 4, is repealed."
Page 61, delete article 4
Page 65, delete article 5
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Hackbarth, Gottwalt,
Severson, Magnus and Ruth moved to amend H. F. No. 3800, the second
engrossment, as amended, as follows:
Page 10, delete sections 13
to 19
Page 49, delete section 77
and insert:
"Sec. 77. REPEALER.
Minnesota Statutes 2006,
section 169.145, is 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 Hackbarth et al amendment and the
roll was called. There were 51 yeas and
77 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Benson
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Doty
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Hoppe
Hosch
Howes
Kohls
Kranz
Lanning
Magnus
Marquart
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Wardlow
Westrom
Wollschlager
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilty
Holberg
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, N.
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