Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7797

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2010

 

_____________________

 

SIXTY-FIFTH DAY

 

Saint Paul, Minnesota, Tuesday, February 16, 2010

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by Senator Gary Kubly, District 20, Granite Falls, 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, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

 

      Beard, Brod, Emmer, Hoppe, Kohls, Scalze and Thissen were excused.

 

 

      Demmer was excused until 1:00 p.m.

 

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Seifert moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk.  The motion prevailed.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 984, A bill for an act relating to human services; authorizing medical assistance coverage of primary care health care providers performing primary caries prevention services as part of the child and teen checkup program; amending Minnesota Statutes 2008, section 256B.0625, subdivision 14.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 1467, A bill for an act relating to railroads; directing commissioner to apply for federal grants for rail safety technology; amending Minnesota Statutes 2008, section 219.01.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Carlson from the Committee on Finance to which was referred:

 

H. F. No. 2624, A bill for an act relating to state government; appropriating money for environment and natural resources.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  MINNESOTA RESOURCES APPROPRIATION.

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this act.  The appropriations are from the environment and natural resources trust fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2010" and "2011" used in this act mean that the appropriations listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 2011.  The appropriations in this act are onetime.  Appropriations for fiscal year 2010 are available the day following final enactment.

 

                                                                                                                                                             APPROPRIATIONS

                                                                                                                                                           Available for the Year

                                                                                                                                                                 Ending June 30

                                                                                                                                                   2010                                      2011

 

      Sec. 2.  MINNESOTA RESOURCES.

 

      Subdivision 1.  Total Appropriations                                                                             $418,000                 $25,611,000


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                                        Appropriations by Fund

 

                                                       2010                                       2011

 

Environment and

 natural resources

 trust fund                              418,000                           25,611,000

 

Appropriations are available for two years beginning July 1, 2010, unless otherwise stated in the appropriation.  Any unencumbered balance remaining in the first year does not cancel and is available for the second year.

 

      Subd. 2.  Trust Fund Definition

 

"Trust fund" means the Minnesota environment and natural resources trust fund referred to in Minnesota Statutes, section 116P.02, subdivision 6.

 

      Subd. 3.  Natural Resource Data and Information                                                                 -0-                      4,920,000

 

(a) County Geologic Atlases and Related Hydrogeologic Research

 

$1,130,000 is from the trust fund to the Board of Regents of the University of Minnesota for the Geologic Survey to initiate and continue the production of county geologic atlases, establish hydrologic properties necessary to water management, and investigate the use of geochemical data in water management.  This appropriation represents a continuing effort to complete the county geologic atlases throughout the state.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(b) Updating Minnesota Wetlands Inventory:  Phase 2

 

$1,100,000 is from the trust fund to the commissioner of natural resources to continue the update of wetland inventory maps for Minnesota.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(c) Minnesota Breeding Bird Atlas

 

$372,000 is from the trust fund to continue development of a statewide survey of Minnesota breeding bird distribution and create related publications, including a book and online atlas with distribution maps and breeding status.  Of this appropriation, $211,000 is to the commissioner of natural resources for an agreement with Audubon Minnesota and $161,000 is to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute.  The atlas must be available for downloading on the Internet free of charge.


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(d) Integrated, Operational Bird Conservation Plan for Minnesota

 

$151,000 is from the trust fund to the commissioner of natural resources for an agreement with Audubon Minnesota to develop an integrated bird conservation plan targeting priority species and providing a framework for implementing coordinated, focused, and effective bird conservation throughout Minnesota.

 

(e) Mitigating Pollinator Decline in Minnesota

 

$297,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess the role of insecticides in pollinator health in order to help mitigate pollinator decline.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(f) Science and Innovation from Soudan Underground Mine State Park

 

$545,000 is from the trust fund to the Board of Regents of the University of Minnesota to characterize unique microbes discovered in the Soudan Underground Mine State Park and investigate the potential application in bioenergy and bioremediation.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(g) Quantifying Carbon Burial in Wetlands

 

$144,000 is from the trust fund to the Board of Regents of the University of Minnesota to determine the potential for carbon sequestration in Minnesota's shallow lakes and wetlands.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(h) Strategic Planning for Minnesota's Natural and Artificial

Watersheds

 

$327,000 is from the trust fund to the Board of Regents of the University of Minnesota to identify the interrelationship between artificial systems of drain tiles and ditches and natural watersheds to guide placement of buffers and stream bed restoration and modification.

 

(i) Ecosystem Services in Agricultural Watersheds

 

$247,000 is from the trust fund to the commissioner of natural resources for an agreement with the Chippewa River Watershed Project to develop local food and perennial biofuels markets coupled with conservation incentives to encourage farmers to


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diversify land cover in the Chippewa River Watershed supporting improvement to water quality and habitat.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(j) Farmland Conservation in Minnesota

 

$100,000 is from the trust fund to the commissioner of natural resources for an agreement with the Farmers Legal Action Group, Inc. to assess the implementation of applicable laws for preserving agricultural land and develop a comprehensive and systematic approach and policy tools to preserve agricultural lands.

 

(k) Identifying Critical Habitats for Moose in Northeastern

Minnesota

 

$507,000 is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute to identify critical habitats for moose, develop best management habitat protection practices, and conduct educational outreach in cooperation with the Minnesota Zoo.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

      Subd. 4.  Land, Habitat, and Recreation                                                                         418,000                      9,762,000

 

(a) Ecological Restoration Training Cooperative for Habitat Restoration

 

$550,000 is from the trust fund to the Board of Regents of the University of Minnesota for improving ecological restoration success in Minnesota by developing and offering training programs for habitat restoration professionals.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(b) Scientific and Natural Areas and Native Prairie Restoration,

Enhancement, and Acquisition

 

$1,750,000 is from the trust fund to the commissioner of natural resources to acquire lands with high quality native plant communities and rare features to be established as scientific and natural areas as provided in Minnesota Statutes, section 86A.05, subdivision 5, restore parts of scientific and natural areas, and provide assistance and incentives for native prairie landowners.  A list of proposed acquisitions must be provided as part of the required work program.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.


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(c) State Park Land Acquisition

 

$2,200,000 is from the trust fund to the commissioner of natural resources to acquire and preserve critical parcels within the statutory boundaries of state parks.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources.  The first priority for acquisition must be in Crow Wing State Park.  A list of proposed acquisitions must be provided as part of the required work program.

 

(d) Protection of Rare Granite Rock Outcrop Ecosystem

 

$1,800,000 is from the trust fund to the Board of Water and Soil Resources, in cooperation with the Renville Soil and Water Conservation District, to continue to acquire perpetual easements of unique granite rock outcrops, located in the Upper Minnesota River Valley. $418,000 of this appropriation is for fiscal year 2010 and is available the day following final enactment.

 

(e) Minnesota's Habitat Conservation Partnership Supplemental

 

$1,400,000 is added to Laws 2009, chapter 143, section 2, subdivision 4, paragraph (e), from the trust fund for the acceleration of agency programs and cooperative agreements.  Of this appropriation, $318,000 is to the commissioner of natural resources for agency programs and $1,082,000 is for agreements as follows:  $425,000 with Ducks Unlimited, Inc.; $50,000 with National Wild Turkey Federation; $210,000 with the Nature Conservancy; $102,000 with Minnesota Land Trust; $200,000 with the Trust for Public Land; $45,000 with Friends of Detroit Lakes Wetland Management District; and $50,000 to the Leech Lake Band of Ojibwe to plan, restore, and acquire fragmented landscape corridors that connect areas of quality habitat to sustain fish, wildlife, and plants.  The United States Department of Agriculture Natural Resources Conservation Service is an authorized cooperating partner in the appropriation.  Expenditures are limited to the project corridor areas as defined in the work program.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum habitat and facility management standards as determined by the commissioner of natural resources.  This appropriation may not be used for the purchase of residential structures, unless expressly approved in the work program.  All conservation easements must be perpetual and have a natural resource management plan.  Any land acquired in fee title by the commissioner of natural resources with money from this appropriation must be designated as an outdoor recreation unit under Minnesota Statutes, section 86A.07.  The commissioner may similarly designate any lands acquired in less than fee title.  A list of proposed restorations and fee title and easement acquisitions


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7803

must be provided as part of the required work program.  All funding for conservation easements must include a long-term stewardship plan and funding for monitoring and enforcing the agreement.

 

(f) Metropolitan Conservation Corridors Supplemental

 

$1,800,000 is added to Laws 2009, chapter 143, section 2, subdivision 4, paragraph (f), from the trust fund to the commissioner of natural resources for acceleration of agency programs and cooperative agreements.  Of this appropriation, $1,800,000 is for agreements as follows:  $915,000 with the Trust for Public Land; $485,000 with Minnesota Land Trust; $350,000 with Minnesota Valley National Wildlife Refuge Trust, Inc.; and $50,000 with Friends of the Minnesota Valley for planning, restoring, and protecting important natural areas in the metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and portions of the surrounding counties, through grants, contracted services, technical assistance, conservation easements, and fee title acquisition.  Land acquired with this appropriation must be sufficiently improved to meet at least minimum management standards as determined by the commissioner of natural resources.  Expenditures are limited to the identified project corridor areas as defined in the work program.  This appropriation may not be used for the purchase of residential structures, unless expressly approved in the work program.  All conservation easements must be perpetual and have a natural resource management plan.  Any land acquired in fee title by the commissioner of natural resources with money from this appropriation must be designated as an outdoor recreation unit under Minnesota Statutes, section 86A.07.  The commissioner may similarly designate any lands acquired in less than fee title.  A list of proposed restorations and fee title and easement acquisitions must be provided as part of the required work program.  All funding for conservation easements must include a long-term stewardship plan and funding for monitoring and enforcing the agreement.

 

(g) Conserving Sensitive and Priority Shorelands in Cass County

 

$300,000 is from the trust fund to the commissioner of natural resources for an agreement with Cass County to provide assistance for the donation of perpetual conservation easements to protect sensitive shoreland parcels for long-term protection of recreation, water quality, and critical habitat in north central Minnesota.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.


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(h) Reconnecting Fragmented Prairie Landscapes

 

$380,000 is from the trust fund to the commissioner of natural resources for an agreement with the Nature Conservancy to develop prairie landscape design plans and monitoring protocol involving local landowners and businesses to guide conservation, restoration, and related economic development.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

      Subd. 5.  Water Resources                                                                                                            -0-                      3,455,000

 

(a) Understanding Sources of Aquatic Contaminants of Emerging Concern

 

$640,000 is from the trust fund to the Board of Regents of the University of Minnesota to identify chemical markers to characterize sources of endocrine disruptors and pharmaceuticals entering surface waters in the Zumbro River Watershed.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(b) Managing Mineland Sulfate Release in St. Louis River Basin

 

$270,000 is from the trust fund to the commissioner of natural resources to map current sulfate sources and assess treatment options to minimize potential impacts of mercury on fish and wildlife from sulfate releases in the St. Louis River Basin.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(c) Ecological Impacts of Effluent in Surface Waters and Fish

 

$340,000 is from the trust fund to the Board of Regents of the University of Minnesota in cooperation with St. Cloud State University to determine the chemical and biological fate of phytoestrogens in surface waters and the impacts on fish.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(d) Mapleton Area Agricultural and Urban Runoff Water Quality Treatment Analysis

 

$485,000 is from the trust fund to the Board of Water and Soil Resources for an agreement with the Blue Earth County Drainage Authority to reduce soil erosion, peak water flows, and nutrient loading through a demonstration model evaluating storage and treatment options in drainage systems in order to improve water quality.  This appropriation is available until June 30, 2014, by which time the project must be completed and final products delivered.


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(e) Assessing Septic System Discharge to Lakes

 

$594,000 is from the trust fund to the commissioner of health for department activities and for an agreement with the United States Geologic Survey in cooperation with St. Cloud State University to develop quantitative data on septic system discharge of estrogenic and pharmaceutical compounds and assess septic and watershed influences on levels of contamination and biological responses in Minnesota lakes.  The United States Geologic Survey is not subject to the requirements in Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(f) Evaluation of Dioxins in Minnesota Lakes

 

$264,000 is from the trust fund to the Board of Regents of the University of Minnesota to examine the concentration of dioxins in lake sediment and options to improve water quality in lakes.

 

(g) Assessment of Shallow Lake Management

 

$262,000 is from the trust fund to the commissioner of natural resources to evaluate the major causes of deterioration of shallow lakes in Minnesota and evaluate results of current management efforts.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(h) Assessing Cumulative Impacts of Shoreline Development

 

$300,000 is from the trust fund to the Board of Regents of the University of Minnesota to evaluate near-shore, in-water habitat impacts from shoreline development activities to assist in the design and implementation of management practices protecting critical shorelands and aquatic habitat.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(i) Predicting and Mitigating Vulnerability of Trout Streams

 

$300,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess cold water aquatic insect abundance related to warming water temperatures as predictors of trout growth in southeastern Minnesota and assess options to minimize stream temperature changes.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.


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      Subd. 6.  Aquatic and Terrestrial Invasive Species                                                                -0-                      1,470,000

 

(a) Biological Control of European Buckthorn and Garlic Mustard

 

$300,000 is from the trust fund to the commissioner of natural resources in cooperation with the commissioner of agriculture to continue the development and implementation of biological control for European buckthorn and garlic mustard.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(b) Ecological and Hydrological Impacts of Emerald Ash Borer

 

$636,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess the potential impacts of emerald ash borer on Minnesota's black ash forests and quantify potential impacts on native forest vegetation, invasive species spread, and hydrology.  This appropriation is available until June 30, 2015, by which time the project must be completed and final products delivered.

 

(c) Healthy Forests to Resist Invasion

 

$359,000 is from the trust fund to the Board of Regents of the University of Minnesota to assess the role of forest health management in resisting infestation of invasive species.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(d) Bioacoustic Traps for Management of Round Goby

 

$175,000 is from the trust fund to the Board of Regents of the University of Minnesota to evaluate bioacoustic technology specific to invasive round goby in Lake Superior as a method for early detection and population reduction.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

      Subd. 7.  Renewable Energy                                                                                                         -0-                      3,364,000

 

(a) Algae for Fuels Pilot Project

 

$900,000 is from the trust fund to the Board of Regents of the University of Minnesota to demonstrate an innovative microalgae production system utilizing and treating sanitary wastewater to produce biofuels from algae.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.


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(b) Sustainable Biofuels:  Impacts of Climate Change and

Management

 

$221,000 is from the trust fund to the Board of Regents of the University of Minnesota to determine how climate change, fertilization, and irrigation impact yields of grass monoculture and high diversity prairie biofuel crops, their storage of soil carbon, and susceptibility to invasion by exotic species.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(c) Linking Habitat Restoration to Bioenergy and Local Economies

 

$600,000 is from the trust fund to the commissioner of natural resources to restore high quality native habitats and expand market opportunities for utilizing postharvest restoration as a bioenergy source.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(d) Demonstrating Sustainable Energy Practices at Residential Environmental Learning Centers (RELCs)

 

$1,500,000 is from the trust fund to the commissioner of natural resources for agreements as follows:  $206,000 with Audubon Center of the North Woods; $212,000 with Deep Portage Learning Center; $350,000 with Eagle Bluff Environmental Learning Center; $258,000 with Laurentian Environmental Learning Center; $240,000 with Long Lake Conservation Center; and $234,000 with Wolf Ridge Environmental Learning Center to implement renewable energy, energy efficiency, and energy conservation practices at the facilities.  Efforts will include dissemination of related energy education.

 

(e) Life Cycle Analysis of Options for Minnesota's Energy Needs

 

$143,000 is from the trust fund to the Board of Regents of the University of Minnesota for a life cycle analysis of low carbon energy technologies available to implement in Minnesota.

 

      Subd. 8.  Environmental Education                                                                                           -0-                      2,640,000

 

(a) Minnesota Conservation Apprenticeship Academy

 

$368,000 is from the trust fund to the Board of Water and Soil Resources in cooperation with the Minnesota Conservation Corps or its successor to train and mentor future conservation professionals by providing apprenticeship service opportunities to soil and water conservation districts.  This appropriation is available until June 30, 2013, by which time the project must be completed and the final products delivered.


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(b) Engaging Students in Environmental Stewardship through Adventure Learning

 

$250,000 is from the trust fund to the commissioner of natural resources for an agreement with the Will Steger Foundation to provide curriculum, teacher training, online learning, and grants to schools on investigating the connection between Minnesota's changing climate and the impacts on ecosystems and natural resources.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(c) Youth Connection to Nature Through Digital Photography

 

$160,000 is from the trust fund to the commissioner of natural resources to hold teacher training workshops on the use of digital photography as a tool for learning about nature.  The equipment must be provided from other funds.

 

(d) Urban Wilderness Youth Outdoor Education

 

$557,000 is from the trust fund to the commissioner of natural resources for an agreement with Wilderness Inquiry to provide an outdoor education and recreation program on the Mississippi River.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(e) Urban Woodland Como Regional Park   

 

$218,000 is from the trust fund to the commissioner of natural resources for an agreement with the city of St. Paul, Department of Parks and Recreation, to restore and develop an outdoor classroom for ecological education and historical interpretation at Como Regional Park in St. Paul.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(f) Expanding Outdoor Classrooms at Minnesota Schools

 

$300,000 is from the trust fund to the commissioner of natural resources to establish additional and enhance existing outdoor school forest and prairie classroom networks throughout Minnesota.

 

(g) Integrating Environmental and Outdoor Education in Grades 7-12

 

$300,000 is from the trust fund to the commissioner of education in cooperation with the commissioner of natural resources to train and support grade 7-12 teachers to integrate environmental and outdoor education into the instruction of academic standards.


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(h) Project Get Outdoors

 

$15,000 is from the trust fund to the commissioner of natural resources for an agreement with Project Get Outdoors, Inc. to develop out of school programs connecting children to local nature experiences.

 

(i) Fishing:  Cross Cultural Gateway to Environmental Education

 

$155,000 is from the trust fund to the commissioner of natural resources for an agreement with the Association for the Advancement of Hmong Women in Minnesota to provide environmental information and teaching skills to and increase participation of Southeast Asian communities through the gateway of fishing skills.  Information on mercury in fish advisories must be included as part of the educational outreach.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(j) Minnesota WolfLink

 

$193,000 is from the trust fund to the commissioner of natural resources for an agreement with the International Wolf Center to develop interactive onsite and distance learning about wolves and their habitat.  This appropriation is available until June 30, 2013, by which time the project must be completed and final products delivered.

 

(k) Online Field Trip of Minnesota River

 

$124,000 is from the trust fund to the commissioner of natural resources for an agreement with Minnesota State University - Mankato to develop online educational materials on the Minnesota River for schools and outreach centers.

 

      Subd. 9.  Availability of Appropriations

 

Money appropriated in this section may not be spent on activities unless they are directly related to the specific appropriation and are specified in the approved work program.  Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges.  Unless otherwise provided, the amounts in this section are available until June 30, 2012, when projects must be completed and final products delivered.  For acquisition of real property, the amounts in this section are available until June 30, 2013, if a binding contract is entered into by June 30, 2012, and closed not later than June 30, 2013.  If a project receives a federal grant, the time period of the appropriation is extended to equal the federal grant period.


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      Subd. 10.  Data Availability Requirements

 

Data collected by the projects funded under this section must conform to guidelines and standards adopted by the Office of Enterprise Technology.  Spatial data also must conform to additional guidelines and standards designed to support data coordination and distribution that have been published by the Minnesota Geospatial Information Office.  Descriptions of spatial data must be prepared as specified in the state's geographic metadata guideline and must be submitted to the Minnesota Geospatial Information Office.  All data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, chapter 13.

 

To the extent practicable, summary data and results of projects funded under this section should be readily accessible on the Internet and identified as an environment and natural resources trust fund project.

 

      Subd. 11.  Project Requirements

 

(a) As a condition of accepting an appropriation under this section, any agency or entity receiving an appropriation must comply with paragraphs (b) to (h) and Minnesota Statutes, chapter 116P, for any project funded in whole or in part with funds from the appropriation.

 

(b) To the extent possible, a person conducting restoration with money appropriated under this section must plant vegetation only of ecotypes native to Minnesota and preferably of the local ecotype using a high diversity of species originating as close to the restoration site as possible and, when restoring prairies, protect existing prairies from genetic contamination.  Use of seeds and plant materials beyond these requirements must be expressly approved in the work program.

 

(c) All conservation easements acquired with money appropriated under this section must:

 

(1) be perpetual;

 

(2) specify the parties to an easement in the easement;

 

(3) specify all of the provisions of an agreement that are perpetual;

 

(4) be sent to the office of the Legislative-Citizen Commission on Minnesota Resources in an electronic format;

 

(5) include a long-term stewardship plan and funding for monitoring and enforcing the easement agreement; and


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(6) include requirements in the easement document to address specific water quality protection activities such as keeping water on the landscape, reducing nutrient and contaminate loading, protecting groundwater, and not permitting artificial hydrological modifications.

 

(d) For all restorations conducted with money appropriated under this section, a recipient must prepare an ecological restoration and management plan that, to the degree practicable, is consistent with the highest quality conservation and ecological goals for the restoration site.  Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success of the restoration projects.  The plan must include the proposed timetable for implementing the restoration, including site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and take advantage of the best available science and include innovative techniques to achieve the best restoration.

 

(e) For new lands acquired with money appropriated under this section, a recipient must prepare a restoration and management plan in compliance with paragraph (d) including sufficient funding for implementation.

 

(f) For any acquisition of land or interest in land, a recipient of money appropriated under this section must give priority to high quality natural resources or conservation lands that provide natural buffers to water resources.

 

(g) To ensure public accountability for the use of public funds, a recipient of money appropriated under this section must provide to the Legislative-Citizen Commission on Minnesota Resources documentation of the selection process used to identify parcels acquired and provide documentation of all related transaction costs, including but not limited to appraisals, legal fees, recording fees, commissions, other similar costs, and donations.  This information must be provided for all parties involved in the transaction.  The recipient must also report to the Legislative-Citizen Commission on Minnesota Resources any difference between the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, if a state-certified or state-reviewed appraisal was conducted.  Acquisition data such as appraisals may remain private during negotiations but must ultimately be made public according to Minnesota Statutes, chapter 13.  The Legislative-Citizen Commission on Minnesota Resources shall review the requirement in this paragraph and provide a recommendation whether to continue or modify the requirement in future years.  The commission may waive the application of this paragraph for specific projects.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7812

(h) A recipient of money from an appropriation under this section must give consideration to contracting with the Minnesota Conservation Corps or its successor for contract restoration and enhancement services.

 

      Subd. 12.  Payment Conditions and Capital Equipment Expenditures

 

All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section.  Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or after July 1, 2010, or the date the work program is approved, whichever is later, are eligible for reimbursement unless otherwise provided in this section.  Periodic payment must be made upon receiving documentation that the deliverable items articulated in the approved work program have been achieved, including partial achievements as evidenced by approved progress reports.  Reasonable amounts may be advanced to projects to accommodate cash flow needs or match federal money.  The advances must be approved as part of the work program.  No expenditures for capital equipment are allowed unless expressly authorized in the project work program.

 

      Subd. 13.  Purchase of Recycled and Recyclable Materials

 

A political subdivision, public or private corporation, or other entity that receives an appropriation under this section must use the appropriation in compliance with Minnesota Statutes, sections 16B.121, regarding purchase of recycled, repairable, and durable materials; and 16B.122, regarding purchase and use of paper stock and printing.

 

      Subd. 14.  Energy Conservation and Sustainable Building Guidelines

 

A recipient to whom an appropriation is made under this section for a capital improvement project must ensure that the project complies with the applicable energy conservation and sustainable building guidelines and standards contained in law, including Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections.  The recipient may use the energy planning, advocacy, and State Energy Office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative energy development relating to the planning and construction of the capital improvement project.

 

      Subd. 15.  Accessibility

 

Structural and nonstructural facilities must meet the design standards in the Americans with Disabilities Act (ADA) accessibility guidelines.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7813

      Subd. 16.  Carryforward

 

The availability of the appropriation for the following projects is extended to June 30, 2011:  Laws 2009, chapter 143, section 2, subdivision 4, paragraph (j), Land and Water Conservation Account (LAWCON) Federal Reimbursements; subdivision 5, paragraph (b), Vulnerability of Fish Populations in Lakes to Endocrine Disrupting Contaminants; and subdivision 6, paragraph (b), Emergency Delivery System Development for Disinfecting Ballast Water."

 

 

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.

 

 

Carlson from the Committee on Finance to which was referred:

 

S. F. No. 536, A bill for an act relating to public contracts; authorizing the state, MNSCU, the University of Minnesota, and cities to adopt a program requiring certain hiring practices in construction and services contracts; amending Minnesota Statutes 2008, section 136F.581, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16C; 137; 471.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 984 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Hilstrom, Smith and Paymar introduced:

 

      H. F. No. 2990, A bill for an act relating to guardians ad litem; establishing the State Guardian Ad Litem Board; appropriating money; amending Minnesota Statutes 2008, sections 257.69, subdivision 2; 260B.331, subdivision 6; 260C.331, subdivisions 3, 6; 518.165, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 480.

 

      The bill was read for the first time and referred to the Committee on Civil Justice.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7814

      Hilstrom introduced:

 

      H. F. No. 2991, A bill for an act relating to judiciary; authorizing the court to furnish copies of documents in any electronic format to the public defender at no charge; amending Minnesota Statutes 2008, section 611.271.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

 

 

      Champion introduced:

 

      H. F. No. 2992, A bill for an act relating to human rights; making technical amendments to the Human Rights Act; amending Minnesota Statutes 2008, section 363A.02, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

 

 

      Winkler, Dittrich, Wagenius, Kahn, Johnson, Falk, Benson, Garofalo, Ruud, Rosenthal and Scalze introduced:

 

      H. F. No. 2993, A bill for an act proposing an amendment to the Minnesota Constitution, article XI, section 5, providing for public debt to be incurred for public information technology systems, licenses, and infrastructure.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Nelson and Hilstrom introduced:

 

      H. F. No. 2994, A bill for an act relating to education finance; allowing school districts to use the health and safety levy for costs associated with preparing for seasonal virus prevention; amending Minnesota Statutes 2008, section 123B.57, subdivision 6.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Tillberry, Brown, Hosch, Anzelc and Laine introduced:

 

      H. F. No. 2995, A bill for an act relating to special education; expanding who is qualified to make a diagnosis of attention deficit disorder or attention deficit hyperactivity disorder; amending Minnesota Statutes 2009 Supplement, section 125A.02, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Mullery introduced:

 

      H. F. No. 2996, A bill for an act relating to civil actions; requiring notice and other actions before a civil action or arbitration proceeding may be commenced to collect a purchased debt; regulating default judgments; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 544.

 

      The bill was read for the first time and referred to the Committee on Civil Justice.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7815

      Kahn, Juhnke, Huntley, Rukavina, Abeler and Hornstein introduced:

 

      H. F. No. 2997, A bill for an act relating to agriculture; providing for regulated production of medical marijuana for export; authorizing rulemaking; amending Minnesota Statutes 2008, sections 18J.01; 18J.02; 18J.03; 18J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 3, 4, 5; 18J.09; 18J.11, subdivision 1, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 18K.

 

      The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

 

 

      Jackson; Smith; Haws; Rosenthal; Murphy, E., and Norton introduced:

 

      H. F. No. 2998, A bill for an act relating to public safety; extending area for protection to a reasonable area around residence or dwelling in ex parte order for protection; amending Minnesota Statutes 2008, section 518B.01, subdivision 7.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.

 

 

      Murphy, M., by request, introduced:

 

      H. F. No. 2999, A bill for an act relating to retirement; amending certain Public Employees Retirement Association plan provisions; defining terms; adjusting contribution rates; modifying vesting requirements; adjusting interest rates; providing for postretirement adjustments; eliminating privatized hospital employee election; amending Minnesota Statutes 2008, sections 353.01, by adding a subdivision; 353.27, subdivision 3b; 353.29, subdivision 1; 353.30, subdivision 1c; 353.32, subdivisions 1, 1a; 353.34, subdivisions 1, 2, 3; 353.651, subdivisions 1, 4; 353.657, subdivisions 1, 2a; 353.71, subdivisions 1, 2; 353E.04, subdivisions 1, 4; 353E.07, subdivisions 1, 2; 353F.03; 356.215, subdivision 8; 356.30, subdivision 1; 356.47, subdivision 3; Minnesota Statutes 2009 Supplement, sections 353.27, subdivisions 2, 3; 353.33, subdivision 1; 353.65, subdivisions 2, 3; 356.415, subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2008, section 353.34, subdivision 3a.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Howes, Gunther, Ward, Anzelc, Solberg, Garofalo and Davids introduced:

 

      H. F. No. 3000, A bill for an act relating to education; prohibiting pre-Labor Day start date for flexible learning year programs; amending Minnesota Statutes 2008, section 124D.126, subdivision 2; Minnesota Statutes 2009 Supplement, section 120A.40.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Downey introduced:

 

      H. F. No. 3001, A bill for an act relating to education; requiring binding arbitration agreement before teacher strike; amending Minnesota Statutes 2008, section 179A.18, subdivision 2; repealing Minnesota Statutes 2008, section 179A.17, subdivision 1.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7816

      Gottwalt, Shimanski, Torkelson and Drazkowski introduced:

 

      H. F. No. 3002, A bill for an act relating to alcohol; creating licensure for wine educators; proposing coding for new law in Minnesota Statutes, chapter 340A.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Buesgens and Garofalo introduced:

 

      H. F. No. 3003, A bill for an act relating to education finance; expanding the number of public school pupils covered by the permanent school fund endowment apportionment; amending Minnesota Statutes 2008, sections 123A.55; 127A.33.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Buesgens and Peppin introduced:

 

      H. F. No. 3004, A bill for an act relating to education; providing for an election to determine whether to detach land from an existing school district for a new independent school district; proposing coding for new law in Minnesota Statutes, chapter 123A.

 

      The bill was read for the first time and referred to the Committee on K-12 Education Policy and Oversight.

 

 

      Thao, Dill and Cornish introduced:

 

      H. F. No. 3005, A bill for an act relating to game and fish; allowing use of a drum while baiting bear; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Davids introduced:

 

      H. F. No. 3006, A bill for an act relating to capital investment; modifying an appropriation for veterans cemeteries; amending Laws 2009, chapter 93, article 1, section 14, subdivision 3.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Dittrich, Abeler, Hortman and Newton introduced:

 

      H. F. No. 3007, A bill for an act relating to taxation; city of Coon Rapids; tax increment financing.

 

      The bill was read for the first time and referred to the Committee on Taxes.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7817

      Anzelc introduced:

 

      H. F. No. 3008, A bill for an act relating to transportation; amending requirements for type III vehicle drivers; amending Minnesota Statutes 2008, section 171.321, subdivision 2; Minnesota Statutes 2009 Supplement, section 171.02, subdivision 2b.

 

      The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

 

 

      Hilty introduced:

 

      H. F. No. 3009, A bill for an act relating to energy; making technical changes related to utility report filings, hydrogen energy projects, weatherization programs, public utility commission assessments, and utility metering for supporting housing; removing obsolete and redundant language; authorizing individuals and entities to take certain easements in agricultural land; amending Minnesota Statutes 2008, sections 16E.15, subdivision 2; 216B.241, subdivision 2; 216B.812, subdivision 2; 216C.264; 216E.18, subdivision 3; 326B.106, subdivision 12; 500.221, subdivision 2; repealing Minnesota Statutes 2008, sections 216C.19, subdivisions 2, 3, 13, 14, 15, 16, 18, 19, 20; 216C.262; Minnesota Statutes 2009 Supplement, section 216C.19, subdivision 17.

 

      The bill was read for the first time and referred to the Energy Finance and Policy Division.

 

 

      Bigham, Kelly, Olin, Ward, Atkins, Abeler, Thissen and Kelliher introduced:

 

      H. F. No. 3010, A bill for an act relating to human services; allowing certain firefighters and volunteer ambulance attendants to purchase MinnesotaCare coverage at full cost; amending Minnesota Statutes 2008, section 256L.07, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Downey, Kahn, Simon, Winkler, Peppin and Sanders introduced:

 

      H. F. No. 3011, A bill for an act relating to state and local government; establishing the Commission on Service Innovation.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Emmer; Buesgens; Drazkowski; Holberg; Zellers; Hoppe; Lanning; Davids; Kiffmeyer; Abeler; Hamilton; Brod; Dean; Anderson, B.; Sanders; Beard; Murdock; Eastlund; Dettmer; Doepke; Gunther; Torkelson; Magnus; Loon; Shimanski; Smith; Anderson, S.; Scott; Kelly; Gottwalt; Downey; Seifert; Urdahl; Westrom and Mack introduced:

 

      H. F. No. 3012, A bill for an act relating to state government; establishing a process for state consideration of federal mandates; proposing coding for new law in Minnesota Statutes, chapter 1.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7818

      Hosch introduced:

 

      H. F. No. 3013, A bill for an act relating to human services; changing mental health diagnostic assessment payments into a three-tier budget-neutral rate structure for medical assistance reimbursement; amending Minnesota Statutes 2008, section 256B.761.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Downey, Kiffmeyer, Dettmer, Shimanski, Drazkowski and Kelly introduced:

 

      H. F. No. 3014, A bill for an act relating to state government; requiring state budget documents to include federal insolvency contingency planning; amending Minnesota Statutes 2008, section 16A.10, by adding a subdivision.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Hansen, Bigham, Simon, Urdahl, Davids, Ward and Atkins introduced:

 

      H. F. No. 3015, A bill for an act relating to tourism; providing reimbursements for certain film production costs; amending Minnesota Statutes 2008, section 116U.26.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Hosch introduced:

 

      H. F. No. 3016, A bill for an act relating to transportation; clarifying time for providing notice of vehicle impoundment; amending Minnesota Statutes 2008, section 168B.06, subdivision 1.

 

      The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

 

 

      Atkins, Lillie, Knuth, Nelson and Smith introduced:

 

      H. F. No. 3017, A bill for an act relating to local government; authorizing municipalities to permit certain solicitations; proposing coding for new law in Minnesota Statutes, chapter 465.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Paymar, Hilstrom, Lesch, Clark, Smith and Cornish introduced:

 

      H. F. No. 3018, A bill for an act relating to public safety; clarifying and recodifying certain provisions and modifying certain definitions in the prostitution laws; amending Minnesota Statutes 2008, sections 609.321, subdivisions 4, 8, 9; 609.324, by adding subdivisions; Minnesota Statutes 2009 Supplement, section 609.324, subdivisions 2, 3.

 

      The bill was read for the first time and referred to the Committee on Public Safety Policy and Oversight.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7819

      Hayden introduced:

 

      H. F. No. 3019, A bill for an act relating to human services; creating the Protecting Children and Strengthening Families Act; requiring a report; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 256N.

 

      The bill was read for the first time and referred to the Committee on Health Care and Human Services Policy and Oversight.

 

 

      Nelson introduced:

 

      H. F. No. 3020, A bill for an act relating to state benefits; authorizing the Metropolitan Council to participate in state paid insurance and benefits; amending Minnesota Statutes 2008, sections 43A.24, subdivision 2; 43A.26; 43A.30, subdivision 1; Minnesota Statutes 2009 Supplement, section 43A.27, subdivision 2.

 

      The bill was read for the first time and referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

 

 

      Faust introduced:

 

      H. F. No. 3021, A bill for an act relating to agriculture; establishing a variable rate fertilizer application equipment grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 17.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Tillberry and Greiling introduced:

 

      H. F. No. 3022, A bill for an act relating to education finance; clarifying legislative intent; adding language to the collaborative urban educator appropriation; amending Laws 2009, chapter 96, article 2, section 67, subdivision 14.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Holberg, Hilstrom, Obermueller, Davnie and Sertich introduced:

 

      H. F. No. 3023, A bill for an act relating to commerce; regulating business screening services; providing for the correction and deletion of certain criminal records; amending Minnesota Statutes 2008, section 332.70, subdivisions 1, 2, 3, 4.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Murdock, Solberg, Atkins and Sanders introduced:

 

      H. F. No. 3024, A bill for an act relating to labor and industry; modifying the requirements of the Manufactured Home Building Code; amending Minnesota Statutes 2008, sections 327.31, by adding a subdivision; 327.32, subdivision 1, by adding subdivisions; repealing Minnesota Statutes 2008, section 327.32, subdivision 4.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7820

      Olin introduced:

 

      H. F. No. 3025, A bill for an act relating to business organizations; regulating the organization and operation of business corporations, nonprofit corporations, and limited liability companies; providing for consistent law relating to registered agents and offices of business entities; repealing the prohibition against certain business names; amending Minnesota Statutes 2008, sections 5.16, subdivision 1; 222.18, subdivision 1; 302A.011, subdivision 18; 302A.121; 302A.123; 302A.215, subdivision 3; 302A.311; 302A.341, subdivision 2; 302A.402, subdivisions 3, 4; 302A.429, subdivision 2; 302A.435, subdivision 1; 302A.461, subdivision 2; 302A.661, subdivision 1; 303.05, subdivision 1; 303.10; 308A.025; 308A.131, subdivision 1; 308B.115; 317A.011, subdivision 15; 317A.111, subdivisions 1, 3, 4, by adding a subdivision; 317A.121; 317A.123; 317A.133, subdivisions 1, 2, 3; 317A.181, subdivision 2, by adding a subdivision; 317A.203; 317A.227; 317A.231, subdivisions 1, 4; 317A.237; 317A.239, subdivisions 1, 3; 317A.241, subdivisions 1, 2, by adding a subdivision; 317A.255, subdivision 1; 317A.301; 317A.311; 317A.315; 317A.321; 317A.341, subdivision 2; 317A.521, subdivision 9; 317A.613, subdivision 2; 317A.661; 317A.721, subdivisions 1, 3; 321.0114; 321.0905; 322B.03, subdivision 29; 322B.13; 322B.135; 322B.34, subdivision 1; 322B.373, subdivision 2; 322B.676; 322B.686, subdivision 2; 322B.77, subdivision 1; 322B.935; 323A.1001; 323A.1102; 333.20, subdivision 1; 333.22, subdivisions 1, 3; Minnesota Statutes 2009 Supplement, sections 5.15; 5.34; 5.35; 303.06, subdivision 2; 321.0809; 321.0902; 321.0906; Laws 2008, chapter 233, article 3, section 8; proposing coding for new law in Minnesota Statutes, chapter 5; repealing Minnesota Statutes 2008, section 333.17.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Olin introduced:

 

      H. F. No. 3026, A bill for an act relating to electrical licensing; modifying requirements for responsible licensed individuals; amending Minnesota Statutes 2008, section 326B.33, subdivision 17.

 

      The bill was read for the first time and referred to the Committee on Commerce and Labor.

 

 

      Eken, Norton, Welti and Anderson, P., introduced:

 

      H. F. No. 3027, A bill for an act relating to solid waste; amending mercury testing requirements for certain new incinerator units; amending Minnesota Statutes 2008, section 116.85, subdivision 1a.

 

      The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

 

 

      Dill introduced:

 

      H. F. No. 3028, A bill for an act relating to higher education; providing funding for the Cook County Higher Education Board; appropriating money.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

      Hortman introduced:

 

      H. F. No. 3029, A bill for an act relating to transportation; modifying provisions governing movement of large vehicles on public streets and highways; making technical changes; repealing certain rules related to motor carriers; amending Minnesota Statutes 2008, sections 169.86, subdivision 5; 169.863, subdivision 1; 169.864, subdivision 4;


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7821

169.871, subdivisions 1, 1a, 1b; Minnesota Statutes 2009 Supplement, sections 169.801, subdivision 10; 169.81, subdivision 3; 169.824, subdivision 2; 169.8261, subdivision 2; 169.864, subdivision 2; 169.865, subdivision 1; 221.025; 221.031, subdivision 3; repealing Minnesota Statutes 2008, section 169.826, subdivision 6; Minnesota Rules, parts 7800.0100, subparts 4, 6, 7, 8, 11, 12, 13, 14; 7800.0200; 7800.0400; 7800.0800; 7800.0900; 7800.1000; 7800.3200, subpart 2; 7800.3300; 7805.0500; 7805.0900; 7805.1300; 8850.7950; 8850.8000; 8850.8050, subpart 2; 8850.8100; 8850.8250; 8850.8300; 8850.8350; 8850.8800; 8850.8850; 8850.9050, subpart 3; 8855.0410; 8855.0600; 8855.0850; 8920.0100; 8920.0150; 8920.0200; 8920.0300; 8920.0400; 8920.0500; 8920.0600; 8920.0700; 8920.0800; 8920.0900; 8920.1000; 8920.1100; 8920.1200; 8920.1300; 8920.1400; 8920.1500; 8920.1550; 8920.1600; 8920.1700; 8920.1800; 8920.1900; 8920.2000; 8920.2100; 8920.2200; 8920.2300; 8920.2400; 8920.2500; 8920.2600; 8920.2700; 8920.2800; 8920.2900; 8920.3000; 8920.3100; 8920.3200; 8920.3300; 8920.3400; 8920.3500; 8920.3600; 8920.3700; 8920.3800; 8920.3900; 8920.4000; 8920.4100; 8920.4200; 8920.4300; 8920.4400; 8920.4500.

 

      The bill was read for the first time and referred to the Committee on Finance.

 

 

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. 2700, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; establishing new programs and modifying existing programs; authorizing the sale and issuance of state bonds; cancelling and modifying previous appropriations; appropriating money; amending Minnesota Statutes 2008, sections 16A.105; 16A.501; 16A.66, subdivision 2; 103F.161, subdivisions 1, 3; 103F.515, by adding a subdivision; 116J.435, as amended; 174.50, subdivisions 6, 7; 256E.37, subdivisions 1, 2; Minnesota Statutes 2009 Supplement, sections 16A.647, subdivisions 1, 5; 16A.86, subdivision 3a; Laws 2005, chapter 20, article 1, sections 19, subdivision 4; 23, subdivision 12, as amended; Laws 2006, chapter 258, sections 5, subdivision 3; 8, subdivision 4; 17, subdivision 5; 21, subdivision 14, as amended; Laws 2008, chapter 152, article 2, section 3, subdivision 2; Laws 2008, chapter 179, sections 5, subdivision 4; 7, subdivisions 8, 27; 21, subdivision 9; Laws 2008, chapter 365, sections 4, subdivision 3; 5, subdivision 2; 24, subdivision 2; 25; Laws 2009, chapter 93, article 1, sections 11, subdivision 5; 20; proposing coding for new law in Minnesota Statutes, chapters 16A; 16B; repealing Laws 2009, chapter 93, article 1, section 45.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

      Hausman moved that the House refuse to concur in the Senate amendments to H. F. No. 2700, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 65th Day - Tuesday, February 16, 2010 - Top of Page 7822

      The question was taken on the Hausman motion and the roll was called.  There were 125 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Loon

Mack

Magnus

Mahoney

Mariani

Marquart

Masin

McFarlane

McNamara

Morgan

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Nelson

Newton

Nornes

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Peppin

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The motion prevailed.

 

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:

 

      S. F. No. 2251.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2251, A bill for an act relating to elections; changing the date of the state primary; changing certain primary-related dates and provisions;  amending Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 203B.06, subdivision 1; 203B.081; 203B.11, subdivision 2; 203B.13, subdivision 2; 203B.17, subdivision 1; 203B.22; 203B.225, subdivision 1; 203B.23, subdivision 2; 204B.09, subdivision 1; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.17; 204D.19; 204D.28, subdivisions 5, 6, 8, 9, 10; 205.065, subdivisions 1, 2; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205A.03, subdivisions 1,


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2; 205A.05, subdivision 3; 205A.06, subdivision 1a; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision 2a; 206.61, subdivision 5; 208.03; 211B.045; 410.12, subdivision 1; 447.32, subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 204D.

 

The bill was read for the first time.

 

Simon moved that S. F. No. 2251 and H. F. No. 2552, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2700:

 

      Hausman, Wagenius, Solberg, Scalze and Howes.

 

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 915:

 

      Hosch, Anzelc, Peterson, Carlson and Davids.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Tillberry moved that the name of Ward be added as an author on H. F. No. 253.  The motion prevailed.

 

      Smith moved that his name be stricken and the name of Paymar be added as chief author on H. F. No. 1396.  The motion prevailed.

 

      Hansen moved that the names of Brynaert and Bigham be added as authors on H. F. No. 2116.  The motion prevailed.

 

      Davnie moved that the name of Hornstein be added as an author on H. F. No. 2329.  The motion prevailed.

 

      Hansen moved that the name of Masin be added as an author on H. F. No. 2412.  The motion prevailed.

 

      Bunn moved that the name of Olin be added as an author on H. F. No. 2422.  The motion prevailed.

 

      Gardner moved that the name of Reinert be added as an author on H. F. No. 2510.  The motion prevailed.

 

      Gardner moved that the name of Scalze be added as an author on H. F. No. 2512.  The motion prevailed.

 

      Ward moved that the names of Morrow and Kath be added as authors on H. F. No. 2538.  The motion prevailed.

 

      Hausman moved that the name of McNamara be added as an author on H. F. No. 2560.  The motion prevailed.

 

      Falk moved that the name of Brynaert be added as an author on H. F. No. 2592.  The motion prevailed.

 

      Ward moved that the name of Anzelc be added as an author on H. F. No. 2597.  The motion prevailed.


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      Ward moved that the name of Otremba be added as an author on H. F. No. 2601.  The motion prevailed.

 

      Doty moved that the name of Otremba be added as an author on H. F. No. 2621.  The motion prevailed.

 

      Hansen moved that the name of Davids be added as an author on H. F. No. 2658.  The motion prevailed.

 

      Newton moved that the name of Olin be added as an author on H. F. No. 2674.  The motion prevailed.

 

      Juhnke moved that the name of Otremba be added as an author on H. F. No. 2678.  The motion prevailed.

 

      Murphy, E., moved that the names of Paymar and Newton be added as authors on H. F. No. 2680.  The motion prevailed.

 

      Dittrich moved that the name of Otremba be added as an author on H. F. No. 2711.  The motion prevailed.

 

      Anderson, S., moved that the name of Olin be added as an author on H. F. No. 2732.  The motion prevailed.

 

      Clark moved that the name of Lenczewski be added as an author on H. F. No. 2737.  The motion prevailed.

 

      Davnie moved that the name of Kalin be added as an author on H. F. No. 2750.  The motion prevailed.

 

      Laine moved that her name be stricken as an author on H. F. No. 2752.  The motion prevailed.

 

      Kahn moved that the name of Garofalo be added as an author on H. F. No. 2757.  The motion prevailed.

 

      Welti moved that the name of Mullery be added as an author on H. F. No. 2766.  The motion prevailed.

 

      Kohls moved that the name of Reinert be added as an author on H. F. No. 2768.  The motion prevailed.

 

      Bunn moved that the name of Scalze be added as an author on H. F. No. 2778.  The motion prevailed.

 

      Hornstein moved that the name of Paymar be added as an author on H. F. No. 2793.  The motion prevailed.

 

      Hilty moved that the name of Paymar be added as an author on H. F. No. 2797.  The motion prevailed.

 

      Obermueller moved that the names of Brynaert, Slocum, Rosenthal, Paymar and Gunther be added as authors on H. F. No. 2801.  The motion prevailed.

 

      Swails moved that the name of Beard be added as an author on H. F. No. 2804.  The motion prevailed.

 

      Juhnke moved that the name of Scalze be added as an author on H. F. No. 2806.  The motion prevailed.

 

      Doty moved that the name of Olin be added as an author on H. F. No. 2818.  The motion prevailed.

 

      Hayden moved that the name of Slocum be added as an author on H. F. No. 2831.  The motion prevailed.

 

      Hornstein moved that the name of Slocum be added as an author on H. F. No. 2834.  The motion prevailed.

 

      Emmer moved that the name of Beard be added as an author on H. F. No. 2835.  The motion prevailed.

 

      Knuth moved that the names of Gardner and Kahn be added as authors on H. F. No. 2837.  The motion prevailed.


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      Bunn moved that the names of Kahn and Ward be added as authors on H. F. No. 2839.  The motion prevailed.

 

      Hayden moved that the name of Lenczewski be added as an author on H. F. No. 2841.  The motion prevailed.

 

      Smith moved that the name of Juhnke be added as an author on H. F. No. 2844.  The motion prevailed.

 

      Downey moved that the name of Lenczewski be added as an author on H. F. No. 2845.  The motion prevailed.

 

      Norton moved that the names of Lenczewski and Reinert be added as authors on H. F. No. 2849.  The motion prevailed.

 

      Seifert moved that the name of Beard be added as an author on H. F. No. 2862.  The motion prevailed.

 

      Mariani moved that the name of Slocum be added as an author on H. F. No. 2863.  The motion prevailed.

 

      Gardner moved that the name of Slocum be added as an author on H. F. No. 2864.  The motion prevailed.

 

      Carlson moved that the names of Slocum and Kahn be added as authors on H. F. No. 2866.  The motion prevailed.

 

      Kath moved that the name of Lenczewski be added as an author on H. F. No. 2881.  The motion prevailed.

 

      Hansen moved that the names of Koenen, Fritz, Kath, Cornish and Ruud be added as authors on H. F. No. 2882.  The motion prevailed.

 

      Marquart moved that the name of Lenczewski be added as an author on H. F. No. 2894.  The motion prevailed.

 

      Brod moved that the name of Gottwalt be added as an author on H. F. No. 2901.  The motion prevailed.

 

      Anderson, S., moved that the names of Gardner and Slocum be added as authors on H. F. No. 2909.  The motion prevailed.

 

      Kohls moved that the name of Scott be added as an author on H. F. No. 2911.  The motion prevailed.

 

      Brod moved that the name of Beard be added as an author on H. F. No. 2917.  The motion prevailed.

 

      Anderson, S., moved that the names of Torkelson and Kiffmeyer be added as authors on H. F. No. 2919.  The motion prevailed.

 

      Welti moved that the name of Beard be added as an author on H. F. No. 2920.  The motion prevailed.

 

      Hornstein moved that the name of Brynaert be added as an author on H. F. No. 2921.  The motion prevailed.

 

      Thissen moved that the name of Newton be added as an author on H. F. No. 2922.  The motion prevailed.

 

      Johnson moved that the name of Kahn be added as an author on H. F. No. 2923.  The motion prevailed.

 

      Morrow moved that the name of Benson be added as an author on H. F. No. 2936.  The motion prevailed.

 

      Hortman moved that the name of Brynaert be added as an author on H. F. No. 2937.  The motion prevailed.

 

      Loeffler moved that the name of Brynaert be added as an author on H. F. No. 2940.  The motion prevailed.


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      Sterner moved that the names of Benson, Scalze and Kalin be added as authors on H. F. No. 2943.  The motion prevailed.

 

      Greiling moved that the name of Kahn be added as an author on H. F. No. 2944.  The motion prevailed.

 

      Pelowski moved that the name of Sterner be added as an author on H. F. No. 2958.  The motion prevailed.

 

      Lesch moved that the name of Champion be added as an author on H. F. No. 2959.  The motion prevailed.

 

      Paymar moved that the names of Greiling and Slawik be added as authors on H. F. No. 2960.  The motion prevailed.

 

      Paymar moved that the name of Slocum be added as an author on H. F. No. 2965.  The motion prevailed.

 

      Norton moved that the names of Morrow and Loeffler be added as authors on H. F. No. 2966.  The motion prevailed.

 

      Peterson moved that the name of Slocum be added as an author on H. F. No. 2968.  The motion prevailed.

 

      Lanning moved that the name of McNamara be added as an author on H. F. No. 2975.  The motion prevailed.

 

      Thissen moved that the name of Slocum be added as an author on H. F. No. 2977.  The motion prevailed.

 

      Rosenthal moved that the name of Slocum be added as an author on H. F. No. 2978.  The motion prevailed.

 

      Rosenthal moved that the name of Slocum be added as an author on H. F. No. 2979.  The motion prevailed.

 

      Bly moved that the name of Slocum be added as an author on H. F. No. 2981.  The motion prevailed.

 

      Hornstein moved that the name of Champion be added as an author on H. F. No. 2986.  The motion prevailed.

 

      Paymar moved that the names of Slocum and Lenczewski be added as authors on H. F. No. 2987.  The motion prevailed.

 

      Pelowski moved that the name of Sterner be added as an author on H. F. No. 2988.  The motion prevailed.

 

      Greiling moved that H. F. No. 2918 be recalled from the Committee on Commerce and Labor and be re-referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.  The motion prevailed.

 

      Dean moved that H. F. No. 1205 be returned to its author.  The motion prevailed.

 

 

ADJOURNMENT

 

      Sertich moved that when the House adjourns today it adjourn until 11:00 a.m., Thursday, February 18, 2010.  The motion prevailed.

 

      Sertich moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Thursday, February 18, 2010.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives