Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7869

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SIXTH SESSION - 2010

 

_____________________

 

SIXTY-SEVENTH DAY

 

Saint Paul, Minnesota, Monday, February 22, 2010

 

 

      The House of Representatives convened at 1:00 p.m. and was called to order by Margaret Anderson Kelliher, Speaker of the House.

 

      Prayer was offered by Herb Sam, Spiritual Leader, Mille Lacs Band of Ojibwe.

 

      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:

 


Anderson, B.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brown

Brynaert

Buesgens

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Drazkowski

Eastlund

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Kelly

Kiffmeyer

Knuth

Koenen

Kohls

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

Scalze

Scott

Seifert

Sertich

Severson

Shimanski

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

      A quorum was present.

 

      Abeler and Howes were excused until 7:30 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  Beard 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.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7870

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

 

H. F. No. 365, A bill for an act relating to state government; proposing a constitutional amendment to change the method for amending the Minnesota Constitution.

 

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

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 524, A bill for an act relating to public safety; establishing the county jail reentry project; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 641.

 

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

 

      The report was adopted.

 

 

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

 

H. F. No. 1217, A bill for an act relating to solid waste; requiring drug producers to register and pay a fee; providing for a drug collection program funded by drug producers; requiring reports; creating an account; providing penalties; expanding categories of persons allowed to possess legend and nonprescription drugs to include those disposing of them; modifying definitions; prohibiting flushing drugs into sewer system by health care facilities; appropriating money; amending Minnesota Statutes 2008, sections 151.37, subdivisions 6, 7; 151.44; proposing coding for new law in Minnesota Statutes, chapters 115A; 144.

 

Reported the same back with the following amendments:

 

Page 2, after line 23, insert:

 

"Subd. 10.  Notification.  "Notification" means a document required under section 115A.1413 that describes the elements of a program and the manner in which it will be provided."

 

Page 2, line 24, delete "10" and insert "11"

 

Page 2, delete lines 27 and 28

 

Page 4, after line 22, insert:

 

"Subd. 4.  Emergency exception.  The commissioner of health may grant producers a public health exemption to subdivisions 1 to 3 for prescription drugs if the commissioner of health determines it is necessary to carry out the duties of sections 144.05, 144.4197, 144.4198, and 151.37, subdivisions 2 and 10."


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Page 5, line 13, delete "Program plan" and insert "Notification" and delete "(a)"

 

Page 5, line 14, delete the second "program"

 

Page 5, delete line 15 and insert "notification before beginning to collect"

 

Page 5, line 16, delete "program plan" and insert "notification"

 

Page 5, delete lines 29 to 35

 

Page 6, line 8, delete "plan that has been approved" and insert "notification that has been filed"

 

Page 6, line 14, delete "approved" and insert "under section 115A.1413"

 

Page 6, line 15, delete "by the agency"

 

Page 6, line 29, delete "plan" and insert "notification"

 

Page 7, line 12, delete "plans in a program year" and insert "programs"

 

Page 7, line 26, delete everything after "review" and insert "notifications submitted"

 

Page 8, line 8, delete "plan" and delete "plan's" and insert "program's"

 

Page 8, line 9, delete "plan"

 

Page 10, line 13, delete "January 1, 2011" and insert "six months after the United States Drug Enforcement Administration approves an alternative system of disposal for unwanted drugs that complies with the federal Controlled Substances Act"

 

Page 10, line 28, delete "program plan approved by" and insert "notification filed with"

 

Page 11, line 12, delete "program plan approved" and insert "notification filed"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Public Safety Policy and Oversight.

 

      The report was adopted.

 

 

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

 

H. F. No. 1847, A bill for an act relating to insurance; requiring health plans to establish equal out-of-pocket requirements for oral chemotherapy medications and intravenously administered chemotherapy medications; proposing coding for new law in Minnesota Statutes, chapter 62A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7872

"Section 1.  [62A.3075] CANCER CHEMOTHERAPY TREATMENT COVERAGE. 

 

(a) A health plan company that provides coverage under a health plan for cancer chemotherapy treatment shall not require a higher co-payment, deductible, or coinsurance amount for a prescribed, orally administered anticancer medication that is used to kill or slow the growth of cancerous cells than what the health plan requires for an intravenously administered or injected cancer medication that is provided, regardless of formulation or benefit category determination by the health plan company.

 

(b) A health plan company shall not achieve compliance with this section by imposing an increase in co-payment, deductible, or coinsurance amount for an intravenously administered or injected cancer chemotherapy agents covered under the health plan.

 

(c) Nothing in this section shall be interpreted to prohibit a health plan company from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any chemotherapy.

 

EFFECTIVE DATE.  Paragraphs (a) and (c) are effective August 1, 2010, and apply to health plans providing coverage to a Minnesota resident offered, issued, sold, renewed, or continued as defined in Minnesota Statutes, section 60A.02, subdivision 2a, on or after that date.  Paragraph (b) is effective the day following final enactment."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce and Labor.

 

      The report was adopted.

 

 

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

 

H. F. No. 2231, A bill for an act relating to transportation; allowing road authorities to remove snow from certain roads in uncompleted subdivisions; amending Minnesota Statutes 2008, section 160.21, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 8, after "authority" insert ", including a statutory or home rule charter city,"

 

Page 1, line 12, delete "and" and insert "or"

 

Page 2, line 6, delete "2012" and insert "2013"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Civil Justice.

 

      The report was adopted.

 

 

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

 

H. F. No. 2577, A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 12; adding a provision to allow legislators to call a special session.

 

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

 

      The report was adopted.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7873

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 2607, A bill for an act relating to public safety; clarifying detention placement options for extended jurisdiction juveniles pending revocation hearings; amending Minnesota Statutes 2008, section 260B.130, subdivision 5.

 

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

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 2618, A bill for an act relating to juveniles; requiring the court to provide a general notice of collateral sanctions to a juvenile before accepting a guilty plea; amending Minnesota Statutes 2008, section 260B.163, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

 

H. F. No. 2623, A bill for an act relating to human services; clarifying medical assistance coverage for children's therapeutic services; amending Minnesota Statutes 2009 Supplement, section 256B.0943, subdivision 12.

 

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

 

      The report was adopted.

 

 

Solberg from the Committee on Ways and Means 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 recommendation that the bill pass.

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 2701, A bill for an act relating to occupations and professions; modifying terms relating to firefighters; amending Minnesota Statutes 2009 Supplement, section 299N.03, subdivision 5.

 

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

 

      The report was adopted.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7874

Mariani from the Committee on K-12 Education Policy and Oversight to which was referred:

 

H. F. No. 2703, A bill for an act relating to education; clarifying rulemaking authority of the Board of Teaching; amending Minnesota Statutes 2009 Supplement, section 122A.09, subdivision 4.

 

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.

 

 

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

 

H. F. No. 2752, A bill for an act relating to health; requiring an amended death record when ordered by the court; amending Minnesota Statutes 2008, sections 144.221, by adding a subdivision; 390.23.

 

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

 

      The report was adopted.

 

 

Solberg from the Committee on Ways and Means to which was referred:

 

H. F. No. 2763, A bill for an act relating to taxation; accelerating the income tax charitable deduction for relief of Haitian earthquake victims; amending Minnesota Statutes 2009 Supplement, section 290.01, subdivisions 19, 19b.

 

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

 

      The report was adopted.

 

 

Mariani from the Committee on K-12 Education Policy and Oversight to which was referred:

 

H. F. No. 2880, A bill for an act relating to education; amending requirement for GRAD retakes; amending Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 1.

 

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

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 2888, A bill for an act relating to crimes; providing penalty for careless driving resulting in death; amending Minnesota Statutes 2008, section 169.13, by adding a subdivision.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Transportation and Transit Policy and Oversight Division.

 

      The report was adopted.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7875

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

 

H. F. No. 2914, A bill for an act relating to motor vehicles; prohibiting sale of illegally tinted motor vehicle windows; amending Minnesota Statutes 2008, section 169.71, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1 and insert:

 

"Section 1.  Minnesota Statutes 2008, section 169.71, is amended by adding a subdivision to read:

 

Subd. 5.  Glazing material; prohibitions on sale.  (a) No person shall sell or offer for sale or use on any motor vehicle, windows or windshields that are composed of, covered by, or treated with material that fails to comply with the provisions of subdivision 4.  No person shall apply or offer to apply, as part of a business transaction, material to motor vehicle windows or windshields that fails to comply with the provisions of subdivision 4.

 

(b) Violation of this subdivision is a misdemeanor.

 

(c) This subdivision does not apply to sale or offers for sale of a motor vehicle containing windows or windshields composed of, covered by, or treated with material that fails to comply with the provisions of subdivision 4."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce and Labor.

 

      The report was adopted.

 

 

Hilstrom from the Committee on Public Safety Policy and Oversight to which was referred:

 

H. F. No. 2950, A bill for an act relating to crime; prohibiting deceptive practices in the sale of event tickets; amending Minnesota Statutes 2009 Supplement, section 609.807.

 

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

 

      The report was adopted.

 

 

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections to which was referred:

 

S. F. No. 80, A bill for an act relating to elections; campaign finance; removing certain unconstitutional provisions governing independent expenditures in political campaigns; changing certain campaign expenditure and contribution limits and certain reporting requirements; authorizing electronic filing of certain items with the Campaign Finance and Public Disclosure Board; providing contribution limits for judicial candidates; increasing contribution limits for candidates for secretary of state, state auditor and the legislature; making certain reports filed with the Campaign Finance and Public Disclosure Board nonpublic data until certain conditions have been met; requiring the public subsidy for an eligible candidate be withheld until a required report has been filed; amending Minnesota Statutes 2008, sections 10A.01, subdivisions 9, 11, 18, 26; 10A.04, subdivision 5; 10A.071, subdivision


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7876

3; 10A.08; 10A.09, subdivision 7; 10A.14, subdivisions 2, 4, by adding a subdivision; 10A.20, subdivisions 1, 12, 13, by adding subdivisions; 10A.27, subdivision 1; 10A.31, subdivision 6, by adding a subdivision; 10A.322, subdivision 1; 10A.323; 10A.35; 13.607, by adding a subdivision; 211A.02, subdivision 2; 211A.05, subdivision 2; 211B.12; repealing Minnesota Statutes 2008, section 10A.20, subdivision 6b.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to read:

 

Subd. 18.  Independent expenditure.  "Independent expenditure" means an expenditure expressly advocating the election or defeat of a clearly identified candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate's principal campaign committee or agent.  An independent expenditure is not a contribution to that candidate.  An expenditure by a political party or political party unit in a race where the political party has a candidate on the ballot is not an independent expenditure.

 

Sec. 2.  Minnesota Statutes 2008, section 10A.01, subdivision 26, is amended to read:

 

Subd. 26.  Noncampaign disbursement.  "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:

 

(1) payment for accounting and legal services;

 

(2) return of a contribution to the source;

 

(3) repayment of a loan made to the principal campaign committee by that committee;

 

(4) return of a public subsidy;

 

(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;

 

(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;

 

(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;

 

(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;

 

(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7877

(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;

 

(11) costs of child care for the candidate's children when campaigning;

 

(12) fees paid to attend a campaign school;

 

(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;

 

(14) interest on loans paid by a principal campaign committee on outstanding loans;

 

(15) filing fees;

 

(16) post-general election thank-you notes or advertisements in the news media;

 

(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;

 

(18) contributions to a party unit;

 

(19) payments for funeral gifts or memorials;

 

(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;

 

(21) costs associated with a candidate attending a political party state or national convention in this state; and

 

(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question; and

 

(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check.

 

The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.

 

A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.

 

Sec. 3.  Minnesota Statutes 2008, section 10A.04, subdivision 5, is amended to read:

 

Subd. 5.  Late filing.  The board must send a notice by certified mail to any lobbyist or principal who fails after seven days after a filing date imposed by this section to file a report or statement or to pay a fee required by this section.  If a lobbyist or principal fails to file a report or pay a fee required by this section within ten business days after the notice was sent report was due, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing with the 11th day after the notice was sent report was due.  The board must send an additional notice by certified mail to any lobbyist or principal who fails to file a report or pay a fee within 14 days after the first notice was sent by the board ten business days after the report was due that the lobbyist or principal may be subject to a civil penalty for failure to file the report or pay the fee.  A lobbyist or principal who fails to file a report or statement or pay a fee within seven days after the second certified mail notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.


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Sec. 4.  Minnesota Statutes 2008, section 10A.071, subdivision 3, is amended to read:

 

Subd. 3.  Exceptions.  (a) The prohibitions in this section do not apply if the gift is:

 

(1) a contribution as defined in section 10A.01, subdivision 11;

 

(2) services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

 

(3) services of insignificant monetary value;

 

(4) a plaque with a resale value of $5 or less;

 

(5) a trinket or memento costing $5 or less;

 

(6) informational material of unexceptional value with a resale value of $5 or less; or

 

(7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.

 

(b) The prohibitions in this section do not apply if the gift is given:

 

(1) because of the recipient's membership in a group, a majority of whose members are not officials, and an equivalent gift is given to the other members of the group; or

 

(2) by a lobbyist or principal who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family.

 

Sec. 5.  Minnesota Statutes 2008, section 10A.08, is amended to read:

 

10A.08 REPRESENTATION DISCLOSURE. 

 

A public official who represents a client for a fee before an individual, board, commission, or agency that has rulemaking authority in a hearing conducted under chapter 14, must disclose the official's participation in the action to the board within 14 days after the appearance.  The board must send a notice by certified mail to any public official who fails to disclose the participation within 14 days after the appearance.  If the public official fails to disclose the participation within ten business days after the notice was sent disclosure required by this section was due, the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the 11th day after the notice was sent disclosure was due.  The board must send an additional notice by certified mail to a public official who fails to disclose the participation within 14 ten business days after the first notice was sent by the board disclosure was due that the public official may be subject to a civil penalty for failure to disclose the participation.  A public official who fails to disclose the participation within seven days after the second certified mail notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.

 

Sec. 6.  Minnesota Statutes 2008, section 10A.09, subdivision 7, is amended to read:

 

Subd. 7.  Late filing.  The board must send a notice by certified mail to any individual who fails within the prescribed time to file a statement of economic interest required by this section.  If an individual fails to file a statement of economic interest required by this section within ten business days after the notice was sent, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing on the 11th day after the notice was sent statement was due.  The board must send an additional notice by certified mail to any individual who fails to file a


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7879

statement within 14 ten business days after the first notice was sent by the board statement was due that the individual may be subject to a civil penalty for failure to file a statement.  An individual who fails to file a statement within seven days after the second certified mail notice was sent by the board is subject to a civil penalty imposed by the board up to $1,000.

 

Sec. 7.  Minnesota Statutes 2008, section 10A.14, subdivision 2, is amended to read:

 

Subd. 2.  Form.  The statement of organization must include:

 

(1) the name and address of the committee, fund, or party unit;

 

(2) the name and, address, and e-mail address of the chair of a political committee, principal campaign committee, or party unit;

 

(3) the name and address of any supporting association of a political fund;

 

(4) the name and, address, and e-mail address of the treasurer and any deputy treasurers;

 

(5) the name, address, and e-mail address of the candidate of a principal campaign committee;

 

(6) a listing of all depositories or safety deposit boxes used; and

 

(6) (7) for the state committee of a political party only, a list of its party units.

 

Sec. 8.  Minnesota Statutes 2008, section 10A.14, subdivision 4, is amended to read:

 

Subd. 4.  Failure to file; penalty.  The board must send a notice by certified mail to any individual who fails to file a statement required by this section.  If the an individual fails to file a statement required by this section within ten business days after the notice was sent statement was due, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing with the 11th day after the notice was sent statement was due.

 

The board must send an additional notice by certified mail to any individual who fails to file a statement within 14 ten business days after the first notice was sent by the board statement was due that the individual may be subject to a civil penalty for failure to file the report statement.  An individual who fails to file the statement within seven days after the second certified mail notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.

 

Sec. 9.  Minnesota Statutes 2008, section 10A.14, is amended by adding a subdivision to read:

 

Subd. 5.  Exemptions.  For good cause shown, the board must grant exemptions to the requirement that e-mail addresses be provided.

 

Sec. 10.  Minnesota Statutes 2008, section 10A.20, subdivision 1, is amended to read:

 

Subdivision 1.  First filing; duration.  The treasurer of a political committee, political fund, principal campaign committee, or party unit must begin to file the reports required by this section in the first year it receives contributions or makes expenditures in excess of $100 and must continue to file until the committee, fund, or party unit is terminated.  The reports must be filed electronically in a standards-based open format specified by the board.  For good cause shown, the board must grant exemptions to the requirement that reports be filed electronically.

 

EFFECTIVE DATE.  This section is effective January 1, 2012, and applies to reports for election years on or after that date.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7880

Sec. 11.  Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision to read:

 

Subd. 1b.  Release of reports.  Except as provided in subdivision 1c, a report filed under this section is nonpublic data until 8:00 a.m. on the day following the day the report was due.

 

Sec. 12.  Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision to read:

 

Subd. 1c.  Reports of certain political party units.  (a) This subdivision applies to the following party units:

 

(1) the two state party units of major political parties that received the highest level of contributions in the last election year;

 

(2) the two party units established by members of a major party in the house of representatives that received the highest level of contributions in the last election year; and

 

(3) the two party units established by members of a major party in the senate that received the highest level of contributions in the last election year.

 

(b) A report filed under this section by a member of one of the party units listed in paragraph (a) is nonpublic data until the reports of each of the party units in that group have been filed.

 

(c) A report filed electronically under this section by a member of one of the party units listed in paragraph (a) is nonpublic data unless the reports of each of the party units in that group are filed electronically or until the board has created electronic data from the nonelectronic report so that data from each report are available in the same electronic form.  The board may produce a viewable image of an electronic report after the requirements of paragraph (b) have been met.

 

(d) A party unit may waive the restrictions on publication of data established in this section through a written statement signed by the treasurer.

 

(e) Nothing in this subdivision prevents the board from publicly disclosing that an entity subject to this section has filed a report and the date the report was filed.

 

(f) Each group listed in paragraph (a) is exempt from the electronic filing requirement unless both members of the group have approved the filing format specified by the board.

 

Sec. 13.  Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:

 

Subd. 12.  Failure to file; penalty.  The board must send a notice by certified mail to any individual who fails to file a statement required by this section.  If an individual fails to file a statement report required by this section that is due January 31 within ten business days after the notice was sent report was due, the board may impose a late filing fee of $5 per day, not to exceed $100, commencing with the 11th day after the notice was sent report was due.

 

If an individual fails to file a statement report required by this section that is due before a primary or election within three days after the date due, regardless of whether the individual has received any notice, the board may impose a late filing fee of $50 per day, not to exceed $500, commencing on the fourth day after the date the statement was due.

 

The board must send an additional notice by certified mail to an individual who fails to file a statement report within 14 ten business days after the first notice was sent by the board report was due that the individual may be subject to a civil penalty for failure to file a statement the report.  An individual who fails to file the statement report within seven days after the second certified mail notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7881

Sec. 14.  Minnesota Statutes 2008, section 10A.27, subdivision 1, is amended to read:

 

Subdivision 1.  Contribution limits.  (a) Except as provided in subdivision 2, a candidate must not permit the candidate's principal campaign committee to accept aggregate contributions made or delivered by any individual, political committee, or political fund in excess of the following:

 

(1) to candidates for governor and lieutenant governor running together, $2,000 in an election year for the office sought and $500 in other years;

 

(2) to a candidate for attorney general, $1,000 in an election year for the office sought and $200 in other years;

 

(3) to a candidate for the office of secretary of state or state auditor, $500 in an election year for the office sought and $100 in other years;

 

(4) to a candidate for state senator, $500 in an election year for the office sought and $100 in other years; and

 

(5) to a candidate for state representative, $500 in an election year for the office sought and $100 in the other year; and

 

(6) to a candidate for judicial office, $2,000 in an election year for the office sought and $500 in other years.

 

(b) The following deliveries are not subject to the bundling limitation in this subdivision:

 

(1) delivery of contributions collected by a member of the candidate's principal campaign committee, such as a block worker or a volunteer who hosts a fund-raising event, to the committee's treasurer; and

 

(2) a delivery made by an individual on behalf of the individual's spouse.

 

(c) A lobbyist, political committee, political party unit, or political fund must not make a contribution a candidate is prohibited from accepting.

 

EFFECTIVE DATE; APPLICABILITY.  This section is effective the day following final enactment, and applies to contributions received by a candidate for judicial office on or after that date.  A candidate who has accepted a contribution from an individual, political committee, or political fund between January 1, 2010, and the effective date of this act may only accept an additional contribution from that individual, political committee, or political fund during calendar year 2010 to the extent that the additional contribution does not cause the aggregate amount received from that contributor to exceed the limit contained in this section.

 

Sec. 15.  Minnesota Statutes 2008, section 10A.31, is amended by adding a subdivision to read:

 

Subd. 7a.  Withholding of public subsidy.  If a candidate who is eligible for payment of public subsidy under this section has not filed the report of receipts and expenditures required under section 10A.20 before a primary election, any public subsidy for which that candidate is eligible must be withheld by the board until the candidate complies with the filing requirements of section 10A.20 and the board has sufficient time to review or audit the report.  If a candidate who is eligible for public subsidy does not file the report due before the primary election under section 10A.20 by the date that the report of receipts and expenditures filed before the general election is due, that candidate shall not be paid public subsidy for that election.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7882

Sec. 16.  Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:

 

Subdivision 1.  Agreement by candidate.  (a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.

 

(b) Before the first day of filing for office, the board must forward agreement forms to all filing officers.  The board must also provide agreement forms to candidates on request at any time.  The candidate must file the agreement with the board by September 1 preceding the candidate's general election or a special election held at the general election.  An agreement may not be filed after that date.  An agreement once filed may not be rescinded.

 

(c) The board must notify the commissioner of revenue of any agreement signed under this subdivision.

 

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the candidate files the affidavit of candidacy or nominating petition for the office close of the filing period for the special election for which the candidate filed.

 

Sec. 17.  Minnesota Statutes 2008, section 10A.323, is amended to read:

 

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

 

In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit with the board stating that during that calendar year the candidate has accumulated contributions from persons eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor:

 

(1) candidates for governor and lieutenant governor running together, $35,000;

 

(2) candidates for attorney general, $15,000;

 

(3) candidates for secretary of state and state auditor, separately, $6,000;

 

(4) candidates for the senate, $3,000; and

 

(5) candidates for the house of representatives, $1,500.

 

The affidavit must state the total amount of contributions that have been received from persons eligible to vote in this state, disregarding the portion of any contribution in excess of $50.

 

The candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the cutoff date for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4.

 

A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must submit the affidavit required by this section to the board within five days after filing the affidavit of candidacy the close of the filing period for the special election for which the candidate filed.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7883

Sec. 18.  Minnesota Statutes 2008, section 10A.35, is amended to read:

 

10A.35 COMMERCIAL USE OF INFORMATION PROHIBITED. 

 

Information copied from reports and statements filed with the board, other than reports and statements filed by lobbyists and lobbyist principals, may not be sold or used by an individual or association for a commercial purpose.  Purposes related to elections, political activities, or law enforcement are not commercial purposes.  An individual or association who violates this section is subject to a civil penalty of up to $1,000.  An individual who knowingly violates this section is guilty of a misdemeanor.

 

Sec. 19.  Minnesota Statutes 2008, section 13.607, is amended by adding a subdivision to read:

 

Subd. 5a.  Campaign reports.  Certain reports filed with the Campaign Finance and Public Disclosure Board are classified under section 10A.20.

 

Sec. 20.  CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD; FUNDING OPTION. 

 

The Campaign Finance and Public Disclosure Board shall analyze the potential use of funds collected under Minnesota Statutes, section 10A.31, as the exclusive source of funding for the operations of the board.

 

The board must submit a report describing the board's findings and recommendations under this section to the chairs of the legislative committees with jurisdiction over elections finance no later than January 15, 2011.

 

Sec. 21.  REPEALER. 

 

Minnesota Statutes 2008, section 10A.20, subdivision 6b, is repealed.

 

Sec. 22.  EFFECTIVE DATE. 

 

Except as otherwise provided, this act is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to elections; campaign finance; removing certain unconstitutional provisions governing independent expenditures in political campaigns; changing certain notice requirements and deadlines; changing certain campaign expenditure and contribution limits and certain reporting requirements; authorizing electronic filing of certain items with the Campaign Finance and Public Disclosure Board; providing contribution limits for judicial candidates; making certain reports filed with the Campaign Finance and Public Disclosure Board nonpublic data until certain conditions have been met; requiring the public subsidy for an eligible candidate be withheld until a required report has been filed; requiring a report; amending Minnesota Statutes 2008, sections 10A.01, subdivisions 18, 26; 10A.04, subdivision 5; 10A.071, subdivision 3; 10A.08; 10A.09, subdivision 7; 10A.14, subdivisions 2, 4, by adding a subdivision; 10A.20, subdivisions 1, 12, by adding subdivisions; 10A.27, subdivision 1; 10A.31, by adding a subdivision; 10A.322, subdivision 1; 10A.323; 10A.35; 13.607, by adding a subdivision; repealing Minnesota Statutes 2008, section 10A.20, subdivision 6b."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7884

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 2607, 2624, 2701 and 2763 and  were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 80 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Lenczewski introduced:

 

      H. F. No. 3082, A bill for an act relating to the state budget; reducing appropriations to balance the state budget; modifying calculation of state aids and credits payable to cities, counties, school districts, and other local governments; appropriating money; amending Minnesota Statutes 2008, sections 126C.10, subdivision 2; 273.1384, subdivisions 1, 2; 477A.013, subdivision 9; 477A.03, subdivisions 2a, 2b; repealing Minnesota Statutes 2008, section 477A.03, subdivision 5.

 

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

 

 

      Buesgens and Kohls introduced:

 

      H. F. No. 3083, A bill for an act relating to government finance; establishing a review period prior to legislative actions on revenue and appropriations proposals; proposing coding for new law as Minnesota Statutes, chapter 3D.

 

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

 

 

      Dittrich, Rukavina, Greiling, Juhnke, McFarlane, Morrow, Garofalo, Newton, Anzelc, Kath, Dill and Swails introduced:

 

      H. F. No. 3084, A resolution memorializing Congress and the Secretary of Agriculture to appropriate money and negotiate with the State of Minnesota on the sale and exchange of school trust lands.

 

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

 

 

      Marquart, Lanning, Kalin, Olin and Carlson introduced:

 

      H. F. No. 3085, A bill for an act relating to interest rates; exempting eminent domain awards and property tax adjustments and refunds from increased interest rates on certain judgments; amending Minnesota Statutes 2008, sections 117.195, subdivision 1; 278.08.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7885

      Thissen, Simon, Hansen, Kelliher and Sertich introduced:

 

      H. F. No. 3086, A bill for an act relating to health; providing for access to health records by surviving domestic partners; including domestic partners in provisions governing health care rights, consent to autopsies, and anatomical gifts; amending Minnesota Statutes 2008, sections 144.291, subdivision 2; 144.294, subdivision 1; 144.334; 144.651, subdivisions 2, 28; 144A.161, subdivision 1; 144A.75, subdivision 7; 253B.03, subdivision 6; 390.11, subdivision 2; 390.32, subdivision 3; 525A.02, subdivision 6, by adding a subdivision; 525A.09; Minnesota Statutes 2009 Supplement, section 13.384, subdivision 3.

 

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

 

 

      Seifert; Gottwalt; Kiffmeyer; Peppin; Smith; Scott; Kelly; Shimanski; Drazkowski; Anderson, S.; Torkelson; Anderson, P.; Haws; Urdahl; Dettmer; Demmer; Lanning and Gunther introduced:

 

      H. F. No. 3087, A bill for an act relating to state government; imposing a moratorium on unfunded mandates to businesses and units of local government; creating  commissions to recommend elimination of unfunded mandates on units of local government and to reduce mandates and paperwork imposed on businesses; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

 

      Hayden introduced:

 

      H. F. No. 3088, A bill for an act relating to human services; making changes to children and family services technical and policy provisions; Minnesota family investment program and adult supports; early childhood development; child welfare; amending Minnesota Statutes 2008, sections 119B.189, by adding subdivisions; 119B.19, subdivision 7; 119B.21, as amended; 245A.04, subdivision 11; 256.01, by adding a subdivision; 256.046, subdivision 1; 256.82, subdivision 3; 256.98, subdivision 8; 256J.24, subdivisions 3, 5a, 10; 256J.37, subdivision 3a; 256J.425, subdivision 5; 260C.007, subdivision 4; 260C.193, subdivision 6; 260C.201, subdivision 10; 260C.451; 626.556, subdivision 10; Minnesota Statutes 2009 Supplement, sections 256D.44, subdivision 3; 256J.24, subdivision 5; 256J.425, subdivision 2; 256J.521, subdivision 2; 256J.561, subdivision 3; 256J.66, subdivision 1; 256J.95, subdivisions 3, 11; 260.012; 260C.212, subdivision 7; repealing Minnesota Statutes 2008, section 256.82, subdivision 5; Minnesota Rules, part 9560.0660.

 

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

 

 

      Paymar, Cornish, Hilstrom and Gardner introduced:

 

      H. F. No. 3089, A bill for an act relating to public safety; providing an exception to the statutory cap on bail for certain nonfelony domestic abuse offenders; recodifying and clarifying the domestic abuse no contact order law; expanding the tampering with a witness crime; clarifying the requirement that the data communications network include orders for protection and no contact orders; imposing criminal penalties; amending Minnesota Statutes 2008, sections 299C.46, subdivision 6; 609.498, subdivision 2; 629.471, subdivision 3, by adding a subdivision; 629.72, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 629; repealing Minnesota Statutes 2008, section 518B.01, subdivision 22.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7886

      Hilstrom, Gardner and Paymar introduced:

 

      H. F. No. 3090, A bill for an act relating to crime; modifying crime of stalking; amending Minnesota Statutes 2008, section 609.749.

 

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

 

 

      Demmer introduced:

 

      H. F. No. 3091, A bill for an act relating to natural resources; appropriating money to dredge and maintain Lake Shady.

 

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

 

 

      Shimanski introduced:

 

      H. F. No. 3092, A bill for an act relating to taxation; sales and use; authorizing the city of Hutchinson to impose a sales and use tax.

 

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

 

 

      Mariani, McFarlane, Slawik and Davnie introduced:

 

      H. F. No. 3093, A bill for an act relating to education; establishing an alternative teacher preparation program and limited-term teacher license; proposing coding for new law in Minnesota Statutes, chapter 122A.

 

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

 

 

      Eken introduced:

 

      H. F. No. 3094, A bill for an act relating to natural resources; modifying certain administrative accounts; modifying electronic transaction provisions; providing for certain registration exemptions; modifying all-terrain vehicle operation restrictions; modifying state trails and canoe and boating routes; modifying fees and disposition of certain receipts; modifying certain competitive bidding exemptions; modifying horse trail pass provisions; modifying master plan requirements; modifying beaver dam provisions; modifying the Water Law; modifying nongame wildlife checkoffs; providing for acquisition of Lake Vermilion State Park; amending Minnesota Statutes 2008, sections 84.025, subdivision 9; 84.027, subdivision 15; 84.0856; 84.0857; 84.82, subdivision 3, by adding a subdivision; 84.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1; 85.015, subdivision 14; 85.052, subdivision 4; 85.22, subdivision 5; 85.32, subdivision 1; 85.43; 85.46, as amended; 97B.665, subdivision 2; 103A.305; 103F.325, by adding a subdivision; 103F.335, subdivision 1; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515, subdivision 5; 290.431; 290.432; Minnesota Statutes 2009 Supplement, sections 84.928, subdivision 1; 85.015, subdivision 13; 86A.09, subdivision 1; 103G.201; proposing coding for new law in Minnesota Statutes, chapter 103G; repealing Minnesota Statutes 2008, sections 97B.665, subdivision 1; 103G.295; 103G.650.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7887

      Bly, Atkins, Rukavina, Anzelc, Sterner, Clark, Davnie, Mahoney, Lillie and Simon introduced:

 

      H. F. No. 3095, A bill for an act relating to education; including the history of organized labor and collective bargaining in the academic standards; amending Minnesota Statutes 2009 Supplement, section 120B.023, subdivision 2.

 

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

 

 

      Pelowski, Kahn, Rukavina and Gunther introduced:

 

      H. F. No. 3096, A bill for an act relating to state procurement; modifying provisions governing the provision of services by rehabilitation facilities, extended employment providers, and day training and habilitation service programs; amending Minnesota Statutes 2008, section 16C.155.

 

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

 

 

      Juhnke introduced:

 

      H. F. No. 3097, A bill for an act relating to telecommunications; regulating private shared services; proposing coding for new law in Minnesota Statutes, chapter 237.

 

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

 

 

      Loeffler and Abeler introduced:

 

      H. F. No. 3098, A bill for an act relating to health; modifying provisions for the statewide trauma system; amending Minnesota Statutes 2008, sections 144.603; 144.605, subdivisions 2, 3, by adding a subdivision; 144.608, subdivision 1, by adding a subdivision; 145.61, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2008, section 144.607.

 

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

 

 

      Champion, Hayden, Lieder and Clark introduced:

 

      H. F. No. 3099, A bill for an act relating to transportation; directing commissioner of transportation to require bids for federally assisted contracts to include information on inclusion of disadvantaged business enterprises; requiring commissioner of transportation to provide training for disadvantaged business enterprises; imposing reporting requirements; requiring application for waiver; proposing coding for new law in Minnesota Statutes, chapters 161; 174; repealing Minnesota Statutes 2008, section 174.03, subdivision 11.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7888

      Marquart, Lanning, Dill, Kalin, Abeler and Carlson introduced:

 

      H. F. No. 3100, A bill for an act relating to taxation; providing a special levy for county aid reductions; modifying the computation of the adjusted levy limit base; amending Minnesota Statutes 2008, section 275.71, subdivision 4; Minnesota Statutes 2009 Supplement, section 275.70, subdivision 5.

 

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

 

 

      Doty; Kath; Jackson; Dettmer; Obermueller; Carlson; Murphy, M.; Hayden and Kelliher introduced:

 

      H. F. No. 3101, A bill for an act relating to veterans; expanding the eligible uses of money in the Minnesota "Support Our Troops" account; amending Minnesota Statutes 2009 Supplement, section 190.19, subdivision 2a.

 

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

 

 

      Emmer; Buesgens; Lanning; Pelowski; Kiffmeyer; Anderson, P., and Greiling introduced:

 

      H. F. No. 3102, A bill for an act relating to state government; providing that agency rulemaking activity may take place only when the legislature is not meeting in regular session; providing that newly adopted rules expire at the end of the next legislative session; modifying rulemaking procedures; amending Minnesota Statutes 2008, section 14.389, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2008, sections 14.131; 14.14, subdivisions 1, 1b, 2, 2a, 3; 14.15; 14.16; 14.18; 14.19; 14.20; 14.22, subdivision 2; 14.225; 14.23; 14.24; 14.25; 14.26; 14.27; 14.28; Minnesota Statutes 2009 Supplement, sections 14.14, subdivision 1a; 14.22, subdivision 1.

 

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

 

 

      Drazkowski introduced:

 

      H. F. No. 3103, A bill for an act relating to public safety; amending a definition related to child pornography; amending Minnesota Statutes 2008, section 617.246, subdivision 1.

 

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

 

 

      Kohls, Buesgens, Scott, Drazkowski, Shimanski, Smith, Downey, Urdahl, Kiffmeyer, Severson, Sanders, Zellers, Holberg, Eastlund, Nornes, Murdock and Anderson, S., introduced:

 

      H. F. No. 3104, A bill for an act relating to state spending; proposing an amendment to the Minnesota Constitution by adding a section to article XI; limiting the level of budgeted spending to the amount collected in the prior biennium.

 

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

 

 

      Downey; Anderson, S.; Drazkowski; Anderson, P.; Eastlund; Gottwalt; Torkelson and Scott introduced:

 

      H. F. No. 3105, A bill for an act relating to capital investment; requiring information to determine return on investment for capital requests.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7889

      Bigham, Hilstrom, Cornish, Lieder, Smith, Kath, Benson, Beard, Olin, Norton, Emmer and Sanders introduced:

 

      H. F. No. 3106, A bill for an act relating to public safety; modifying implied consent, driving while impaired, and ignition interlock provisions; amending Minnesota Statutes 2008, sections 169A.52, subdivisions 3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding a subdivision; 169A.60, subdivision 1; 171.09; 171.30, subdivisions 1, 2a, 4; 171.306, as amended; 609.131, subdivision 2; Minnesota Statutes 2009 Supplement, sections 169A.275, subdivision 7; 169A.54, subdivision 1; repealing Minnesota Statutes 2008, sections 169A.54, subdivision 11; 169A.55, subdivision 1; 171.30, subdivision 2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11.

 

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

 

 

      Dettmer; Torkelson; Hackbarth; Eastlund; Brown; Anderson, P.; McNamara; Drazkowski; Davids; Cornish; Shimanski and Emmer introduced:

 

      H. F. No. 3107, A bill for an act relating to taxation; property; agricultural products; boarding of horses; amending Minnesota Statutes 2009 Supplement, section 273.13, subdivision 23.

 

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

 

 

      Winkler, Kiffmeyer, Pelowski, Simon, Brod, Hilty, Kalin and Morrow introduced:

 

      H. F. No. 3108, A bill for an act relating to elections; changing and clarifying certain provisions; amending Minnesota Statutes 2008, sections 201.016, subdivision 1a; 201.061, subdivision 1; 201.12; 201.13; 201.14; 201.15, subdivisions 1, 2; 201.155; 203B.02, subdivision 3; 203B.04, subdivision 1; 203B.06, subdivision 5; 203B.16, subdivision 2; 203B.19; 204B.04, subdivision 2; 204B.135, subdivision 4; 204B.14, by adding a subdivision; 204B.18, subdivision 1; 204B.19, subdivision 2; 204B.21, subdivision 2; 204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.38; 204C.02; 204C.04, subdivision 1; 204C.06, subdivision 1; 204C.08; 204C.12, subdivision 2; 204C.13, subdivision 2; 204C.33, subdivision 1; 204C.35, subdivision 2; 204C.36, subdivisions 3, 4; 204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.10, subdivision 1; 204D.20, subdivision 1; 205.07, by adding a subdivision; 205.075, subdivision 1; 205.13, subdivisions 1, 2; 205.16, subdivisions 2, 3; 205A.05, subdivision 1; 205A.11, subdivision 3; 208.03; proposing coding for new law in Minnesota Statutes, chapters 201; 205A; repealing Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10, subdivision 2; 206.57, subdivision 7; 206.91.

 

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

 

 

      Kalin, Bly, Sailer, Hilty, Jackson, Brynaert, Knuth, Falk, Hortman, Obermueller, Johnson, Davnie, Hornstein, Gardner and Thissen introduced:

 

      H. F. No. 3109, A bill for an act relating to energy; authorizing green energy revenue bonds; permitting local assessments for energy improvements by cities and counties; amending Minnesota Statutes 2008, sections 429.011, by adding subdivisions; 429.021, subdivision 1; 429.031, subdivision 3; Minnesota Statutes 2009 Supplement, sections 429.011, subdivision 2a; 469.153, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 469.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7890

      Severson, Kiffmeyer, Eastlund and Gottwalt introduced:

 

      H. F. No. 3110, A bill for an act relating to elections; changing authorized proofs of residence; eliminating provision permitting vouching for certain voters on election day; providing for provisional ballots; amending Minnesota Statutes 2008, section 201.061, subdivisions 3, 5; proposing coding for new law in Minnesota Statutes, chapter 201.

 

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

 

 

      Winkler, Kiffmeyer, Pelowski, Simon, Brod, Hilty, Morrow and Kalin introduced:

 

      H. F. No. 3111, A bill for an act relating to elections; requiring use of a ballot board to process absentee ballots; permitting absentee ballots to be counted starting on the fourth day prior to an election; modifying other absentee ballot processing procedures; amending Minnesota Statutes 2008, sections 201.061, subdivision 4; 203B.04, subdivision 1; 203B.05, subdivision 1; 203B.07, subdivisions 2, 3; 203B.08, subdivisions 2, 3; 203B.125; 203B.23, subdivisions 1, 2; 203B.24, subdivision 1; 203B.26; 204B.45, subdivision 2; 204C.32, subdivision 1; 204C.33, subdivisions 1, 3; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10, subdivision 3; 206.89, subdivision 2; 208.05; Minnesota Statutes 2009 Supplement, section 204B.46; proposing coding for new law in Minnesota Statutes, chapter 203B; repealing Minnesota Statutes 2008, sections 203B.10; 203B.12, subdivisions 1, 2, 3, 4, 6; 203B.13, subdivisions 1, 2, 3, 4; 203B.25.

 

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

 

 

      Hayden introduced:

 

      H. F. No. 3112, A bill for an act relating to human services; appropriating money to reinstate the emergency general assistance and emergency Minnesota supplemental aid programs.

 

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

 

 

      Hamilton and Magnus introduced:

 

      H. F. No. 3113, A bill for an act relating to veterans; appropriating money to Veterans Affairs for a grant to the Minnesota Assistance Council for Veterans for continued services to Minnesota veterans and their families who are homeless or at risk of being homeless.

 

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

 

 

      Knuth, Wagenius, Scalze, Brynaert and Persell introduced:

 

      H. F. No. 3114, A bill for an act relating to health; amending the criteria used by the department of health to designate a chemical as a "priority chemical"; amending Minnesota Statutes 2009 Supplement, section 116.9403.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7891

      Norton, Dettmer, Garofalo, Tillberry, Zellers, Obermueller, Slocum and Benson introduced:

 

      H. F. No. 3115, A bill for an act relating to education; requiring statewide physical education standards; requiring a report; establishing a healthy kids awards program; amending Minnesota Statutes 2008, section 120B.021, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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

 

 

      Swails, Thissen, Huntley and Zellers introduced:

 

      H. F. No. 3116, A bill for an act relating to health; modifying a hospital construction moratorium; amending Minnesota Statutes 2009 Supplement, section 144.551, subdivision 1.

 

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

 

 

      Morrow introduced:

 

      H. F. No. 3117, A bill for an act relating to transportation; regulating contracts; prohibiting indemnification provisions; proposing coding for new law in Minnesota Statutes, chapter 221.

 

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

 

 

      Doty and Ward introduced:

 

      H. F. No. 3118, A bill for an act relating to natural resources; designating the Camp Ripley Veterans Trail as a state trail in Cass, Crow Wing, and Morrison Counties; amending Minnesota Statutes 2008, section 85.015, by adding a subdivision.

 

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

 

 

      Mullery introduced:

 

      H. F. No. 3119, A bill for an act relating to workforce training; appropriating money to the Minority Workforce Collaborative.

 

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

 

 

      Bly, Mariani, Eken, Marquart and Greiling introduced:

 

      H. F. No. 3120, A bill for an act relating to education; creating efficiency plus access task forces; appropriating money; 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.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7892

      Davnie, Scalze, Lanning, Hoppe, Hilstrom, Simon and Hornstein introduced:

 

      H. F. No. 3121, A bill for an act relating to liquor; expanding the conditions under which penalties may be assessed against alcohol license holders; increasing maximum penalties; amending Minnesota Statutes 2008, section 340A.415.

 

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

 

 

      Juhnke introduced:

 

      H. F. No. 3122, A bill for an act relating to commerce; providing for the licensing and regulation of appraisal management companies; proposing coding for new law as Minnesota Statutes, chapter 82C.

 

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

 

 

      Morgan, Greiling, Ward and Morrow introduced:

 

      H. F. No. 3123, A bill for an act relating to education finance; making the K-12 special education third-party billing process more cost effective; amending Minnesota Statutes 2008, section 125A.21, subdivision 2; Minnesota Statutes 2009 Supplement, section 256B.0625, subdivision 26; Laws 2009, chapter 79, article 5, section 60.

 

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

 

 

      Dill introduced:

 

      H. F. No. 3124, A bill for an act relating to game and fish; modifying aquaculture provisions; modifying provisions for taking, possessing, and transporting wild animals; modifying requirements for fish and wildlife management plans; modifying game and fish license provisions; amending Minnesota Statutes 2008, sections 17.4982, subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994; 84.942, subdivision 1; 84D.03, subdivision 3; 97A.015, subdivision 52, by adding a subdivision; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.421, subdivision 4a; 97A.433, by adding a subdivision; 97A.435, subdivision 1; 97A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.075; 97B.106, subdivision 1; 97B.515, by adding a subdivision; 97B.803; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341; Minnesota Statutes 2009 Supplement, sections 84.95, subdivision 2; 97A.445, subdivision 1a; 97B.055, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97B.022, subdivision 1.

 

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

 

 

      Hilty and Westrom introduced:

 

      H. F. No. 3125, A bill for an act relating to utilities; regulating the granting of route permits for high-voltage transmission lines; amending Minnesota Statutes 2008, section 216E.03, by adding a subdivision.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7893

      Cornish and Dill introduced:

 

      H. F. No. 3126, A bill for an act relating to game and fish; removing deer, moose, and elk stand height restrictions; amending Minnesota Statutes 2008, section 97B.325; repealing Minnesota Statutes 2008, sections 97B.511; 97B.515, subdivision 3.

 

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

 

 

      Davnie, Obermueller, Murdock and Gunther introduced:

 

      H. F. No. 3127, A bill for an act relating to unemployment insurance; modifying administrative, benefit, and tax provisions; amending Minnesota Statutes 2008, sections 268.051, subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivision 9; Minnesota Statutes 2009 Supplement, sections 268.052, subdivision 2; 268.053, subdivision 1; 268.085, subdivision 1; 268.136, subdivision 1.

 

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

 

 

      Hilstrom introduced:

 

      H. F. No. 3128, A bill for an act relating to probate; clarifying the powers of health care agents, guardians, and others to make health care decisions for wards and protected persons; modifying provisions governing guardians and conservators; amending Minnesota Statutes 2008, sections 145C.09, subdivision 3; 524.5-303; 524.5-403; 525A.09; Minnesota Statutes 2009 Supplement, sections 524.5-120; 524.5-304; 524.5-309; 524.5-310; 524.5-315; 524.5-316; 524.5-406; 524.5-420.

 

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

 

 

      Torkelson; Urdahl; Murdock; Garofalo; Anderson, P.; Loon; McFarlane; Hamilton; Kelly and Magnus introduced:

 

      H. F. No. 3129, A bill for an act relating to education; repealing reporting requirements for career and technical levy; repealing Minnesota Statutes 2008, section 124D.4531, subdivision 4.

 

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

 

 

      Lesch, Bigham, Loon and Hilstrom introduced:

 

      H. F. No. 3130, A bill for an act relating to public safety; authorizing fire departments to access criminal history data on current employees; amending Minnesota Statutes 2008, section 299F.035.

 

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

 

 

      Mullery introduced:

 

      H. F. No. 3131, A bill for an act relating to corrections; adopting the Interstate Compact for Juveniles; proposing coding for new law in Minnesota Statutes, chapter 260.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7894

      Mullery introduced:

 

      H. F. No. 3132, A bill for an act relating to civil actions; awarding fees and expenses to prevailing parties in certain actions involving municipalities; proposing coding for new law in Minnesota Statutes, chapter 471.

 

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

 

 

      Hornstein, Clark, Kelliher, Loeffler and Sertich introduced:

 

      H. F. No. 3133, A bill for an act relating to employment; providing for workers' compensation benefits for domestic partners; including domestic partners of military members in employee leave requirements; providing for payment of wages due a deceased employee to a surviving domestic partner; amending Minnesota Statutes 2008, sections 176.011, subdivision 11a, by adding a subdivision; 176.031; 176.041, subdivision 1a; 176.051, subdivision 1; 176.102, subdivision 1a; 176.111, subdivisions 1, 6, 7, 8, 9a, 10, 14, 15, 21; 176.191, subdivision 4; 181.58; 181.947, subdivision 1; 181.948, subdivision 1; Minnesota Statutes 2009 Supplement, section 176.041, subdivision 1.

 

      The bill was read for the first time and referred to the Higher Education and Workforce Development Finance and Policy Division.

 

 

      Hornstein, Kelliher, Thao, Clark and Sertich introduced:

 

      H. F. No. 3134, A bill for an act relating to probate; establishing probate and intestate rights for domestic partners; amending Minnesota Statutes 2008, sections 524.1-201; 524.2-101; 524.2-102; 524.2-103; 524.2-201; 524.2-213; 524.2-301; 524.2-402; 524.2-403; 524.2-404; 524.2-405; 524.2-803; 524.2-804; 524.3-301; 524.3-403; 524.3-703; 524.3-706; 524.3-715; 524.3-901; 524.3-906; 524.3-1203, subdivisions 1, 3; Minnesota Statutes 2009 Supplement, section 524.3-1203, subdivision 5.

 

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

 

 

      Simon, Kelliher, Hornstein, Thao and Sertich introduced:

 

      H. F. No. 3135, A bill for an act relating to judicial proceedings; providing for wrongful death actions by domestic partners; establishing a witness privilege and crime victim rights for domestic partners; amending Minnesota Statutes 2008, sections 3.736, subdivision 6; 466.05, subdivision 2; 573.02, subdivisions 1, 3; 595.02, subdivision 1; 611A.01; 611A.036, subdivision 2; 611A.52, subdivision 8.

 

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

 

 

      Rukavina introduced:

 

      H. F. No. 3136, A bill for an act relating to child support; requiring funds to be applied to arrears; amending Minnesota Statutes 2008, section 518A.61.

 

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


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7895

      Mullery introduced:

 

      H. F. No. 3137, A bill for an act relating to public safety; requiring chemical use screen of juvenile offenders; amending Minnesota Statutes 2008, sections 260B.157, subdivision 1; 260B.176, subdivision 2.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

      I hereby announce that the Senate has acceded to the request of the House for the return of H. F. No. 927, as amended by the Senate, for further consideration.

 

      H. F. No. 927, A bill for an act  relating to labor and industry; modifying construction codes and licensing; exempting certain municipal building ordinances; requiring rulemaking; amending Minnesota Statutes 2008, sections 326B.082, subdivision 12; 326B.084; 326B.121, by adding a subdivision; 326B.43, subdivision 1, by adding a subdivision; 326B.435, subdivisions 2, 6; 326B.475, subdivisions 1, 6; 326B.52; 326B.53; 326B.55; 326B.57; 326B.58; 326B.59; 326B.801; 326B.84; 326B.921, subdivision 1; 326B.974; proposing coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2008, section 326B.43, subdivision 5.

 

      H. F. No. 927 is herewith returned to the House.

 

Colleen J. Pacheco, First Assistant Secretary of the Senate

 

 

RECONSIDERATION

 

      Mahoney moved that the vote whereby the House refused to concur in the Senate amendments to H. F. No. 927 and that the Speaker appoint a Conference Committee of 3 members on Monday, May 18, 2009, be now reconsidered.  The motion prevailed.

 

 

      There being no objection, the motion to refuse to concur was withdrawn.

 

 

CONCURRENCE AND REPASSAGE

 

      Mahoney moved that the House concur in the Senate amendments to H. F. No. 927 and that the bill be repassed as amended by the Senate.

 

 

      The Speaker called Pelowski to the Chair.

 

 

      Gottwalt moved that the House refuse to concur in the Senate amendments to H. F. No. 927, that the Speaker appoint a Conference Committee of 3 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.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7896

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Gottwalt motion and the roll was called.  There were 47 yeas and 85 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Emmer

Garofalo

Gottwalt

Hackbarth

Hamilton

Holberg

Hoppe

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Olin

Otremba

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail.

 

 

      The question recurred on the Mahoney motion that the House concur in the Senate amendments to H. F. No. 927 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

      H. F. No. 927, A bill for an act relating to labor and industry; modifying construction codes and licensing; requiring rulemaking; amending Minnesota Statutes 2008, sections 326B.082, subdivision 12; 326B.084; 326B.121, by adding a subdivision; 326B.43, subdivision 1, by adding a subdivision; 326B.435, subdivisions 2, 6; 326B.475, subdivisions 1, 6; 326B.52; 326B.53; 326B.55; 326B.57; 326B.58; 326B.59; 326B.801; 326B.84; 326B.921, subdivision 1; 326B.974; proposing coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2008, section 326B.43, subdivision 5.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7897

      The question was taken on the repassage of the bill and the roll was called.  There were 82 yeas and 50 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Doty

Eken

Faust

Fritz

Gardner

Greiling

Gunther

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Jackson

Johnson

Juhnke

Kahn

Kalin

Kath

Knuth

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Bunn

Cornish

Davids

Dean

Demmer

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eastlund

Emmer

Falk

Garofalo

Gottwalt

Hackbarth

Hamilton

Holberg

Hoppe

Kelly

Kiffmeyer

Koenen

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Olin

Otremba

Peppin

Ruud

Sanders

Scott

Seifert

Severson

Shimanski

Torkelson

Urdahl

Westrom

Zellers


 

 

      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 Senate Files, herewith transmitted:

 

      S. F. Nos. 2309, 2352, 2253, 2373 and 2475.

 

Peter S. Wattson, Secretary of the Senate (Legislative)

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2309, A bill for an act relating to local government; lengthening probationary period for newly hired peace officers in certain statutory cities; amending Minnesota Statutes 2008, sections 44.01, by adding a subdivision; 44.10, subdivision 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 - 67th Day - Monday, February 22, 2010 - Top of Page 7898

S. F. No. 2352, A bill for an act relating to taxation; accelerating the income tax charitable deduction for relief of Haitian earthquake victims; amending Minnesota Statutes 2009 Supplement, section 290.01, subdivisions 19, 19b.

 

The bill was read for the first time.

 

Lenczewski moved that S. F. No. 2352 and H. F. No. 2763, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2253, A bill for an act relating to capital improvements; repealing moratorium on demolition or removal of the Rock Island Bridge; repealing Laws 2009, chapter 93, article 1, section 45.

 

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

 

 

S. F. No. 2373, A bill for an act relating to veterans; designating September 16 of each year as American Legion Day; proposing coding for new law in Minnesota Statutes, chapter 197.

 

The bill was read for the first time.

 

Ward moved that S. F. No. 2373 and H. F. No. 2538, now on the Consent Calendar, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2475, A bill for an act relating to veterans; designating May 28 as Veterans of Foreign Wars Day; proposing coding for new law in Minnesota Statutes, chapter 197.

 

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

 

 

CONSENT CALENDAR

 

 

      H. F. No. 2908 was reported to the House.

 

 

Sterner moved to amend H. F. No. 2908 as follows:

 

Page 1, line 8, delete "of the 34th Infantry Brigade" and insert "Brigade Combat Team, 34th Infantry Division"

 

Page 1, lines 11 and 18, delete "of the 34th Brigade" and insert "Brigade Combat Team, 34th Infantry Division of the Minnesota National Guard"

 

Page 2, line 6, delete "of the 34th Brigade" and insert "Brigade Combat Team, 34th Infantry Division of the Minnesota National Guard"

 

Amend the title as follows:

 

Page 1, line 2, delete the second "of the"

 

Page 1, line 3, delete "34th" and after "Brigade" insert "Combat Team, 34th Infantry Division"

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7899

      H. F. No. 2908, A resolution urging payment of Federal Respite Leave Benefit for members of the 1st Brigade Combat Team, 34th Infantry Division of the Minnesota National Guard who served in Iraq during the Troop Surge of 2007.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 118 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Anderson, P.

Anderson, S.

Anzelc

Atkins

Beard

Benson

Bigham

Bly

Brod

Brynaert

Bunn

Carlson

Champion

Clark

Cornish

Davids

Davnie

Dean

Demmer

Dettmer

Dill

Dittrich

Doepke

Doty

Downey

Eken

Emmer

Falk

Faust

Fritz

Gardner

Garofalo

Gottwalt

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Haws

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

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

Obermueller

Olin

Otremba

Paymar

Persell

Peterson

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Sanders

Scalze

Scott

Seifert

Sertich

Simon

Slawik

Slocum

Smith

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Torkelson

Urdahl

Wagenius

Ward

Welti

Westrom

Winkler

Zellers

Spk. Kelliher


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      The Speaker resumed the Chair.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Morgan moved that the name of Poppe be added as an author on H. F. No. 365.  The motion prevailed.

 

      Swails moved that the name of Norton be added as an author on H. F. No. 1320.  The motion prevailed.

 

      Laine moved that the name of Champion be added as an author on H. F. No. 2256.  The motion prevailed.

 

      Morrow moved that the name of Brynaert be added as an author on H. F. No. 2427.  The motion prevailed.

 

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

 

      Simon moved that the name of Hilty be added as an author on H. F. No. 2552.  The motion prevailed.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7900

      Hortman moved that the name of Nelson be added as an author on H. F. No. 2553.  The motion prevailed.

 

      Lenczewski moved that the name of Falk be added as an author on H. F. No. 2580.  The motion prevailed.

 

      Juhnke moved that the names of Davids and Magnus be added as authors on H. F. No. 2659.  The motion prevailed.

 

      Torkelson moved that the name of Hamilton be added as an author on H. F. No. 2779.  The motion prevailed.

 

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

 

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

 

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

 

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

 

      Downey moved that the name of Dittrich be added as an author on H. F. No. 2846.  The motion prevailed.

 

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

 

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

 

      Ward moved that his name be stricken as an author on H. F. No. 2867.  The motion prevailed.

 

      Hansen moved that the names of Brynaert and Persell be added as authors on H. F. No. 2882.  The motion prevailed.

 

      Juhnke moved that the names of Davids and Kath be added as authors on H. F. No. 2889.  The motion prevailed.

 

      Atkins moved that the name of Morgan be added as an author on H. F. No. 2902.  The motion prevailed.

 

      Johnson moved that the name of Dittrich be added as an author on H. F. No. 2907.  The motion prevailed.

 

      Davnie moved that the name of Loeffler be added as an author on H. F. No. 2910.  The motion prevailed.

 

      Sterner moved that the name of Lillie be added as an author on H. F. No. 2943.  The motion prevailed.

 

      Atkins moved that the names of Lillie, Johnson, Mahoney, Hansen, Morrow and Fritz be added as authors on H. F. No. 2950.  The motion prevailed.

 

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

 

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

 

      Hilstrom moved that the name of Ward be added as an author on H. F. No. 2990.  The motion prevailed.

 

      Winkler moved that the name of Loeffler be added as an author on H. F. No. 2993.  The motion prevailed.


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      Jackson moved that the name of Loeffler be added as an author on H. F. No. 2998.  The motion prevailed.

 

      Kalin moved that the name of Reinert be added as an author on H. F. No. 3030.  The motion prevailed.

 

      Rukavina moved that the name of Masin be added as an author on H. F. No. 3033.  The motion prevailed.

 

      Gottwalt moved that the name of Urdahl be added as an author on H. F. No. 3036.  The motion prevailed.

 

      Seifert moved that the names of Brown and Dettmer be added as authors on H. F. No. 3041.  The motion prevailed.

 

      Ruud moved that the names of Otremba and Hornstein be added as authors on H. F. No. 3046.  The motion prevailed.

 

      Hortman moved that the name of Nelson be added as an author on H. F. No. 3058.  The motion prevailed.

 

      Hortman moved that the names of Dittrich, Rosenthal and Ruud be added as authors on H. F. No. 3079.  The motion prevailed.

 

      Hayden moved that H. F. No. 3039 be recalled from the Committee on Civil Justice and be re-referred to the Committee on Health Care and Human Services Policy and Oversight.  The motion prevailed.

 

      Atkins moved that S. F. No. 1778 be recalled from the Committee on Rules and Legislative Administration and be re-referred to the Committee on Commerce and Labor.  The motion prevailed.

 

 

      Sertich moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

      Eastlund, Hilstrom and Hoppe were excused for the remainder of today's session.

 

 

      Emmer was excused between the hours of 7:30 p.m. and 8:10 p.m.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON 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,


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7902

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.

 

February 22, 2010

 

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

We, the undersigned conferees for H. F. No. 2700 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendment and that H. F. No. 2700 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  CAPITAL IMPROVEMENT APPROPRIATIONS.

 

The sums shown in the column under "Appropriations" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent for public purposes.  Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire and better public land and buildings and other public improvements of a capital nature, or as authorized by the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or article XIV.  Unless otherwise specified, money appropriated in this act for a capital program or project may be used to pay state agency staff costs that are attributed directly to the capital program or project in accordance with accounting policies adopted by the commissioner of management and budget.  Unless otherwise specified, the appropriations in this act are available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

 

SUMMARY

 

University of Minnesota                                                                                                                                           $100,001,000

 

Minnesota State Colleges and Universities                                                                                                              305,985,000

 

Education                                                                                                                                                                           7,780,000

 

Minnesota State Academies                                                                                                                                           2,500,000

 

Perpich Center for Arts Education                                                                                                                                 1,373,000

 

Natural Resources                                                                                                                                                        129,754,000

 

Pollution Control Agency                                                                                                                                              21,186,000

 

Board of Water and Soil Resources                                                                                                                            27,500,000

 

Zoological Garden                                                                                                                                                          21,000,000


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Administration                                                                                                                                                                11,175,000

 

Amateur Sports Commission                                                                                                                                          8,450,000

 

Military Affairs                                                                                                                                                               11,900,000

 

Public Safety                                                                                                                                                                   14,550,000

 

Transportation                                                                                                                                                              158,727,000

 

Metropolitan Council                                                                                                                                                    79,443,000

 

Health                                                                                                                                                                               15,000,000

 

Human Services                                                                                                                                                                4,125,000

 

Veterans Affairs                                                                                                                                                                4,450,000

 

Corrections                                                                                                                                                                      11,529,000

 

Employment and Economic Development                                                                                                             134,609,000

 

Public Facilities Authority                                                                                                                                             57,000,000

 

Housing Finance Agency                                                                                                                                              10,000,000

 

Minnesota Historical Society                                                                                                                                       13,757,000

 

Bond Sale Expenses                                                                                                                                                         1,101,000

 

Cancellations                                                                                                                                                               (27,562,000)

 

TOTAL                                                                                                                                                                    $1,125,333,000

 

Bond Proceeds Fund (General Fund Debt Service)                                                                                                936,200,000

 

Bond Proceeds Fund (User Financed Debt Service)                                                                                                 88,170,000

 

Maximum Effort School Loan Fund                                                                                                                             5,780,000

 

State Transportation Fund                                                                                                                                           67,000,000

 

Trunk Highway Fund Bond Proceeds Account                                                                                                                                             32,945,000

 

Trunk Highway Fund                                                                                                                                                    22,800,000

 

Bond Proceeds Cancellations                                                                                                                                      (9,062,000)

 

Trunk Highway Bond Proceeds Cancellations                                                                                                       (18,500,000)


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7904

                                                                                                                                                                          APPROPRIATIONS

 

      Sec. 2.  UNIVERSITY OF MINNESOTA

 

      Subdivision 1.  Total Appropriation                                                                                                              $100,001,000

 

To the Board of Regents of the University of Minnesota for the purposes specified in this section.

 

          Subd. 2.  Higher Education Asset Preservation and Replacement (HEAPR)                                                                                                                                  55,000,000

 

To be spent in accordance with Minnesota Statutes, section 135A.046.

 

      Subd. 3.  Twin Cities Campus

 

(a) Folwell Hall                                                                                                                                                              23,000,000

 

To design, renovate, furnish, and equip the interior of Folwell Hall for teaching and research space for College of Liberal Arts programs.

 

(b) Physics and Nanotechnology                                                                                                                                  5,000,000

 

To predesign and design a new building to house the research branch of the physics program and the Center for Nanostructure Applications.  This appropriation is not available until the board of regents has certified to the commissioner of management and budget that the building will not be built within the area impacted by vibration or magnetic resonance caused by light rail transit on Washington Avenue.

 

      Subd. 4.  Duluth Campus

 

American Indian Learning Resource Center                                                                   6,667,000

 

To design, construct, furnish, and equip an American Indian Learning Resource Center.

 

      Subd. 5.  Itasca Biological Station

 

New Biological Station and Lakeside Lab Renovation                                                                                         3,667,000

 

To predesign, design, construct, furnish, and equip a new biological station and renovate the classroom in the historic lakeside laboratory at the University of Minnesota facility in Itasca State Park.

 

      Subd. 6.  Laboratory Renovation                                                                                                                          6,667,000

 

To renovate, furnish, and equip research laboratories on the Crookston, Duluth, Morris, and Twin Cities campuses.


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      Subd. 7.  University Share

 

Except for Higher Education Asset Preservation and Replacement (HEAPR) under subdivision 2, the appropriations in this section are intended to cover approximately two-thirds of the cost of each project.  The remaining costs must be paid from university sources.

 

      Subd. 8.  Unspent Appropriations

 

Upon substantial completion of a project authorized in this section and after written notice to the commissioner of management and budget, the Board of Regents must use any money remaining in the appropriation for that project for HEAPR under Minnesota Statutes, section 135A.046.  The Board of Regents must report by February 1 of each even-numbered year to the chairs of the house of representatives and senate committees with jurisdiction over capital investments and higher education finance, and to the chairs of the house of representatives Ways and Means and Finance Committees and the senate Finance Committee, on how the remaining money has been allocated or spent.

 

          Sec. 3.  MINNESOTA STATE COLLEGES AND UNIVERSITIES

 

      Subdivision 1.  Total Appropriation                                                                                                              $305,985,000

 

To the Board of Trustees of the Minnesota State Colleges and Universities for the purposes specified in this section.

 

          Subd. 2.  Higher Education Asset Preservation and Replacement (HEAPR)                                                                                                                                  52,000,000

 

To be spent in accordance with Minnesota Statutes, section 135A.046.

 

      Subd. 3.  Alexandria Technical College

 

Main Building Renovation and Addition                                                                                                                  4,363,000

 

To design, renovate, furnish, and equip the library, student services, and student commons building and to complete design, construct, furnish, and equip an infill addition to it.

 

      Subd. 4.  Anoka Ramsey Community College, Coon Rapids

 

(a) Fine Arts Building Renovation                                                                                      5,357,000

 

To complete design and to renovate, furnish, and equip the Fine Arts classroom and lab building.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7906

(b) Bioscience and Allied Health Addition                                                                                                              16,484,000

 

To complete design and to construct, furnish, and equip a Bioscience and Allied Health addition and renovation to support Science Technology and Math (STEM) and nursing program initiatives.

 

      Subd. 5.  Dakota County Technical College

 

Transportation and Emerging Technologies Lab                                                                                                  7,230,000

 

To complete design and to renovate, furnish, and equip the transportation and emerging technologies classrooms, laboratories, and related spaces.

 

      Subd. 6.  Hennepin Technical College, Eden Prairie, Brooklyn Park

 

Learning Resource and Student Services Renovation                                                                                         10,566,000

 

To renovate, furnish, and equip existing space at the Brooklyn Park and Eden Prairie campuses for a Library and Learning Resource Center and student services with an addition and new entrances at both campuses.

 

      Subd. 7.  Lake Superior College

 

Health Science Center                                                                                                                                                  12,098,000

 

To construct, furnish, and equip a new Health and Science Center addition and to design renovation of existing spaces.

 

      Subd. 8.  Metropolitan State University

 

Classroom Center                                                                                                                                                            5,860,000

 

To construct, furnish, and equip technology-enhanced classrooms and academic offices located above the power plant building.  This appropriation includes money to demolish the power plant annex to enable the new construction.

 

      Subd. 9.  Minneapolis Community and Technical College

 

Workforce Program Renovation                                                                                                                             12,990,000

 

To complete design and to renovate, furnish, and equip instructional space, support space, and infrastructure for workforce programs.


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      Subd. 10.  Minnesota State Community and Technical College, Moorhead

 

Library and Classroom Addition                                                                                                                                5,448,000

 

To complete design and to construct, furnish, and equip a classroom and library addition, and to demolish obsolete space.

 

      Subd. 11.  Minnesota State University, Mankato

 

Clinical Science Building Design                                                                                                                                 1,908,000

 

To design for construction a Clinical Science Building.

 

      Subd. 12.  Minnesota State University, Moorhead

 

Livingston Lord Library and Information Technology Renovation                                         14,901,000

 

To complete design and to renovate, furnish, and equip Livingston Lord Library.

 

      Subd. 13.  Minnesota West Community and Technical College, Worthington

 

Fieldhouse Renovation                                                                                                                                                   4,641,000

 

To renovate, furnish, and equip the Fieldhouse and construct, furnish, and equip an addition to it.

 

      Subd. 14.  Minnesota West Community and Technical College, Canby

 

Wind Turbine Training Facility                                                                                                                                  3,000,000

 

To acquire land and for preliminary engineering, design to acquire, construct, and install a commercial scale wind turbine for the wind energy technology program.

 

      Subd. 15.  NHED Mesabi Range Community and Technical College, Eveleth

 

Shop Space Addition                                                                                                                                                      5,477,000

 

To construct, furnish, and equip shop space for the industrial mechanical technology and carpentry programs.  This appropriation includes funding for renovation of existing space for Americans with Disabilities Act (ADA) compliance.


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      Subd. 16.  NHED Mesabi Range Community and Technical College, Virginia

 

Iron Range Engineering Program Facilities                                                                                                            3,000,000

 

To predesign, design, construct, furnish, and equip an addition to and renovation of existing space for laboratories, flexible classrooms, and office space for the engineering program on the Virginia campus.

 

      Subd. 17.  Normandale Community College

 

Academic Partnership Center and Student Services                                                                                              1,000,000

 

To design a new building for classrooms and offices and to design renovation of the Student Services Building.

 

      Subd. 18.  North Hennepin Community College

 

(a) Bioscience and Health Careers Center Addition                                                                                             26,581,000

 

To complete design and to construct, furnish, and equip a new building for Bioscience and Health Careers Center laboratory and classroom space.

 

(b) Center for Business and Technology                                                                                                                 14,782,000

 

To construct, furnish, and equip an addition to the Center for Business and Technology and to renovate existing space for classrooms and related space.

 

      Subd. 19.  Ridgewater Community Technical College, Willmar

 

Technical Instruction Renovation                                                                                                                            14,300,000

 

To design, renovate, furnish, and equip classroom and existing instructional lab space and construct an addition for circulation; and to demolish obsolete space.

 

      Subd. 20.  Rochester Community Technical College

 

Workforce Center Colocation                                                                                                                                      8,500,000

 

To complete the design and to construct, furnish, and equip an addition to the Heintz Center at Rochester Community and Technical College and to renovate the heating, ventilating, and air conditioning systems.  The addition will house the Rochester Area Work Force Center.  The board of trustees must consult with the commissioner of employment and economic development on the design of the renovations and addition.  The board must enter into


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7909

a lease agreement with the commissioner of employment and economic development for use of the work force center.  The lease agreement must provide that lease payments made by the commissioner will pay for the college's reasonable costs in support of the work force center.

 

This appropriation is in addition to the appropriation in Laws 2008, chapter 179, section 3, subdivision 23.

 

      Subd. 21.  South Central College, Faribault

 

Classroom Renovation and Addition                                                                                                                       13,360,000

 

To complete design and to construct, furnish, and equip an addition, and to renovate space for classrooms, a learning resource center, related spaces, and laboratories.

 

      Subd. 22.  Southwest Minnesota State University

 

Science Lab Renovation                                                                                                                                                 5,666,000

 

To complete design and to renovate, furnish, and equip the Science and Math building and to construct, furnish, and equip an addition to the Plant Science building.

 

      Subd. 23.  St. Cloud State University

 

Integrated Science and Engineering Laboratory Facility                                                                                 42,334,000

 

To complete design and to construct, furnish, and equip Integrated Science and Engineering Laboratory Facility.

 

      Subd. 24.  St. Cloud Technical College

 

Allied Health Center Renovation                                                                                                                                 5,421,000

 

To complete design and to renovate, furnish, and equip an Allied Health Center.

 

      Subd. 25.  Classroom Initiatives and Demolition                                                                                              3,883,000

 

To design, renovate, furnish, and equip classrooms and academic space and demolish obsolete space at the following campuses:  Central Lakes College, Brainerd; Minnesota State Community Technical College, Wadena and Moorhead; Minnesota West Community Technical College, Pipestone; Northland Community Technical College, Thief River Falls; Pine Technical College, Pine City; and Rochester Community Technical College, Rochester.

 

Campuses may use internal and nonstate money to increase the size of the projects.


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      Subd. 26.  Science, Technology, Engineering, and Math Initiatives                                                                                                                             4,835,000

 

To design, renovate, furnish, and equip science laboratories and classrooms at the following campuses:  Bemidji State University; Century College; Minnesota State Community and Technical College, Moorhead; Minnesota State University, Moorhead; Northeast Higher Education District, Hibbing College, Itasca Community College, and Mesabi Range Eveleth; Northwest Technical College; South Central College, North Mankato.

 

Campuses may use internal and nonstate money to increase the size of the projects.

 

      Subd. 27.  Debt Service

 

(a) Except as provided in paragraph (b), the board shall pay the debt service on one-third of the principal amount of state bonds sold to finance projects authorized by this section.  After each sale of general obligation bonds, the commissioner of management and budget shall notify the board of the amounts assessed for each year for the life of the bonds.

 

(b) The board need not pay debt service on bonds sold to finance higher education asset preservation and replacement.  Where a nonstate match is required, the debt service is due on a principal amount equal to one-third of the total project cost, less the match committed before the bonds are sold.  For the workforce center colocation project at Rochester Community and Technical College, the board shall pay the debt service on $1,079,000 of the principal amount of state bonds sold to finance the project.  The commissioner of employment and economic development shall pay the debt service on $5,262,000 of the principal amount of state bonds sold to finance the project, in the manner provided in Minnesota Statutes, section 16A.643.

 

(c) The commissioner of management and budget shall reduce the board's assessment each year by one-third of the net income from investment of general obligation bond proceeds in proportion to the amount of principal and interest otherwise required to be paid by the board.  The board shall pay its resulting net assessment to the commissioner of management and budget by December 1 each year.  If the board fails to make a payment when due, the commissioner of management and budget shall reduce allotments for appropriations from the general fund otherwise available to the board and apply the amount of the reduction to cover the missed debt service payment.  The commissioner of management and budget shall credit the payments received from the board to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under Minnesota Statutes, section 16A.641, subdivision 10.


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      Subd. 28.  Unspent Appropriations

 

(a) Upon substantial completion of a project authorized in this section and after written notice to the commissioner of management and budget, the board must use any money remaining in the appropriation for that project for higher asset preservation and replacement (HEAPR) under Minnesota Statutes, section 135A.046.  The Board of Trustees must report by February 1 of each even-numbered year to the chairs of the house of representatives and senate committees with jurisdiction over capital investment and higher education finance, and to the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee, on how the remaining money has been allocated or spent.

 

(b) The unspent portion of an appropriation for a project in this section that is complete is available for higher education asset preservation and replacement under this subdivision, at the same campus as the project for which the original appropriation was made and the debt service requirement under subdivision 27 is reduced accordingly.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred.

 

      Sec. 4.  EDUCATION

 

      Subdivision 1.  Total Appropriation                                                                                                                   $7,780,000

 

To the commissioner of education for the purposes specified in this section.

 

      Subd. 2.  Independent School District No. 38, Red Lake                                                                                  5,780,000

 

From the maximum effort school loan fund for a capital loan to Independent School District No. 38, Red Lake, as provided in Minnesota Statutes, sections 126C.60 to 126C.72, to design, construct, furnish, and equip renovation of existing facilities and construction of new facilities.

 

The project paid for with this appropriation includes a portion of the renovation and construction identified in the review and comment performed by the commissioner of education under the capital loan provisions of Minnesota Statutes, section 126C.69.  This portion includes renovation and construction of a single kitchen and cafeteria to serve the high school and middle school, a receiving area and dock and adjacent drives, utilities, and grading.

 

Before any capital loan contract is approved under this authorization, the district must provide documentation acceptable to the commissioner on how the capital loan will be used.  If any portion of the appropriation remains after completion of the


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7912

identified project components, the district may, with the commissioner's approval, use the money for other items identified in the review and comment submission.

 

      Subd. 3.  Library Accessibility and Improvement Grants                                                                              2,000,000

 

For library accessibility and improvement grants under Minnesota Statutes, section 134.45.

 

      Sec. 5.  MINNESOTA STATE ACADEMIES

 

      Subdivision 1.  Total Appropriation                                                                                                                   $2,500,000

 

To the commissioner of administration for the purposes specified in this section.

 

      Subd. 2.  Asset Preservation                                                                                                                                    2,000,000

 

For asset preservation on both campuses of the academies, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

      Subd. 3.  Independent Living Housing                                                                                                                     500,000

 

To predesign, design, construct, furnish, and equip independent living housing on the Academy for the Blind campus.  The project will be conducted in collaboration with the carpentry class of South Central College of Faribault and provide housing for students 18 to 21 years of age in the nontraditional student component of the Academy Plus Transition program.

 

      Sec. 6.  PERPICH CENTER FOR ARTS EDUCATION

 

      Subdivision 1.  Total Appropriation                                                                                                                   $1,373,000

 

To the commissioner of administration for the purposes specified in this section.

 

      Subd. 2.  Alpha Building Demolition                                                                                                                       755,000

 

To demolish the Alpha Building.

 

      Subd. 3.  Delta Dorm Windows                                                                                                                                  489,000

 

To install new windows in the Delta Dormitory, completing the building's renovations.

 

      Subd. 4.  Storage Building                                                                                                                                          129,000

 

To construct a storage building on the site of the demolished Alpha Building.


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      Sec. 7.  NATURAL RESOURCES

 

      Subdivision 1.  Total Appropriation                                                                                                              $129,754,000

 

To the commissioner of natural resources for the purposes specified in this section.

 

The appropriations in this section are subject to the requirements of the natural resources capital improvement program under Minnesota Statutes, section 86A.12, unless this section or the statutes referred to in this section provide more specific standards, criteria, or priorities for projects than Minnesota Statutes, section 86A.12.

 

      Subd. 2.  Natural Resources Asset Preservation                                                                                                1,000,000

 

For the renovation of state-owned facilities and recreational assets operated by the commissioner of natural resources that can be substantially completed within 12 months after the effective date of this section, to be spent in accordance with Minnesota Statutes, section 84.946.  The commissioner may use this appropriation to replace buildings if, considering the embedded energy in the building, that is the most energy-efficient and carbon-reducing method of renovation.

 

      Subd. 3.  Flood Hazard Mitigation Grants                                                                                                       63,500,000

 

(a) For the state share of flood hazard mitigation grants for publicly owned capital improvements to prevent or alleviate flood damage under Minnesota Statutes, section 103F.161.

 

(b) The commissioner shall determine project priorities as appropriate, based on need.

 

(c) This appropriation includes money for the following county and municipal projects:  Ada, Afton, Austin, Borup, Breckenridge, Clay County, Climax, Crookston, Felton, Georgetown, Granite Falls, Halstad, Hendrum, Inver Grove Heights, Montevideo, Moorhead, Nielsville, Oakport Township, Oslo, Perley, Roseau, Rushford, and Shelly.

 

(d) This appropriation includes money for the following watershed district projects:  Brandt Angus, Middle-Snake-Tamarac Rivers Watershed District; Fountain Lake, Shell Rock River Watershed District; Grand Marais Creek, Red Lake Watershed District; Hay Creek-Norland, Roseau Watershed District; Manston Slough, Buffalo-Red River Watershed District; North Ottawa, Bois de Sioux Watershed District; Red Path, Bois de Sioux Watershed District; Springbrook, Two Rivers Watershed District; Thief River Falls, County Ditch No. 1, Red Lake Watershed District; Upper Becker Dams, Wild Rice Watershed District; and Upper South Branch, Buffalo-Red River Watershed District.


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(e) The commissioner may spend money and make grants for land acquisition, predesign, design, and engineering for the Fargo-Moorhead metropolitan diversion project proposed by the United States Army Corps of Engineers, but must not spend money or make grants for construction of the diversion channel until an implementation plan for mitigation of downstream impacts has been developed, or April 1, 2012, whichever occurs first.  The mitigation plan must ensure that the project will not make downstream flooding worse than it would have been without the project.

 

(f) For any project listed in this subdivision that the commissioner determines is not ready to proceed or does not expend all the money allocated to it, the commissioner may allocate that project's money to a project on the commissioner's priority list.

 

(g) To the extent that the cost of a project exceeds two percent of the median household income in the local governmental unit multiplied by the number of households in the local governmental unit, this appropriation is also for the local share of the project.

 

(h) For the purpose of determining any local match required for the Moorhead project and other Red River flood hazard mitigation projects, the projects include all bondable flood hazard mitigation activities occurring under Department of Natural Resources flood hazard mitigation grants after April 2009 and bondable flood hazard mitigation projects resulting from the United States Army Corps of Engineers Fargo-Moorhead Metropolitan Feasibility Study.

 

(i) The commissioner shall report quarterly to the chairs of the senate and house of representatives committees on finance, ways and means, and capital investment, and to the chairs of the senate and house of representatives committees and divisions with jurisdiction over natural resources policy and budget on the previous quarter's expenditure of the appropriation in this subdivision.

 

      Subd. 4.  Groundwater Monitoring and Observation Wells                                                                           1,000,000

 

To install new publicly owned groundwater level observation wells to monitor the Mount Simon aquifer and assess groundwater for water supply planning in the south and central regions of the state.  This appropriation may also be used to seal existing obsolete monitoring wells in the Mount Simon aquifer that are no longer functional.

 

      Subd. 5.  Dam Renovation and Removal                                                                                                             4,750,000

 

To renovate or remove publicly owned dams.  The commissioner shall determine project priorities as appropriate under Minnesota Statutes, sections 103G.511 and 103G.515.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7915

This appropriation includes money for the following projects:

 

(a) Byllesby Dam, Dakota and Goodhue Counties

 

(b) Champlin Mill Pond Dam, Hennepin County

 

(c) Clayton Lake Dam, Pine County

 

(d) Drayton Dam, Kittson County

 

(e) Hallock Dam, Kittson County

 

(f) Lake Bronson Dam, Kittson County

 

(g) Lanesboro Dam, Fillmore County

 

(h) Milaca Dam, Mille Lacs County

 

(i) Montevideo Dam, Chippewa County

 

(j) Pike River Dam, St. Louis County

 

(k) $750,000 is for a grant to the Three Rivers Park District to renovate the Coon Rapids Dam.  This appropriation is not available until the commissioner determines that an amount sufficient to complete the project is committed to the project.

 

Notwithstanding Minnesota Statutes, section 16A.69, subdivision 2, upon the award of final contracts for the completion of a project listed in this subdivision, the commissioner may transfer the unencumbered balance in the project account to any other dam renovation or removal project on the commissioner's priority list.

 

      Subd. 6.  Wildlife and Aquatic Management Area Land Acquisition and Improvement                                                                                                                                             1,000,000

 

To acquire land in fee for wildlife management area and aquatic management area purposes and for improvements of a capital nature to develop, protect, or improve habitat and facilities on wildlife management areas under Minnesota Statutes, section 86A.05, subdivisions 8 and 14.

 

      Subd. 7.  RIM Critical Habitat Match                                                                                                                  3,000,000

 

To provide the state match for the critical habitat private sector matching account under Minnesota Statutes, section 84.943.  This appropriation must be used only to acquire fee title.

 

      Subd. 8.  Scientific and Natural Area Acquisition and Development                                                                                                                           4,500,000

 

To acquire in fee the Hastings Sand Coulee in Dakota County, and other lands identified by the commissioner as targeted sites for potential acquisition for scientific and natural areas under


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7916

Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5, and for protection and improvements of a capital nature in scientific and natural areas.  Not less than five percent of this appropriation is for restoration.

 

      Subd. 9.  Forests for the Future                                                                                                                                 500,000

 

To acquire conservation easements as described under Minnesota Statutes, chapter 84C, on private forest lands and within Forest Legacy Areas established under United States Code, title 16, section 2103c.  The conservation easements must guarantee public access, including hunting and fishing.

 

      Subd. 10.  State Forest Land Reforestation                                                                                                        3,000,000

 

To increase reforestation activities to meet the reforestation requirements of Minnesota Statutes, section 89.002, subdivision 2, including planting, seeding, site preparation, and purchasing native seeds and native seedlings; and for timber stand improvement.

 

      Subd. 11.  Forest Roads and Bridges                                                                                                                    1,000,000

 

For reconstruction, resurfacing, replacement, and construction of state forest roads and bridges under Minnesota Statutes, section 89.002.

 

      Subd. 12.  Shade Tree Program                                                                                                                             3,000,000

 

For grants to cities, counties, townships, and park and recreation boards in cities of the first class for the planting of publicly owned shade trees on public land to provide environmental benefits; replace trees lost to forest pests, disease or storm; or to establish a more diverse community forest better able to withstand disease and forest pests.  The commissioner must give priority to grant requests to remove and replace trees with active infestations of emerald ash borer.  For purposes of this appropriation, "shade tree" means a woody perennial grown primarily for aesthetic or environmental purposes with minimal to residual timber value and no intent to harvest the tree for its wood.  Any tree planted with funding under this subdivision must be a species native to Minnesota.

 

      Subd. 13.  State Park Rehabilitation                                                                                                                     5,659,000

 

For rehabilitation projects within state parks established under Minnesota Statutes, section 85.012, as identified in the January 20, 2010, list of projects titled "State Park Development Projects - 12 month completion possible," including:  at the Soudan Underground Mine, water treatment system and lab building, and new discharge pipeline; at Minneopa, safety improvements to the historic pedestrian bridge; at Itasca, repaving the wilderness drive and improvements to the beach area amphitheater; at Fort Ridgely,


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7917

office consolidation into the historic museum building; at Whitewater and Mille Lacs Kathio, new RV sanitary dump stations; at Lake Maria, road paving and rehabilitation; and at all parks, campground electrical upgrades.  Up to one percent of this appropriation may be used for project predesign for next funding cycle.  Most of the appropriation in this subdivision must be spent within 12 months after the effective date of this section.

 

      Subd. 14.  State Park and Recreation Area Acquisition                                                                                  2,150,000

 

To acquire from willing sellers private lands for the following state parks established under Minnesota Statutes, section 85.012: land within William O'Brien State Park and land near Split Rock Lighthouse State Park that provides a view of the lighthouse; and land within Cuyuna Country State Recreation Area, established under Minnesota Statutes, section 85.013.

 

      Subd. 15.  State Park and Recreation Area Development

 

For projects within state parks established under Minnesota Statutes, section 85.012, and state recreation areas established under Minnesota Statutes, section 85.013.

 

This appropriation includes money for the following projects:

 

(a) Cuyuna Country State Recreation Area                                                                                                              1,250,000

 

(b) Glendalough State Park                                                                                                                                              350,000

 

To develop a trail within Glendalough State Park.

 

      Subd. 16.  State Trail Rehabilitation                                                                                                                    5,000,000

 

(a) To renovate state trails established under Minnesota Statutes, section 85.015, according to the commissioner's priorities and as provided in Minnesota Statutes, section 84.946.  Most of the appropriation in this subdivision must be spent within 12 months after the effective date of this section.  This appropriation is for the following trails:

 

(1) Gateway Trail;

 

(2) Luce Line Trail;

 

(3) Munger Trail;

 

(4) Paul Bunyan Trail; and

 

(5) Root River Trail.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7918

For any project listed in this subdivision that the commissioner determines is not ready to proceed, the commissioner may allocate that project's money to another state trail project.  The chairs of the house of representatives and senate committees with jurisdiction over environment and natural resources and legislators from the affected legislative districts must be notified of any changes.

 

(b) This appropriation may also be used to renovate the Alborn-Pengilly Railroad ATV Trail.

 

      Subd. 17.  State Trail Acquisition and Development                                                                                      21,423,000

 

To acquire land for and to construct and renovate state trails under Minnesota Statutes, section 85.015.

 

Up to $1,000,000 is for the Blazing Star Trail.

 

Up to $1,000,000 is for the Browns Creek Trail.

 

Up to $2,000,000 is for the Casey Jones Trail.

 

Up to $2,000,000 is to design, acquire land for, and develop the Camp Ripley/Veterans State Trail, established in new Minnesota Statutes, section 85.015, subdivision 28, in conjunction with the United States Department of Defense and the Minnesota Department of Transportation.

 

Up to $1,000,000 is for the Cuyuna Lakes Trail.

 

Up to $2,000,000 is for the Gateway Trail.

 

Up to $1,000,000 is for the Gitchi-Gami Trail.

 

Up to $2,000,000 is to acquire and develop a five-mile bituminous extension of the Glacial Lakes State Trail in the city of New London to Sibley State Park, in the CSAH 40 corridor, for bicycle and pedestrian use.

 

Up to $1,300,000 is to acquire and develop the segment of the Goodhue Pioneer Trail between the cities of Zumbrota and Goodhue.

 

Up to $1,500,000 is for the Heartland Trail extension.

 

Up to $2,373,000 is for paving the Luce Line Trail and developing a parallel horse trail between the city of Winsted and city of Cedar Mills.  The trail between the city of Winsted and city of Cedar Mills must be available for multiple uses, including hiking, biking, horseback riding, snowmobiling, cross-country skiing, and inline skating.  Notwithstanding Minnesota Statutes, section 84.8712, subdivision 1, snowmobiles with metal traction devices may be


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7919

used on the portion of the Luce Line Trail paved with this appropriation.  The commissioner of natural resources shall ensure that all drainage tile passing under the Luce Line Trail can be maintained and provide for adequate crossing locations for farmers with construction standards that allow for large machinery to cross the trail.

 

Up to $550,000 is for the Mill Towns Trail.

 

Up to $400,000 is for the Minnesota River Trail.

 

Up to $1,800,000 is for the Paul Bunyan Trail.

 

Up to $1,500,000 is for the Shooting Star Trail.

 

For any project listed in this subdivision that the commissioner determines is not ready to proceed, the commissioner may allocate that project's money to another state trail project.  The chairs of the house of representatives and senate committees with jurisdiction over environment and natural resources and legislators from the affected legislative districts must be notified of any changes.

 

      Subd. 18.  Regional Trails                                                                                                                                          500,000

 

For matching grants under Minnesota Statutes, section 85.019, subdivision 4b.

 

For a grant to Aitkin County to acquire land for and to construct segments of the Northwoods Regional All-Terrain Vehicle Trail.

 

      Subd. 19.  Trail Connections                                                                                                                                   4,792,000

 

For matching grants under Minnesota Statutes, section 85.019, subdivision 4c.

 

$55,000 is for a grant to Carlton County to make safety improvements on the Soo Line Trail in Moose Lake, including restoring decking, railings, and approaches of the trestles on the trail.

 

$1,500,000 is for a grant to Dakota County to construct a bridge over the Cannon River and develop a trail to connect Lake Byllesby Regional Park to the Mill Towns State Trail.

 

$512,000 is for a grant to the city of Granite Falls to renovate the Roebling suspension pedestrian bridge over the Minnesota River in Granite Falls.

 

$175,000 is for a grant to the city of Hibbing to acquire land, predesign, design, construct, and resurface the Carey Lake Bike Trail which follows 25th Street (Dupont Road) east to the Carey Lake Park in Hibbing, St. Louis County.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7920

$1,000,000 is for a grant to the city of Rochester to acquire the DM&E Pine Island spur right-of-way to connect to the Douglas State Trail.

 

$800,000 is for a grant to the Rocori Trail Board to acquire, design, and construct phase 1 of the Rocori Trail, from Richmond to the east side of the Sauk River into Cold Spring, connecting the Glacial Lakes State Trail to the Beaver Island Trail and Lake Wobegon Trail.

 

$250,000 is for a grant to Stearns County to develop the 26-mile Dairyland Trail connecting to the Lake Wobegon Trail.

 

$500,000 is for a grant to the city of Walker for phases 2 and 3 of the Shingobee Trail Connection to the Paul Bunyan State Trail.

 

For any project listed in this subdivision that the commissioner determines is not ready to proceed, the commissioner may allocate that project's money to another trail connection project in this subdivision.  The chairs of the house of representatives and senate committees with jurisdiction over the environment and natural resources and legislators from the affected legislative districts must be notified of any changes.

 

      Subd. 20.  St. Mathias Trail Paving - Fort Ripley                                                                                                   50,000

 

For a grant to the city of Fort Ripley to pave a trail in St. Mathias Park.

 

      Subd. 21.  Rum River Buffer and Bridge Replacement                                                                                      130,000

 

For a grant to the city of Milaca to demolish and remove the pedestrian bridge over the Rum River between Rec Park and Forest Hill cemetery in the city of Milaca, and to design, engineer, construct, and install a new accessible pedestrian bridge in the same location.  The project must remove the pillars in the river and the new bridge must not have pillars in the river.  This appropriation is not available until the city has agreed to develop a 100-foot-wide permanent buffer on the east side of the river that will protect the river where currently there is no appropriate buffer.

 

      Subd. 22.  Fort Snelling Upper Bluff                                                                                                                    1,200,000

 

For a grant to Hennepin County to conduct emergency building stabilization at Fort Snelling Upper Bluff.  This appropriation is not available until the commissioner of management and budget has determined that Hennepin County has entered into appropriate agreements to use Sentence to Serve labor for the project that will train the Sentence to Serve laborers in the skills needed for the work.


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      Subd. 23.  Lake Superior Campground Expansion                                                                                          1,000,000

 

For a grant to the city of Two Harbors to design and construct an expansion of the Burlington Bay Campground.

 

      Subd. 24.  Unspent Appropriations

 

The unspent portion of an appropriation, but not to exceed ten percent of the appropriation, for a project in this section that is complete, other than an appropriation for flood hazard mitigation, is available for asset preservation under Minnesota Statutes, section 84.946.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred for asset preservation.

 

      Sec. 8.  POLLUTION CONTROL AGENCY

 

      Subdivision 1.  Total Appropriation                                                                                                                 $21,186,000

 

To the Pollution Control Agency for the purposes specified in this section.

 

      Subd. 2.  Closed Landfill Cleanup                                                                                                                         8,700,000

 

To design and construct remedial systems and acquire land at landfills throughout the state in accordance with the closed landfill program under Minnesota Statutes, sections 115B.39 to 115B.42.  The agency must follow the agency priorities.  Entities administering projects undertaken with funds in this subdivision must conform to occupational safety and health standards under federal law and Minnesota Statutes, chapter 182, and report to the legislature any violations.

 

      Subd. 3.  Capital Assistance Program                                                                                                                12,486,000

 

For the solid waste capital assistance grants program under Minnesota Statutes, section 115A.54, except that the $2,000,000 limit on the total amount of the grant is waived for these projects.

 

(1) $500,000 is for a grant to Becker County to design and construct a waste transfer facility.  This amount includes 75 percent of the cost of the transfer station and 50 percent of the cost of the material recovery facility.  The counties using this facility must agree to achieve a 60 percent recycling rate and an organics recovery rate of 15 percent by 2025.  This grant is not available until the agency determines that an amount sufficient to complete the project is committed to it from nonstate sources.

 

(2) $5,075,000 is for a grant to the city of Perham in Otter Tail County to design, construct, furnish, and equip a material recovery facility at the Perham Resource Recovery Facility.  The counties using this facility must agree to achieve a 60 percent recycling rate and an organics recovery rate of 15 percent by 2025.


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(3) $5,000,000 is for a grant to the Pope/Douglas Solid Waste Joint Powers Board to design, construct, furnish, and equip the expansion of the Pope/Douglas waste-to-energy facility located in Alexandria.  The counties using this facility must agree to achieve a 60 percent recycling rate and an organics recovery rate of 15 percent by 2025.

 

(4) $1,911,000 is for a grant to Redwood County under the solid waste capital assistance grants program in Minnesota Statutes, section 115A.54, to predesign, design, construct, furnish, and equip the Redwood County Materials Recovery Facility in order to allow processing of recyclables from other counties.  The counties using this facility must agree to achieve a 60 percent recycling rate and an organics recovery rate of 15 percent by 2025.  This grant is not available until the agency determines that an amount sufficient to complete the project is committed to it from nonstate sources.

 

      Sec. 9.  BOARD OF WATER AND SOIL RESOURCES

 

      Subdivision 1.  Total Appropriation                                                                                                                 $27,500,000

 

To the Board of Water and Soil Resources for the purposes specified in this section.

 

      Subd. 2.  RIM Conservation Reserve                                                                                                                 25,000,000

 

(a) To acquire conservation easements from landowners to preserve, restore, create, and enhance wetlands; restore and enhance rivers and streams, riparian lands, and associated uplands in order to protect soil and water quality; support fish and wildlife habitat; reduce flood damage; and provide other public benefits.  The provisions of Minnesota Statutes, section 103F.515, apply to this appropriation, except that the board may establish alternative payment rates for easements and practices to establish restored native prairies, as defined in Minnesota Statutes, section 84.02, subdivision 7, and to protect uplands.  Of this appropriation, up to ten percent may be used to implement the program.

 

The board may give priority to the area designated for relief and recovery from the flooding that occurred on or after August 18, 2007, in the area of southeast Minnesota designated under Presidential Declaration of Major Disaster DR-1717.

 

At least $2,000,000 of this amount is available for use by the Cedar River and Turtle Creek Watershed Districts in Freeborn, Mower, Dodge, and Steele Counties to restore wetlands and reduce flooding in the Austin area.

 

Up to $8,000,000 of this amount is available for use in Minnesota counties in the Red River Basin to restore wetlands and reduce flooding.


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Up to $500,000 is for use in the Rum River watershed.

 

Up to $2,000,000 is for use in Area II.

 

$7,500,000 is for use in the seven-county metropolitan area.

 

(b) The board is authorized to enter into new agreements and amend past agreements with landowners as required by Minnesota Statutes, section 103F.515, subdivision 5, to allow for restoration, including overseeding and harvesting of native prairie vegetation for use for energy production in a manner that does not devalue the natural habitat, water quality benefits, or carbon sequestration functions of the area enrolled in the easement.  This shall occur after seed production and minimize impacts on wildlife.  Of this appropriation, up to five percent may be used for restoration, including overseeding.  The board must submit to the legislative committees with jurisdiction over environment finance and capital investment an interim report on this program by October 1, 2010, and a final report by February 1, 2011.

 

      Subd. 3.  Wetland Replacement Due to Public Road Projects                                                                        2,500,000

 

To acquire land for wetland restoration or preservation to replace wetlands drained or filled as a result of the repair or reconstruction, replacement, or rehabilitation of existing public roads as required by Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (l) and (m).  The board shall give priority consideration to establishing wetland credits in the seven-county metropolitan area in partnership with the Minneapolis Park and Recreation Board and the sculpture garden project.

 

The provisions of Minnesota Statutes, section 103F.515, apply to this appropriation, except that the board may establish alternative payment rates for easements and practices to establish restored native prairies, as defined in Minnesota Statutes, section 84.02, subdivision 7, and to protect uplands.

 

The purchase price paid for acquisition of land, fee, or perpetual easement must be the fair market value as determined by the board.  The board may enter into agreements with the federal government, other state agencies, political subdivisions, and nonprofit organizations or fee owners to acquire land and restore and create wetlands and to acquire existing wetland banking credits.  Acquisition of or the conveyance of land may be in the name of the political subdivision.

 

      Sec. 10.  MINNESOTA ZOOLOGICAL GARDEN

 

      Subdivision 1.  Total Appropriation                                                                                                                 $21,000,000

 

To the Minnesota Zoological Garden Board for the purposes specified in this section.


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      Subd. 2.  Asset Preservation and Improvement                                                                                                 6,000,000

 

For capital asset preservation improvements and betterments to infrastructure and exhibits at the Minnesota Zoo, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

      Subd. 3.  Master Plan                                                                                                                                             15,000,000

 

To design, construct, furnish, and equip phase 1 of the Heart of the Zoo entry, Visitor Center, and Environmental Education Center.

 

This appropriation is not available until the city of St. Paul certifies to the commissioner of management and budget that it has sufficient financing to complete phase 2 renovation of exhibits at the Como Zoo.

 

      Sec. 11.  ADMINISTRATION

 

      Subdivision 1.  Total Appropriation                                                                                                                 $11,175,000

 

To the commissioner of administration for the purposes specified in this section.

 

      Subd. 2.  Capital Asset Preservation and Replacement Account (CAPRA)                                                                                                                 2,000,000

 

To be spent in accordance with Minnesota Statutes, section 16A.632.

 

      Subd. 3.  Asset Preservation                                                                                                                                    8,075,000

 

For asset preservation projects in properties managed by the commissioner.  This appropriation must be spent in accordance with Minnesota Statutes, section 16B.307.

 

$1,250,000 is to design, renovate, furnish, and equip phase 1 of Capitol campus security upgrades.

 

$75,000 is to predesign renovation of the Governor's residence on Summit Avenue in St. Paul.

 

      Subd. 4.  Cooperative Local Facilities Grants                                                                                                   1,000,000

 

For grants to counties, cities, towns, and school districts to construct or renovate cooperative local facilities under new Minnesota Statutes, section 16B.355.

 

      Subd. 5.  Veterans, Firefighters, and Police Memorial - Eagan                                                                       100,000

 

For a grant to the city of Eagan to design and construct a memorial to those in the military, firefighters, and police who have died in the line of duty.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7925

      Sec. 12.  AMATEUR SPORTS COMMISSION

 

      Subdivision 1.  Total Appropriation                                                                                                                   $8,450,000

 

To the Minnesota Amateur Sports Commission for the purposes specified in this section.

 

      Subd. 2.  Women's Hockey Center - Blaine                                                                                                            950,000

 

To predesign, design, construct, furnish, and equip a women's locker room, training room, and education display at the National Sports Center Super Rink in Blaine.

 

      Subd. 3.  National Volleyball Center - Rochester                                                                                              4,000,000

 

For a grant to the city of Rochester to design, construct, furnish, and equip the phase 2 expansion of the National Volleyball Center in Rochester, designated by the Minnesota Amateur Sports Commission as a regional amateur sports center, subject to Minnesota Statutes, section 16A.695.

 

      Subd. 4.  Northwestern Minnesota Regional Sports Center - Moorhead                                                                                                                     3,500,000

 

For a grant to the city of Moorhead to design, construct, furnish, and equip the Northwestern Minnesota Regional Sports Center.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.  The match may include in-kind contributions, and may include contributions made since January 1, 2007.

 

      Sec. 13.  MILITARY AFFAIRS

 

      Subdivision 1.  Total Appropriation                                                                                                                 $11,900,000

 

To the adjutant general for the purposes specified in this section.

 

      Subd. 2.  Asset Preservation                                                                                                                                    4,000,000

 

For asset preservation improvements and betterments of a capital nature at military affairs facilities statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

      Subd. 3.  Facility Life Safety Improvements                                                                                                      1,000,000

 

For life safety improvements and to correct code deficiencies at military affairs facilities statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7926

      Subd. 4.  Facility ADA Compliance                                                                                                                          900,000

 

For Americans with Disabilities Act (ADA) alterations to existing National Guard Training and Community Centers in locations throughout the state, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

      Subd. 5.  Cedar Street Armory Renovation                                                                                                        5,000,000

 

To design and renovate the Cedar Street Armory in St. Paul, including mechanical, electrical, building envelope, and life safety improvements.

 

      Subd. 6.  Camp Ripley Troop Support Facility                                                                                                 1,000,000

 

To complete design, renovation, furnishing, and equipping of the Troop Support Facility at Camp Ripley, including but not limited to:  window replacement, interior floor installation and finishings, air conditioning, upgrade of electrical, data, and telecommunication systems, and kitchen installation.

 

      Subd. 7.  Unspent Appropriations.

 

The unspent portion of an appropriation for a project under this section that has been completed may be used for any other purpose permitted under Minnesota Statutes, section 16B.307.

 

      Sec. 14.  PUBLIC SAFETY

 

      Subdivision 1.  Total Appropriation                                                                                                                 $14,550,000

 

To the commissioner of public safety, or other named agency, for the purposes specified in this section.

 

      Subd. 2.  Emergency Management Training Facility - Camp Ripley                                                                                                                          7,000,000

 

To the commissioner of administration to design, construct, furnish, and equip an emergency vehicle operator's course and housing at Camp Ripley.

 

Nonmilitary public safety personnel from Minnesota must be given access to the facility.

 

      Subd. 3.  East Metro Regional Fire Training Facility -Maplewood                                                                                                                              3,000,000

 

For a grant to the city of Maplewood to acquire land, prepare a site including environmental work, predesign, design, and construct the East Metro Regional Fire Training Facility in Ramsey County, within the city of Maplewood.


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This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

      Subd. 4.  Emergency Operations Center and Fire Training Facility - Minneapolis                                                                                                    750,000

 

For a grant to the city of Minneapolis to complete design and construction of an Emergency Operations Center and Fire Training Facility in the city of Minneapolis.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

      Subd. 5.  Marshall - Minnesota Emergency Response and Industry Training Center (MERIT)                                                                                                                             1,000,000

 

For a grant to the city of Marshall to acquire land, predesign, design, construct, furnish, and equip the expansion of the Minnesota Emergency Response and Industry Training Center (MERIT Center) in Marshall, Lyon County.  The project includes acquiring approximately 80 acres of land for expanded facilities that will include a driving course, classrooms and offices, skid pad, and training simulators for driving, hand gun shooting, and driving education.  This appropriation is not available until the commissioner determines that at least an equal amount is committed to the project from nonstate sources.

 

      Subd. 6.  Public Safety Facility - Princeton                                                                                                        2,800,000

 

For a grant to the city of Princeton to design, construct, furnish, and equip a new public safety building to be the headquarters for emergency operations for the city and to house equipment used to respond to regional emergencies.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

 

      Sec. 15.  TRANSPORTATION

 

      Subdivision 1.  Total Appropriation                                                                                                              $158,727,000

 

To the commissioner of transportation for the purposes specified in this section.

 

      Subd. 2.  Local Bridge Replacement and Rehabilitation                                                                              67,000,000

 

This appropriation is from the bond proceeds account in the state transportation fund to match federal money and to replace or rehabilitate local deficient bridges as provided in Minnesota


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7928

Statutes, section 174.50.  To the extent practicable, the commissioner shall expend the funds as provided under Minnesota Statutes, section 174.50, subdivisions 6c and 7, paragraph (c).

 

Political subdivisions may use grants made under this subdivision to construct or reconstruct bridges, including but not limited to:

 

(1) matching federal aid grants to construct or reconstruct key bridges;

 

(2) paying the costs of preliminary engineering and environmental studies authorized under Minnesota Statutes, section 174.50, subdivision 6a;

 

(3) paying the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made; and

 

(4) paying the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by the commissioner to be deficient, if the commissioner determines that construction of the road or street is more economical than replacement of the existing bridge.

 

$1,000,000 is for a grant to the city of Fairmont to demolish the existing bridge and to design and construct a new bridge over the channel between Budd Lake and Hall Lake, on West Lair Road in Gomsrud Park.  This appropriation is not available until the commissioner determines that at least $1,500,000 has been committed to the project from nonstate sources.

 

$1,800,000 is for a grant to the city of Fergus Falls to renovate the Tower Road bridge.

 

Up to $10,000,000 is for a grant to Hennepin County for phase 2 of the project for the removal of the existing Canadian Pacific Railway bridge and crib wall structure supporting the roadway, construction of a retaining wall structure to support Lowry Avenue, and construction of an extension of phase 1, the construction and replacement of the Lowry Avenue Bridge carrying County State-Aid Highway 153 across the Mississippi River in Minneapolis.

 

$7,000,000 is for a grant to the city of Minneapolis to construct a bridge for St. Anthony Parkway over the Northtown Rail Yard.

 

By November 1, 2010, the commissioner of management and budget, subject to approval of the commissioner of transportation, shall implement a grant administration method for grants provided under Minnesota Statutes, sections 174.50 and 174.52.  The grant administration method must:


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(1) not require a separate grant agreement for each project funded in whole or in part from general obligation grants;

 

(2) provide for efficient audits concerning state bond-financed property;

 

(3) ensure that all uses of the state bond-financed property will not cause the interest on the state general obligation bonds to be or become subject to federal income taxation for any reason; and

 

(4) otherwise comply with Minnesota Statutes, section 16A.695, the Minnesota Constitution, and all commissioner's orders.

 

By November 1, 2010, the commissioners of management and budget and transportation shall jointly submit a report on the grant administration method to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over transportation policy and finance and capital investment.  At a minimum, the report must briefly summarize the grant administration method being implemented, provide a copy of any model grant agreement, and provide recommendations, if any, for legislative changes.

 

      Subd. 3.  Greater Minnesota Transit                                                                                                                    2,500,000

 

For capital assistance for greater Minnesota transit systems to be used for transit capital facilities under Minnesota Statutes, section 174.24, subdivision 3c.  Money from this appropriation may be used to pay up to 80 percent of the nonfederal share of these facilities.

 

$520,000 is for a grant to the city of Northfield to design, construct, furnish, and equip a multimodal hub to serve as a transfer station, park and ride, intercity hub and trailhead, providing connections to Mill Towns State Trail, bike paths, and sidewalks within the city of Northfield.

 

      Subd. 4.  Rail Service Improvement                                                                                                                     2,000,000

 

For the rail service improvement program to be spent for the purposes set forth in Minnesota Statutes, section 222.50, subdivision 7.

 

      Subd. 5.  Minnesota Valley Railroad Track Rehabilitation                                                                           6,500,000

 

For a grant to the Minnesota Valley Regional Rail Authority to rehabilitate and make capital improvements to railroad track from east of Gaylord to Winthrop.  A grant under this subdivision is in addition to any grant, loan, or loan guarantee for this project made by the commissioner under Minnesota Statutes, sections 222.46 to 222.62.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7930

      Subd. 6.  Northstar Commuter Rail Extension to St. Cloud                                                                            1,000,000

 

To match federal money for environmental analysis, design, engineering, and acquisition of real property or interests in real property to extend the Northstar commuter rail line from Big Lake to the St. Cloud area.

 

      Subd. 7.  Railroad Grade Warning Devices Replacement                                                                              2,500,000

 

(a) To design, construct, and equip the replacement of active highway railroad grade crossing warning devices that have reached the end of their useful life.

 

(b) $900,000 is for a grant to the city of Grand Rapids to make at-grade railroad crossing improvements in the city.  The project includes closing at-grade crossings at 12th Avenue West and 5th Avenue East along with at-grade crossing improvements on and adjacent to 19th Avenue West and 3rd Avenue East under City Projects 2003-6 and 2010-3.  Crossing improvements include but are not limited to concrete crossings, railroad cross arms and signals, and street and utility improvements necessary to facilitate the crossing closures and improvements including design and construction engineering.  This appropriation is not subject to the requirements of the commissioner to receive funding under paragraph (a) or under the department's rail grade crossing improvement program.  This appropriation is not available until the commissioner of management and budget has determined that at least $2,400,000 has been committed, including expenditures prior to July 1, 2010, to the project from nonstate sources.

 

      Subd. 8.  Port Development Assistance                                                                                                                 3,000,000

 

For grants under Minnesota Statutes, chapter 457A.  Any improvements made with the proceeds of these grants must be publicly owned.

 

      Subd. 9.  Range Regional Airport                                                                                                                         3,700,000

 

For a grant to the Chisholm-Hibbing Airport Authority for site preparation and to predesign, design, and construct a multiuse hangar and maintenance and storage facilities.

 

      Subd. 10.  Duluth Airport Terminal                                                                                                                   11,700,000

 

For a grant to the city of Duluth to predesign, design, construct, furnish, and equip phase 2 of the new terminal facilities at the Duluth International Airport as phase 2 of the airport terminal project is described for purposes of the federal aviation administration project grant.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7931

This appropriation is not available until the commissioner determines that at least an equal amount is committed to the project from nonstate sources.

 

      Subd. 11.  Thief River Falls Airport                                                                                                                     2,097,000

 

For a grant to the city of Thief River Falls to design, construct, furnish, and equip a multipurpose hangar at the Thief River Falls Regional Airport in Pennington County.  This appropriation is not available until the commissioner determines that a match from other sources of at least $699,000 is committed to the project.

 

      Subd. 12.  Rochester Maintenance Facility                                                                                                      26,430,000

 

This appropriation is from the bond proceeds account in the trunk highway fund.

 

To prepare a site for and design, construct, furnish, and equip a new maintenance facility in Rochester.

 

      Subd. 13.  Arden Hills Training Center                                                                                                               6,500,000

 

This appropriation is from the bond proceeds account in the trunk highway fund.

 

To design and construct an addition to the Arden Hills Training Center.

 

      Subd. 14.  Maple Grove Truck Station                                                                                                              15,800,000

 

This appropriation is from the trunk highway fund.

 

To design and construct a new truck station in Maple Grove.

 

      Subd. 15.  Little Falls Truck Station                                                                                                                     3,300,000

 

This appropriation is from the trunk highway fund.

 

To design and construct a new truck station in Little Falls.

 

      Subd. 16.  Maplewood Bridge Crew Building                                                                                                    3,000,000

 

This appropriation is from the trunk highway fund.

 

To design and construct a new building for the metro bridge crew.

 

      Subd. 17.  Design                                                                                                                                                           700,000

 

This appropriation is from the trunk highway fund for design of the new Willmar district headquarters vehicle storage facility and the new Plymouth truck station.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7932

      Subd. 18.  Hoffman Yard                                                                                                                                         1,000,000

 

For environmental analysis, engineering, acquisition of real property or interests in real property, and construction relating to capacity improvements at the Hoffman Interlocking/Hoffman Yard in St. Paul as identified in the Minnesota Comprehensive Statewide Freight and Passenger Rail Plan.

 

      Sec. 16.  METROPOLITAN COUNCIL

 

      Subdivision 1.  Total Appropriation                                                                                                                 $79,443,000

 

To the Metropolitan Council for the purposes specified in this section.

 

      Subd. 2.  Transit Capital Improvement Program                                                                                          43,500,000

 

(a) To advance transit in the metropolitan area, in consultation with the Counties Transit Improvement Board.  Transit way corridors include the following:  Bottineau Boulevard, Cedar Avenue, Central Corridor LRT, I-35W corridor, I-94 corridor, Red Rock corridor, Riverview corridor, Robert Street corridor, Rush Line, and Southwest corridor.

 

The appropriation must be used first to maximize federal money for all the following projects and to fund all projects in this paragraph as follows, but not listed in rank order of priority:

 

(1) preliminary engineering for the Southwest Corridor light rail line from the Hiawatha light rail in downtown Minneapolis to the vicinity of the Southwest Station transit hub in Eden Prairie;

 

(2) environmental assessment, preliminary engineering, design, right-of-way acquisition, and construction of bus shoulders and transit facilities all as part of the Cedar Avenue Bus Rapid Transit Way in Dakota County and Hennepin County from 162nd Street in Lakeville to 28th Avenue in Bloomington;

 

(3) a grant to the Ramsey County Regional Railroad Authority to acquire land and structures, to renovate structures, and for design, engineering, and environmental work to complete revitalization of the Union Depot for use as a multimodal transit center in St. Paul.  The center must be designed so that it facilitates a potential future connection of high-speed rail to Minneapolis;

 

(4) real property acquisition for and construction of a park-and-ride facility for the Red Rock Corridor Transit Way;

 

(5) environmental analysis, engineering, acquisition of real property or interests in real property, and construction of a park-and-ride facility in the city of Woodbury for the I-94 Corridor Transit Way; and


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7933

(6) a grant to the Hennepin County Regional Rail Authority for environmental analysis, engineering, design, acquisition of real property or interests in real property, and site preparation for the Minneapolis Transportation Interchange Facility located in the vicinity of the confluence of the Hiawatha light rail line and the Northstar commuter rail line.  The interchange must be designed so that it facilitates a potential future connection of passenger or commuter rail to the Union Depot in St. Paul.  The amount of the grant may not exceed the amount spent under this appropriation for park-and-ride facilities.

 

(b) The remainder of the appropriation must be used to implement any of the following capital improvements, which are not listed in rank order of priority, to be selected by the Metropolitan Council after consultation with the Counties Transit Improvement Board and after consultation with other stakeholders as appropriate.  The council shall seek geographic balance in the allocation of this appropriation where possible.  The remainder of the appropriation is for:

 

(1) environmental studies, engineering, real property acquisition, and construction of passenger facilities for the Robert Street Corridor Transit Way along a corridor on or parallel to U.S.  Highway 52 and Robert Street from within the city of St. Paul to Dakota County Road 42 in Rosemount;

 

(2) environmental analysis and project development for the Bottineau Boulevard Transit Way corridor from the Target Ballpark station in downtown Minneapolis to the vicinity of the Target development in northern Brooklyn Park or the Arbor Lakes retail area in Maple Grove;

 

(3) real property acquisition for and construction of a park-and-ride facility in the vicinity of the intersection of County Road 14 and Interstate Highway 35E for the Rush Line Transit Way;

 

(4) a grant to the Anoka County Regional Rail Authority for environmental analysis, design, engineering, acquisition of real property or interests in real property, and construction of related infrastructure and other improvements of a capital nature for the Foley Boulevard Northstar commuter rail station;

 

(5) a grant to Hennepin County for design of a transit station in the Lake Street area at marked Interstate Highway 35W in the city of Minneapolis;

 

(6) a grant to the city of Ramsey to match federal and local money for environmental analysis, engineering, design, acquisition of real property or interests in real property, and construction of a Northstar commuter rail station in the vicinity of the city of Ramsey Municipal Center;


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7934

(7) a grant to the city of Rosemount to predesign, design, construct, furnish, and equip a parking lot and transit station shelter on land owned by the city of Rosemount in the city's downtown area.  The parking lot will have approximately 100 spaces for vehicles; and

 

(8) a grant to the Ramsey County Regional Railroad Authority for environmental work and preliminary engineering for bus rapid transit in the Riverview corridor between the east side of St. Paul and the Minneapolis-St. Paul International Airport and the Mall of America.

 

      Subd. 3.  Metropolitan Cities Inflow and Infiltration Grants                                                                        3,000,000

 

For grants to cities within the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2, for capital improvements in municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Metropolitan Council's metropolitan sanitary sewer disposal system.  To be eligible for a grant, a city must be identified by the Metropolitan Council as a contributor of excessive inflow or infiltration.  Grants from this appropriation are for up to 50 percent of the cost to mitigate inflow and infiltration in the publicly owned municipal wastewater collection systems.  The council must award grants based on applications from eligible cities that identify eligible capital costs and include a timeline for inflow and infiltration mitigation construction, pursuant to guidelines established by the council.

 

      Subd. 4.  Metropolitan Regional Parks and Trails Capital Improvements

 

(a) Metropolitan Council Priorities                                                                                                                          10,500,000

 

For the cost of improvements and betterments of a capital nature and acquisition by the council and local government units of regional recreational open-space lands in accordance with the council's policy plan as provided in Minnesota Statutes, section 473.147.  Priority must be given to park rehabilitation and land acquisition projects.  This appropriation must not be used to purchase easements.

 

(b) Como Zoo                                                                                                                                                                 11,000,000

 

For a grant to the city of St. Paul to predesign, design, construct, furnish, and equip phase 2 renovation of exhibits at the Como Zoo.

 

(c) Dakota Rail Regional Trail, Pedestrian and Bicycle Tunnel                                                                            343,000

 

For a grant to the city of Minnetonka Beach to construct a pedestrian and bicycle tunnel under Hennepin County State-Aid Highway 15 that would link an existing city trail with the Dakota Rail Regional Trail.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7935

(d) Minneapolis Sculpture Garden                                                                                                                              2,000,000

 

For a grant to the Minneapolis Park and Recreation Board to predesign, design, and begin construction of the renovation of the Minneapolis Sculpture Garden, which displays art owned by the Walker Art Center, subject to Minnesota Statutes, section 16A.695.  The complete renovation will include improving irrigation, drainage, the parking lot, security, granite substructures, concrete, and fixtures, in order to update them with more ecologically sustainable options that are less expensive to maintain; increasing physical accessibility in accordance with the Americans with Disabilities Act; transplanting and replacing trees and plant materials; and improving the mechanical plant, piping, and flooring of the Cowles Conservatory to permit its flexible reuse in a way that is more ecologically sustainable and less expensive to maintain.

 

(e) Old Cedar Avenue Bridge                                                                                                                                        2,000,000

 

For a grant to the city of Bloomington to renovate the Old Cedar Avenue Bridge for bicycle commuters and recreational users.  The city of Bloomington must consult with the city of Eagan and Dakota County on the renovation.

 

This appropriation is added to the appropriation in Laws 2008, chapter 365, section 4, subdivision 3, as amended by this act.

 

(f) Phalen-Keller Regional Park                                                                                                                                  1,100,000

 

For grants to the city of St. Paul and Ramsey County for improvements to the Phalen-Keller Regional Park, including design, engineering, and construction for channel restoration and other associated channel improvements between Phalen, Keller, and Round Lakes, renovation of the waterfall on the northwest shore of Lake Phalen and addition of lighting and landscaping along the path near the waterfall, and design and construction of a paved off-road trail between Roselawn Avenue and County Road B connecting use areas within Keller Regional Park and to Phalen Regional Park and the Gateway State Trail.

 

(g) Rock Island Bridge Park and Trail Development                                                                                             1,000,000

 

For a grant to the city of Inver Grove Heights for park and trail development on the west bank of the Mississippi River in Dakota County at the site of Mississippi River Bridge JAR 5600, commonly known as the Rock Island Bridge.  Any park or trails developed with this appropriation must connect with any local, regional, or state trails in the vicinity, and the historic Rock Island Bridge.

 

(h) Springbrook Nature Center                                                                                                                                    2,000,000

 

For a grant to the city of Fridley to predesign, design, construct, furnish, and equip the redevelopment and expansion of the Springbrook Nature Center.  No nonstate match is required.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7936

(i) Theodore Wirth Olympic Training Center                                                                                                         1,000,000

 

For a grant to the Minneapolis Park and Recreation Board to predesign, design, construct, furnish, and equip, at Theodore Wirth Regional Park in Golden Valley, Hennepin County, a winter recreation center, including warming and training areas and maintenance facilities, for developing Olympic-caliber athletes.

 

(j) Veterans Memorial Parks                                                                                                                                        2,000,000

 

For a grant to the Minneapolis Park and Recreation Board to: (1) restore the Sheridan Veterans Memorial Park on the Mississippi River in Minneapolis, to construct an appropriate monument to memorialize the war service of Minnesota veterans of all wars, and to construct related park facilities; and (2) match money provided by Hennepin County to restore the flagpole monument and plaza, and make other infrastructure improvements of a capital nature for the Veterans of World War I Victory Memorial Parkway, consistent with Hennepin County's planned infrastructure improvements.

 

      Sec. 17.  HEALTH

 

      Subdivision 1.  Total Appropriation                                                                                                                 $15,000,000

 

To the commissioner of administration for the purposes specified in this section.

 

      Subd. 2.  Gillette Children's Specialty Healthcare                                                                                         10,000,000

 

For a grant to Ramsey County to design, construct, furnish, and equip capital improvements to the hospital facility operated by Gillette Children's Specialty Healthcare, subject to Minnesota Statutes, section 16A.695.  A management contract or use agreement with respect to the facility must require that it be used to carry out a governmental program, including but not limited to providing health care.

 

This appropriation is intended to cover approximately one-sixth of the $62,000,000 total project cost.  It is not available until the commissioner has determined that an amount sufficient to complete the project has been committed from nonstate sources.

 

If this state bond financed property is sold, and notwithstanding Minnesota Statutes, section 16A.695, subdivision 3, clause (2), the net proceeds must be applied as follows:  first, to pay the state the amount of state bond proceeds used to acquire or better the property; and second, any remaining amount must be paid to Ramsey County, or its successor in interest in the property.  When the sale is complete and the sale proceeds have been applied as provided in this subdivision, section 16A.695 no longer applies to the property and the property is no longer state bond financed property.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7937

      Subd. 3.  Hyperbaric Oxygen Chamber                                                                                                               5,000,000

 

For a grant to Hennepin County for Hennepin County Medical Center to design, construct, furnish, and equip the relocation of a hyperbaric oxygen facility on the Hennepin County Medical Center campus.

 

      Sec. 18.  HUMAN SERVICES

 

      Subdivision 1.  Total Appropriation                                                                                                                   $4,125,000

 

To the commissioner of administration, or another named agency, for the purposes specified in this section.

 

      Subd. 2.  Asset Preservation                                                                                                                                    2,000,000

 

For asset preservation improvements and betterments of a capital nature at Department of Human Services facilities statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

      Subd. 3.  Early Childhood Learning and Child Protection Facilities                                                                                                                          2,000,000

 

To the commissioner of human services for grants under Minnesota Statutes, section 256E.37, to construct and rehabilitate early childhood learning and child protection facilities.

 

      Subd. 4.  Remembering With Dignity                                                                                                                      125,000

 

To the commissioner of human services for grave markers or memorial monuments for unmarked graves on public land of deceased residents of state hospitals or regional treatment centers.

 

      Subd. 5.  Sex Offender Treatment Center; Facilities Study

 

The commissioner of human services, in consultation with the commissioners of corrections and administration, shall study the potential for using existing vacant or underused state facilities, including regional treatment centers, for the sex offender treatment program or for other programs or services administered by the Department of Human Services.  The study must analyze the feasibility, time required, and cost of making the building and infrastructure changes necessary for the program.  The study must also examine the current civil commitment policies of the state, sex offender treatment, and possible legislation to change determinate sentencing for sex offenders.  The study must include a review of how other states use civil commitment for sex offenders.  The commissioner shall submit a report on the study, with specific recommendations, to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over capital investment, human services policy and finance, and public safety policy and finance by January 15, 2011.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7938

      Sec. 19.  VETERANS AFFAIRS

 

      Subdivision 1.  Total Appropriation                                                                                                                   $4,450,000

 

To the commissioner of administration for the purposes specified in this section.

 

      Subd. 2.  Asset Preservation                                                                                                                                    4,000,000

 

For asset preservation improvements and betterments of a capital nature at veterans homes statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

      Subd. 3.  Luverne Veterans Home Entrance Enclosure                                                                                      450,000

 

To design, construct, and furnish a new enclosure attached to the front entrance of the Luverne Veterans Home; re-engineer the circle drive parking lot adjoining the entrance to increase visitor parking capacity; and provide day room and lounge space on either side of the entrance.

 

      Sec. 20.  CORRECTIONS

 

      Subdivision 1.  Total Appropriation                                                                                                                 $11,529,000

 

To the commissioner of administration for the purposes specified in this section.

 

      Subd. 2.  Asset Preservation                                                                                                                                    8,000,000

 

For improvements and betterments of a capital nature at Minnesota correctional facilities statewide, in accordance with Minnesota Statutes, section 16B.307.

 

      Subd. 3.  ARMER Radio System Migration                                                                                                        3,529,000

 

To design, construct, furnish, and equip the Allied Radio Matrix for Emergency Response (ARMER) system migration into all state correctional facilities, including, but not limited to, building and radio site improvements, installation of fixed antenna systems and repeaters, and installation of master control dispatch console equipment.

 

      Subd. 4.  Unspent appropriations

 

The unspent portion of an appropriation for a project in this section that is complete, upon written notice to the commissioner of management and budget, is available for asset preservation under Minnesota Statutes, section 16B.307, at the same correctional facility as the project for which the original appropriation was made.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7939

          Sec. 21.  EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

      Subdivision 1.  Total Appropriation                                                                                                              $134,609,000

 

To the commissioner of employment and economic development for the purposes specified in this section.

 

      Subd. 2.  Greater Minnesota Business Development Infrastructure Grant Program                                                                                            12,000,000

 

For grants under Minnesota Statutes, section 116J.431.

 

$1,000,000 is for a grant to the city of North Branch in Chisago County to complete the predesign, design, and construction of a main water line loop, including connections and a main sanitary sewer line with a lift station, in the city of North Branch.  The trunk water main loop connection line will provide adequate water volume and pressure for fire protection and suppression for industrial users at the ESSBY Business Park, while the trunk sewer line is required to provide sanitary sewer service to property along the water main loop.

 

$200,000 is for a matching grant to the Board of Trustees of the Minnesota State Colleges and Universities for Pine Technical College to design, construct, furnish, and equip an entrepreneurship and technology business incubator at Pine Technical College.  This appropriation is not available until the board determines that at least an equal match has been committed from nonstate sources, including a grant from the United States Economic Development Administration.

 

$285,000 is for a grant to the Voyageurs National Park Clean Water Joint Powers Board to predesign a wastewater collection and treatment facility located in the Voyageurs National Park area.

 

      Subd. 3.  Innovative Business Development Public Infrastructure Grant Program                                                                                                 4,000,000

 

For grants under Minnesota Statutes, section 116J.435.

 

      Subd. 4.  Redevelopment Account                                                                                                                         5,000,000

 

For purposes of the redevelopment account under Minnesota Statutes, sections 116J.571 to 116J.575.

 

$2,000,000 is for a grant to the city of Lake Elmo. $1,000,000 must be used to design and construct an expansion of the city's water pumping, storage, and distribution system to provide approximately 1,000 additional service hookups and replace a city well lost to contamination by perfluorochemicals (PFC's). $1,000,000 must be used to design and construct the extension of a


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7940

16-inch sanitary sewer force main from the Metropolitan Council interceptor on Interstate Highway 94 to 30th Street to the proposed southern edge of the Lake Elmo Village area.  This appropriation is not available until the council has determined that at least an equal amount has been committed to the project from nonstate sources.

 

Notwithstanding Minnesota Statutes, section 16A.642, grant number RDGP-06-0007-0-FY07, awarded in September 2006 to the city of Tower from an appropriation to the redevelopment account in Laws 2005, chapter 20, article 1, section 23, subdivision 11, is available until June 30, 2013.

 

      Subd. 5.  Bemidji - Headwaters Science Center                                                                                                     475,000

 

For a grant to the city of Bemidji to predesign and design the Headwaters Science Center, subject to Minnesota Statutes, section 16A.695.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

 

      Subd. 6.  Chatfield - Potter Center for the Arts                                                                                                  5,094,000

 

For a grant to the Chatfield Economic Development Authority to predesign, design, construct, furnish, and equip the renovation of Potter Memorial Auditorium in the city of Chatfield as the Potter Center for the Arts.  The economic development authority may enter into leases and management agreements with the city and other entities to provide the programs in the center, subject to Minnesota Statutes, section 16A.695.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

 

      Subd. 7.  Duluth Zoo                                                                                                                                                     200,000

 

For a grant to the city of Duluth for asset preservation and exhibit renewal at the Duluth Zoo that is needed for the zoo to achieve accreditation.  No match is required.

 

      Subd. 8.  Hennepin County

 

Minnesota African American History Museum and Cultural Center                                                  840,000

 

For a grant to Hennepin County to predesign, design, construct, furnish, and equip the renovation of an historic mansion for the Minnesota African American History Museum and Cultural Center in Minneapolis, subject to Minnesota Statutes, section 16A.695.


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This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

      Subd. 9.  Mankato - Civic Center and All Seasons Arenas                                                                            13,000,000

 

For a grant to the city of Mankato to design, construct, furnish, and equip the expansion of the Civic Center auditorium, including a performing arts theater, and the remodelling and expansion of the Civic Center and All Seasons arenas, which must include the Southern Minnesota Women's Hockey Exposition Center, for joint use by the city and Minnesota State University, Mankato.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

 

      Subd. 10.  Minneapolis - Granary Road Storm Water Infrastructure                                                                                                                          3,500,000

 

For a grant to the city of Minneapolis to acquire land for, and to predesign, design, and construct, storm water and roadway infrastructure for phase 2 of the proposed Granary Road between 17th Avenue SE and 25th Avenue SE in Minneapolis.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

 

 

      Subd. 11.  Minneapolis - Orchestra Hall                                                                                                           16,000,000

 

For a grant to the city of Minneapolis to predesign, design, construct, furnish, and equip the renovation of Orchestra Hall at its current downtown Minneapolis location, including $2,000,000 for Peavey Plaza.  The city of Minneapolis may operate a performing arts center and adjacent property for public recreation and may enter into a lease or management agreement for the improved facilities, subject to Minnesota Statutes, section 16A.695.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

      Subd. 12.  Ramsey County - Rice Street Bioscience Corridor                                                                        5,000,000

 

For a grant to Ramsey County to reconstruct the Rice Street bridge where it crosses marked Trunk Highway 36 in Ramsey County, and for other improvements of a capital nature to publicly owned infrastructure to support bioscience business development.


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      Subd. 13.  Ramsey - Water Recycling Treatment Plant                                                                                  1,250,000

 

For a grant to the city of Ramsey to design, construct, furnish, and equip a water recycling treatment plant.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

      Subd. 14.  Rochester - Mayo Civic Center Complex                                                                                      32,000,000

 

For a grant to the city of Rochester to design, construct, furnish, and equip the renovation and expansion of the Mayo Civic Center Complex.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

      Subd. 15.  St. Cloud - Civic Center Expansion                                                                                                 15,000,000

 

For a grant to the city of St. Cloud to predesign, design, construct, furnish, and equip an expansion to the St. Cloud Civic Center, including a parking facility and skyway connection.

 

This appropriation is not available until the commissioner has determined that at least an equal amount has been committed to the project from nonstate sources.

 

      Subd. 16.  St. Louis County - Arrowhead Regional Event Facilities                                                                                                                                 250,000

 

For a grant to St. Louis County as the fiscal agent to provide and improve event facilities in the Arrowhead region as provided in this subdivision.  The facilities must have a cooperative agreement to provide training, exhibition, and competition centers for the five community colleges of the Northeast Higher Education District.  The St. Louis County Board of Commissioners shall make grants to the cities included in this subdivision, and the cities will retain title to the facilities.  Grants may include the following projects:

 

(a) Hibbing Memorial Building

 

To predesign and design a new addition to the Hibbing Memorial Building.  This request includes the American Disabilities Act compliance requirements for the Hibbing Memorial Building to serve as a regional facility for veterans, seniors, and community events.

 

(b) Mountain Iron Arrowhead Event Center

 

To predesign and design a new Arrowhead event facility in the city of Mountain Iron.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7943

      Subd. 17.  St. Paul

 

(a) Asian Pacific Cultural Center                                                                                                                                 5,000,000

 

For a grant to the St. Paul Housing and Redevelopment Authority, to construct, furnish, and equip an Asian-Pacific Cultural Center, subject to Minnesota Statutes, section 16A.695.  The appropriation does not require a local match.

 

(b) Ordway Center for the Performing Arts                                                                                                          16,000,000

 

For a grant to the city of St. Paul to design, construct, furnish, and equip a concert hall of approximately 1,100 seats and support spaces at the Ordway Center for the Performing Arts, subject to Minnesota Statutes, section 16A.695.

 

      Sec. 22.  PUBLIC FACILITIES AUTHORITY

 

      Subdivision 1.  Total Appropriation                                                                                                                 $57,000,000

 

To the Public Facilities Authority for the purposes specified in this section.

 

      Subd. 2.  State Match For Federal Grants                                                                                                        30,000,000

 

(a) To match federal grants for the clean water revolving fund under Minnesota Statutes, section 446A.07, and the drinking water revolving fund under Minnesota Statutes, section 446A.081.

 

(b) $10,800,000 of this appropriation shall provide matching funds for the drinking water revolving fund to match the 2011 and 2012 federal grants, with the balance to be made available to the clean water revolving fund.

 

(c) This appropriation must be used for qualified capital projects.

 

      Subd. 3.  Wastewater Infrastructure Funding Program                                                                               27,000,000

 

For grants to eligible municipalities under the wastewater infrastructure funding program under Minnesota Statutes, section 446A.072.

 

Up to $2,800,000 may be used as a grant to the city of Williams to undertake corrective action on a system built since 2001 with federal money from USDA Rural Economic and Community Development.  This grant is not subject to the 2010 or 2011 project priority list nor to the limitations on grant amounts set forth in Minnesota Statutes, section 446A.072, subdivision 5a.


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      Sec. 23.  MINNESOTA HOUSING FINANCE AGENCY                                    $10,000,000

 

To the Minnesota Housing Finance Agency for transfer to the housing development fund to finance the costs to rehabilitate, or to replace units lost in a fire, to preserve public housing under Minnesota Statutes, section 462A.202, subdivision 3a.  For purposes of this section, "public housing" means housing for low-income persons and households financed by the federal government and owned and operated by the public housing authorities and agencies formed by cities and counties.  Eligible public housing authorities must have a public housing assessment system rating of standard or above.  Priority must be given to proposals that maximize federal or local resources to finance the capital costs.  The priority in Minnesota Statutes, section 462A.202, subdivision 3a, for projects to increase the supply of affordable housing and the restrictions of Minnesota Statutes, section 462A.202, subdivision 7, do not apply to this appropriation.

 

      Sec. 24.  MINNESOTA HISTORICAL SOCIETY

 

      Subdivision 1.  Total Appropriation                                                                                                                 $13,757,000

 

To the Minnesota Historical Society for the purposes specified in this section.

 

      Subd. 2.  Historic Sites Asset Preservation                                                                                                          3,400,000

 

For capital improvements and betterments at state historic sites, buildings, landscaping at historic buildings, exhibits, markers, and monuments, to be spent in accordance with Minnesota Statutes, section 16B.307.  The society shall determine project priorities as appropriate based on need.

 

      Subd. 3.  County and Local Preservation Grants                                                                                              1,000,000

 

To be allocated to county and local jurisdictions as matching money for historic preservation projects of a capital nature, as provided in Minnesota Statutes, section 138.0525.

 

$150,000 is for a grant to the city of South St. Paul to renovate the historically significant 1941 Navy Hangar at 310 Airport Road at Fleming Field in the city to meet life safety and building code requirements, subject to Minnesota Statutes, section 16A.695.  No local match is required for this grant.

 

      Subd. 4.  Oliver H. Kelley Farm Historic Site                                                                                                    9,357,000

 

To complete design and to construct, furnish, and equip the renovation of the Oliver H. Kelley Farm Historic Site, including the site's visitor center and other essential visitor services and site operations facilities.


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      Sec. 25.  BOND SALE EXPENSES                                                                                                                     $1,101,000

 

(a) $1,086,000 is from the bond proceeds fund to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8.

 

(b) $15,000 is from the bond proceeds account in the trunk highway fund to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, section 167.50, subdivision 4.

 

      Sec. 26.  BOND SALE AUTHORIZATION. 

 

Subdivision 1.  Bond proceeds fund.  To provide the money appropriated in this act from the bond proceeds fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $1,024,370,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

 

Subd. 2.  Maximum effort school loan fund.  To provide the money appropriated in this act from the maximum effort school loan fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $5,780,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.  The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the maximum effort school loan fund.

 

Subd. 3.  Transportation fund.  To provide the money appropriated in this act from the state transportation fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $67,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.  The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the state transportation fund.

 

Subd. 4.  Trunk highway fund bond proceeds account.  To provide the money appropriated in this act from the bond proceeds account in the trunk highway fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $32,945,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts requested by the commissioner of transportation.  The proceeds of the bonds, except accrued interest and any premium received from the sale of the bonds, must be credited to the bond proceeds account in the trunk highway fund.

 

Sec. 27.  CANCELLATIONS; BOND SALE AUTHORIZATIONS REDUCED. 

 

Subdivision 1.  Bureau of Criminal Apprehension.  $525,000 of the appropriation in Laws 2002, chapter 374, article 11, section 7, subdivision 3, as amended by Laws 2002, chapter 393, section 90, for construction of the Bureau of Criminal Apprehension building in Saint Paul, is canceled.  The bond sale authorization in Laws 2002, chapter 374, article 11, section 17, is reduced by $525,000.

 

Subd. 2.  Administration; property acquisition.  $5,131.83 of the appropriation in Laws 2002, chapter 374, article 11, section 7, subdivision 4, for property acquisition, is canceled.  The bond sale authorization in Laws 2002, chapter 374, article 11, section 17, is reduced by $5,131.83.


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Subd. 3.  Human services.  $23,642.57 of the appropriation in Laws 2002, chapter 374, article 11, section 11, for Department of Human Services asset preservation, is canceled.  The bond sale authorization in Laws 2002, chapter 374, article 11, section 17, is reduced by $23,642.57.

 

Subd. 4.  CAPRA.  $101,485.07 of the appropriation in Laws 2002, chapter 393, section 13, subdivision 2, for the capital asset preservation and replacement account, is canceled.  The bond sale authorization in Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $101,485.07.

 

Subd. 5.  Administration.  $1,041.79 of the appropriation in Laws 2002, chapter 393, section 13, subdivision 3, for electrical utility infrastructure in the capitol complex, is canceled.  The bond sale authorization in Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $1,041.79.

 

Subd. 6.  Health and agriculture laboratory.  $10,701.71 of the appropriation in Laws 2002, chapter 393, section 13, subdivision 6, for health and agriculture lab, is canceled.  The bond sale authorization in Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $10,701.71.

 

Subd. 7.  Minnesota state academies.  $8,730.46 of the appropriation in Laws 2002, chapter 393, section 6, for asset preservation, is canceled.  The bond sale authorization in Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $8,730.46.

 

Subd. 8.  Human services.  $5,829.55 of the appropriation in Laws 2002, chapter 393, section 22, subdivision 2, for systemwide roof renovation and replacement, is canceled.  The bond sale authorization in Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $5,829.55.

 

Subd. 9.  Human services.  $53,695.76 of the appropriation in Laws 2002, chapter 393, section 22, subdivision 3, for asset preservation, is canceled.  Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $53,695.76.

 

Subd. 10.  Human services.  $77,034.74 of the appropriation in Laws 2002, chapter 393, section 22, subdivision 4, for demolition, is canceled.  Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $77,034.74.

 

Subd. 11.  Human services.  $8,873.69 of the appropriation in Laws 2002, chapter 393, section 22, subdivision 6, as amended by Laws 2005, chapter 20, article 1, section 43, for the Fergus Falls Regional Treatment Center, is canceled.  Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $8,873.69.

 

Subd. 12.  Human services.  $3,498 of the appropriation in Laws 2002, chapter 393, section 22, subdivision 7, for the St. Peter Regional Treatment Center, is canceled.  Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $3,498.

 

Subd. 13.  Veterans Homes Board.  $8,022.83 of the appropriation in Laws 2002, chapter 393, section 23, subdivision 2, for asset preservation, is canceled.  Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $8,022.83.


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Subd. 14.  Veterans Homes Board.  $2,000 of the appropriation in Laws 2002, chapter 393, section 23, subdivision 3, for the Hastings Veterans Home utility infrastructure, is canceled.  Laws 2002, chapter 393, section 30, subdivision 1, as amended by Laws 2005, chapter 20, article 2, section 1, and Laws 2008, chapter 179, section 28, is reduced by $2,000.

 

Subd. 15.  Phalen Boulevard.  $201,486 of the appropriation in Laws 2003, First Special Session chapter 20, article 1, section 12, subdivision 6, for a grant to the city of St. Paul for the Phalen Boulevard project, is canceled.  The bond sale authorization in Laws 2003, First Special Session chapter 20, article 1, section 16, as amended by Laws 2008, chapter 179, section 28, is reduced by $201,486.

 

Subd. 16.  Perpich Center for Arts Education.  $1.12 of the appropriation in Laws 2005, chapter 20, article 1, section 4, subdivision 2, for asset preservation, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $1.12.

 

Subd. 17.  Perpich Center for Arts Education.  $7,480.88 of the appropriation in Laws 2005, chapter 20, article 1, section 4, subdivision 3, for the Beta Building, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $7,480.88.

 

Subd. 18.  Administration.  $28,261.71 of the appropriation in Laws 2005, chapter 20, article 1, section 13, subdivision 4, for capitol area parking, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $28,261.71.

 

Subd. 19.  Capitol Area Architectural and Planning Board.  $14,140.75 of the appropriation in Laws 2005, chapter 20, article 1, section 14, subdivision 2, for capitol interior renovation, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $14,140.75.

 

Subd. 20.  Veterans Homes Board.  $1,863.57 of the appropriation in Laws 2005, chapter 20, article 1, section 21, subdivision 3, for the Luverne home, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $1,863.57.

 

Subd. 21.  Veterans Homes Board.  $25,720 of the appropriation in Laws 2005, chapter 20, article 1, section 21, subdivision 5, as amended by Laws 2005, First Special Session chapter 7, section 5, for predesign of a home in Willmar, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $25,720.

 

Subd. 22.  Minnesota Correctional Facility - Stillwater.  $1,003,283.99 of the appropriation in Laws 2005, chapter 20, article 1, section 22, subdivision 3, for new segregation unit, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $1,003,283.99.

 

Subd. 23.  Minnesota Correctional Facility - Willow River.  $962.09 of the appropriation in Laws 2005, chapter 20, article 1, section 22, subdivision 4, paragraph (a), for an activities building, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $962.09.

 

Subd. 24.  Minnesota correctional facility - beds.  $853 of the appropriation in Laws 2005, chapter 20, article 1, section 22, subdivision 4, paragraph (b), for additional beds at Willow River, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $853.


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Subd. 25.  Institute of Nanotechnology.  $600,000 of the appropriation in Laws 2005, chapter 20, article 1, section 23, subdivision 11, as amended by Laws 2006, chapter 171, section 1, and Laws 2008, chapter 179, section 57, for a grant to the city of Rushford for the Institute of Nanotechnology, is canceled.  The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, subdivision 1, as amended by Laws 2008, chapter 179, section 28, is reduced by $600,000.

 

Subd. 26.  Veterans Homes Board.  $7,770.30 of the appropriation in Laws 2006, chapter 258, section 19, subdivision 5, for the Luverne addition, is canceled.  The bond sale authorization in Laws 2006, chapter 258, section 25, subdivision 1, as amended by Laws 2007, chapter 45, article 3, section 6, and Laws 2008, chapter 179, section 28, is reduced by $7,770.30.

 

Subd. 27.  Department of Natural Resources facility damage.  $2,283,263 of the appropriation in Laws 2007, First Special Session chapter 2, article 1, section 5, subdivision 2, to rehabilitate and replace state facilities and restore natural resources in the flood damaged area, is canceled.  The bond sale authorization in Laws 2007, First Special Session chapter 2, article 1, section 15, subdivision 1, is reduced by $2,283,263.

 

Subd. 28.  Department of Transportation; Urban Partnership Agreement.  $9,000,000 of the appropriation in Laws 2008, chapter 152, article 2, section 3, subdivision 4, for the urban partnership agreement, is canceled.  The trunk highway bond sale authorization in Laws 2008, chapter 152, article 2, section 7, subdivision 1, is reduced by $9,000,000.

 

Subd. 29.  Department of Transportation building.  $9,500,000 of the appropriation in Laws 2008, chapter 152, article 2, section 5, for the exterior of the Department of Transportation building in Saint Paul, is canceled.  The trunk highway bond sale authorization in Laws 2008, chapter 152, article 2, section 7, subdivision 1, is reduced by $9,500,000.

 

Subd. 30.  Agriculture.  $2,660 of the appropriation in Laws 2008, chapter 179, section 10, for the potato inspection unit building roof, is canceled.  The bond sale authorization in Laws 2008, chapter 179, section 27, subdivision 1, as amended by Laws 2008, chapter 365, section 7, is reduced by $2,660.

 

Subd. 31.  Bayport storm sewer.  $150,000 of the appropriation in Laws 2008, chapter 179, section 22, subdivision 8, for the Bayport storm sewer, is canceled.  The bond sale authorization in Laws 2008, chapter 179, section 27, subdivision 1, as amended by Laws 2008, chapter 365, section 7, is reduced by $150,000.

 

Subd. 32.  Disaster relief.  $3,900,000 of the appropriation in Laws 2009, chapter 93, article 2, section 3, subdivision 3, for state and local match, is canceled.  The bond sale authorization in Laws 2009, chapter 93, article 2, section 13, subdivision 1, is reduced by $3,900,000.

 

Subd. 33.  2009 authorizations.  (a) The bond sale authorization in Laws 2009, chapter 93, article 1, section 21, subdivision 1, is reduced by $79,375,000.

 

(b) The bond sale authorization in Laws 2009, chapter 93, article 1, section 21, subdivision 2, is reduced by $5,780,000.

 

Sec. 28.  Minnesota Statutes 2008, section 16A.105, is amended to read:

 

16A.105 DEBT CAPACITY FORECAST. 

 

In February and November of each year the commissioner shall prepare a debt capacity forecast to be delivered to the governor and legislature according to with the November forecast of state revenue and expenditures required by section 16A.103, subdivision 1.  The debt capacity forecast must include statements of the indebtedness of the


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state for bonds, notes, and other forms of long-term general obligation indebtedness.  The forecast must show the actual amount of the debt service for at least the past two completed fiscal years, and the estimated amount for the current fiscal year and the next six fiscal years, and the debt authorized and unissued, and the borrowing capacity for the next six fiscal years.

 

Sec. 29.  Minnesota Statutes 2008, section 16A.501, is amended to read:

 

16A.501 REPORT ON EXPENDITURE OF BOND PROCEEDS. 

 

(a) The commissioner of management and budget must report annually to the legislature on the degree to which entities receiving appropriations for capital projects in previous omnibus capital improvement acts have encumbered or expended that money.  The report must be submitted to the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee by January 1 of each year.

 

(b) The commissioner of management and budget must report by January 15 of each year to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over capital investment, finance, and ways and means, on the amount and percentage of each agency's capital appropriation that is used to pay for the costs of staff directly attributable to capital programs or projects funded with state general obligation bond proceeds.  The report must also include information on agencies' compliance with the commissioner's policies governing the use of general obligation bond proceeds to pay staff costs and any changes to the commissioner's policies.

 

Sec. 30.  Minnesota Statutes 2009 Supplement, section 16A.647, subdivision 1, is amended to read:

 

Subdivision 1.  Authority to issue.  When authorized by law to issue state general obligation bonds or state 911 revenue bonds under section 403.275, the commissioner may issue all or part of the bonds as tax credit bonds or as interest subsidy bonds or a combination of the two.

 

Sec. 31.  Minnesota Statutes 2009 Supplement, section 16A.647, subdivision 5, is amended to read:

 

Subd. 5.  Sale; certain costs of issuance.  Tax credit bonds and interest subsidy bonds must be sold at a price not less than 98 percent of their stated principal amount.  No state trunk highway bond may be sold for a price of less than par and accrued interest.  When the commissioner determines to issue tax credit bonds or interest subsidy bonds to achieve a net present value debt service savings over tax-exempt bonds, the commissioner may issue an additional principal amount of bonds, not to exceed two percent of the principal amount of bonds otherwise authorized by law to be issued, to pay the costs of investment banking and banking services related to the sale or placement of the bonds, provided the additional issuance will not cause an increase in the general fund debt service transfer for the biennium during which the bonds are sold, as estimated by the commissioner.  The proceeds are appropriated for this purpose.

 

Sec. 32.  Minnesota Statutes 2008, section 16A.66, subdivision 2, is amended to read:

 

Subd. 2.  Special provisions for sale and issuance.  Refunding bonds may be sold publicly, or directly to the State Board of Investment without bids, or may be exchanged for bonds refunded by agreement with their holders.  The refunding bonds must be prepared, executed, delivered, and secured in the same way as the refunded bonds.  The proceeds of refunding bonds may be deposited, invested, and applied to accomplish the refunding as provided in section 475.67, subdivisions 5 to 10, and 13.  Bids for the securities to be purchased for the escrow account may be secured, at the commissioner's election, either through the State Board of Investment or a suitable financial institution.  The interest rate on refunding bonds may exceed that on the refunded bonds if the purpose of refunding is to extend the maturities and to reduce the amount needed annually to pay and to secure the debt. 


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Sec. 33.  [16B.327] RECYCLING CONSTRUCTION AND DEMOLITION WASTE FROM STATE BUILDINGS; REQUIREMENT. 

 

The commissioner of administration shall require in contracts for the construction, renovation, or demolition of a state building that the contractor and any subcontractor must divert from deposit in a landfill and must recycle at least 50 percent of the nonhazardous construction and demolition waste, measured by tonnage or volume, produced by the project or demonstrate that the waste was delivered to construction and demolition waste recycling facilities that maintain a 50 percent annual recycling rate.  This requirement applies to state building construction, renovation, or demolition projects receiving funding from the bond proceeds fund after January 1, 2010, meeting the following requirements:  (1) construction and renovation projects of $5,000,000 or more; and (2) all demolition projects located within 40 miles of a recycling facility that can process the applicable building materials.

 

Sec. 34.  Minnesota Statutes 2008, section 16B.335, subdivision 1, is amended to read:

 

Subdivision 1.  Construction and major remodeling.  (a) The commissioner, or any other recipient to whom an appropriation is made to acquire or better public lands or buildings or other public improvements of a capital nature, must not prepare final plans and specifications for any construction, major remodeling, or land acquisition in anticipation of which the appropriation was made until the agency that will use the project has presented the program plan and cost estimates for all elements necessary to complete the project to the chair of the senate Finance Committee and the chair of the house of representatives Ways and Means Committee and the chairs have made their recommendations, and the chair of the house of representatives Capital Investment Committee is notified. "Construction or major remodeling" means construction of a new building, a substantial addition to an existing building, or a substantial change to the interior configuration of an existing building.  The presentation must note any significant changes in the work that will be done, or in its cost, since the appropriation for the project was enacted or from the predesign submittal.  The program plans and estimates must be presented for review at least two weeks before a recommendation is needed.  The recommendations are advisory only.  Failure or refusal to make a recommendation is considered a negative recommendation.  The chairs of the senate Finance Committee and the house of representatives Capital Investment and Ways and Means Committees must also be notified whenever there is a substantial change in a construction or major remodeling project, or in its cost.

 

(b) Capital projects exempt from the requirements of this subdivision include demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the commissioner of transportation has entered into an assistance agreement under section 457A.04, ice centers, a local government project with a construction cost of less than $1,500,000, or any other capital project with a construction cost of less than $750,000.

 

Sec. 35.  [16B.355] COOPERATIVE LOCAL FACILITIES GRANTS. 

 

Subdivision 1.  Grants authorized.  The commissioner shall make grants to counties, cities, towns, and school districts to acquire, construct, or renovate public land and buildings and other public improvements of a capital nature for cooperative facilities to be owned and operated by the grantees.

 

Subd. 2.  Match.  A grant under this section may not be made until the commissioner has determined that at least 30 percent of the total project cost has been committed to the project from nonstate sources.

 

Subd. 3.  Amount.  No more than one-third of the amount appropriated by any one appropriation act may be granted to any one project.


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Subd. 4.  Application.  (a) To be eligible to receive a grant, the grant application must be made to the commissioner on behalf of any combination of at least three counties, cities, towns, or school districts.  The grant applicants must have entered into a joint powers agreement and formed a joint powers board under section 471.59 to govern the facilities.  The joint powers board must approve the application by resolution.

 

(b) The grant application must demonstrate that acquisition, construction, or renovation of the cooperative facilities will improve the delivery of services by the grant applicants and will generate savings to the applicants in operating their buildings and programs.

 

(c) The commissioner shall prescribe and provide the application form.  The application must include at least the following information:

 

(1) identification of the facilities;

 

(2) a plan for the facilities;

 

(3) a description of how the facilities will improve the delivery of governmental services by the applicants;

 

(4) a detailed estimate, along with necessary supporting evidence, of the total costs for the facilities;

 

(5) an estimate of the dates when the facilities for which the grant is requested will be contracted for and completed;

 

(6) a detailed estimate, along with necessary supporting evidence, of the savings in operating costs of buildings and programs that the project will generate;

 

(7) the manner in which the applicants will meet the local match requirement; and

 

(8) any additional information or material the commissioner prescribes.

 

Subd. 5.  Priority.  The commissioner, in consultation with the commissioner of management and budget and the commissioners of other state departments, as appropriate, shall give priority to projects that demonstrate a significant increase in cooperation as measured by one or more of the following criteria:

 

(1) improved quality, access, transparency, or level of service to citizens;

 

(2) fundamental change in the organization of service delivery;

 

(3) substantial savings in operating costs; or

 

(4) positive return on investment over the life of the facility.

 

Subd. 6.  Geographic distribution.  At least half the money provided as grants each fiscal biennium must be for projects located outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2.

 

Sec. 36.  Minnesota Statutes 2008, section 85.015, is amended by adding a subdivision to read:

 

Subd. 28.  Camp Ripley/Veterans State Trail.  The trail shall originate at Crow Wing State Park in Crow Wing County at the southern end of the Paul Bunyan Trail and shall extend from Crow Wing State Park westerly to the city of Pillager, then southerly along the west side of Camp Ripley, then easterly along the south side of Camp Ripley across to the east side of the Mississippi River, and then northerly through Fort Ripley to Crow Wing State


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Park.  A second segment of the trail shall be established that shall extend in a southerly direction and in close proximity to the Mississippi River from the southeasterly portion of the first segment of the trail to the city of Little Falls, and then terminate at the Soo Line Trail in Morrison County.

 

Sec. 37.  Minnesota Statutes 2008, section 103F.161, subdivision 3, is amended to read:

 

Subd. 3.  Red River basin flood mitigation projects.  Notwithstanding subdivision 2, a grant for implementation of a flood hazard mitigation project in the Red River basin that is consistent with the 1998 mediation agreement and approved by the Red River flood damage reduction work group may be for up to 75 percent of the cost of the proposed mitigation measures for the Agassiz-Audubon, North Ottawa, Hay Creek, and Thief River subwatershed projects.

 

Sec. 38.  Minnesota Statutes 2008, section 103F.515, is amended by adding a subdivision to read:

 

Subd. 10.  Use for mitigation prohibited.  Money made available under the reinvest in Minnesota reserve program may not be used for environmental regulatory or wetland mitigation purposes required under federal or state law.

 

Sec. 39.  Minnesota Statutes 2008, section 116J.435, as amended by Laws 2009, chapter 35, sections 1 and 2, and Laws 2009, chapter 78, article 2, section 12, is amended to read:

 

116J.435 BIOSCIENCE INNOVATIVE BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT PROGRAM. 

 

Subdivision 1.  Creation of account.  A bioscience An innovative business development public infrastructure account is created in the bond proceeds fund.  Money in the account may only be used for capital costs of public infrastructure for eligible bioscience innovative business development projects.

 

Subd. 2.  Definitions.  For purposes of this section:

 

(1) "local governmental unit" means a county, city, town, special district, public higher education institution, or other political subdivision or public corporation;

 

(2) "governing body" means the council, board of commissioners, board of trustees, board of regents, or other body charged with governing a local governmental unit;

 

(3) "public infrastructure" means publicly owned physical infrastructure in this state, including, but not limited to, wastewater collection and treatment systems, drinking water systems, storm sewers, utility extensions, telecommunications infrastructure, streets, roads, bridges, parking ramps, facilities that support basic science technology and clinical research, and research infrastructure; and

 

(4) "innovative business" means a business that is engaged in, or is committed to engage in, innovation in Minnesota in one of the following:  using proprietary technology to add value to a product, process, or service in a high technology field; researching or developing a proprietary product, process, or service in a high technology field; researching, developing, or producing a new proprietary technology for use in the fields of tourism, forestry, mining, transportation, or green manufacturing;

 

(5) "proprietary technology" means the technical innovations that are unique and legally owned or licensed by a business and includes, without limitation, those innovations that are patented, patent pending, a subject of trade secrets, or copyrighted; and


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(4) (6) "eligible project" means a bioscience an innovative business development capital improvement project in this state, including:  manufacturing; technology; warehousing and distribution; research and development; bioscience innovative business incubator; agricultural bioprocessing processing; or industrial, office, or research park development that would be used by a bioscience-based an innovative business.

 

Subd. 3.  Grant program established.  (a) The commissioner shall make competitive grants to local governmental units to acquire and prepare land on which public infrastructure required to support an eligible project will be located, including demolition of structures and remediation of any hazardous conditions on the land, or to predesign, design, acquire, construct, furnish, and equip public infrastructure required to support an eligible project.  The local governmental unit receiving a grant must provide for the remainder of the public infrastructure costs from other sources.  The commissioner may waive the requirements related to an eligible project under subdivision 2 if a project would be eligible under this section but for the fact that its location requires infrastructure improvements to residential development.

 

(b) The amount of a grant may not exceed the lesser of the cost of the public infrastructure or 50 percent of the sum of the cost of the public infrastructure plus the cost of the completed eligible project.

 

(c) The purpose of the program is to keep or enhance jobs in the area, increase the tax base, or to expand or create new economic development through the growth of new bioscience innovative businesses and organizations.

 

Subd. 4.  Application.  (a) The commissioner must develop forms and procedures for soliciting and reviewing applications for grants under this section.  At a minimum, a local governmental unit must include the following information in its application:

 

(1) a resolution of its governing body certifying that the money required to be supplied by the local governmental unit to complete the public infrastructure is available and committed;

 

(2) a detailed estimate, along with necessary supporting evidence, of the total development costs for the public infrastructure and eligible project;

 

(3) an assessment of the potential or likely use of the site for bioscience innovative business activities after completion of the public infrastructure and eligible project;

 

(4) a timeline indicating the major milestones of the public infrastructure and eligible project and their anticipated completion dates;

 

(5) a commitment from the governing body to repay the grant if the milestones are not realized by the completion date identified in clause (4); and

 

(6) any additional information or material the commissioner prescribes.

 

(b) The determination of whether to make a grant under subdivision 3 is within the discretion of the commissioner, subject to this section.  The commissioner's decisions and application of the priorities are not subject to judicial review, except for abuse of discretion.

 

Subd. 5.  Priorities.  (a) If applications for grants exceed the available appropriations, grants must be made for public infrastructure that, in the commissioner's judgment, provides the highest return in public benefits for the public costs incurred. "Public benefits" include job creation, environmental benefits to the state and region, efficient use of public transportation, efficient use of existing infrastructure, provision of affordable housing, multiuse development that constitutes community rebuilding rather than single-use development, crime reduction, blight reduction, community stabilization, and property tax base maintenance or improvement.  In making this judgment, the commissioner shall give priority to eligible projects with one or more of the following characteristics:

 

(1) the potential of the local governmental unit to attract viable bioscience innovative businesses;


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(2) proximity to public transit if located in a metropolitan county, as defined in section 473.121, subdivision 4;

 

(3) multijurisdictional eligible projects that take into account the need for affordable housing, transportation, and environmental impact;

 

(4) the eligible project is not relocating substantially the same operation from another location in the state, unless the commissioner determines the eligible project cannot be reasonably accommodated within the local governmental unit in which the business is currently located, or the business would otherwise relocate to another state or country; and

 

(5) the number of jobs that will be created.

 

(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the commissioner may weigh each factor, depending upon the facts and circumstances, as the commissioner considers appropriate.

 

Subd. 6.  Cancellation of grant.  If a grant is awarded to a local governmental unit and funds are not encumbered for the grant within four years after the award date, the grant must be canceled.

 

Subd. 7.  Repayment of grant.  If an eligible project supported by public infrastructure funded with a grant awarded under this section is not occupied by a bioscience an innovative business in accordance with the grant application under subdivision 4 within five years after the date of the last grant payment, the grant recipient must repay the amount of the grant received.  The commissioner must deposit all money received under this subdivision into the state treasury and credit it to the debt service account in the state bond fund.

 

Sec. 40.  Minnesota Statutes 2008, section 174.50, subdivision 6, is amended to read:

 

Subd. 6.  Grant rules criteria; rulemaking.  Procedures for application for grants from the fund, conditions for their administration, and criteria for priority, unless established in the laws authorizing the grants, shall be established by rules of the Department of Transportation consistent with those laws. The commissioner of transportation shall adopt rules consistent with this section that establish criteria for determining priorities and amounts of grants shall, which must be based on consideration of:

 

(1) effectiveness of the project in eliminating a deficiency in the transportation system;

 

(2) number of persons affected by the deficiency;

 

(3) economic feasibility;

 

(4) effect on optimum land use and other concerns of state and regional planning;

 

(5) availability of other financing capability; and

 

(6) adequacy of provision for proper operation and maintenance after construction.

 

Sec. 41.  Minnesota Statutes 2008, section 174.50, subdivision 7, is amended to read:

 

Subd. 7.  Rules for administering funds and grants Program administration; rulemaking.  (a) The commissioner of transportation shall develop rules, procedures for application for grants, conditions of grant administration, standards, and criteria, including bridge specifications, in cooperation with road authorities of political subdivisions, for use in the administration of funds appropriated to the commissioner and for the administration of grants to subdivisions.


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(b) The maximum use of standardized bridges is encouraged.  Regardless of the size of the existing bridge, a bridge or replacement bridge is eligible for assistance from the state transportation fund if a hydrological survey indicates that the bridge or replacement bridge must be ten feet or more in length.

 

(c) As part of the standards or rules, the commissioner shall, in consultation with local road authorities, establish a minimum distance between any two bridges that cross over the same river, stream, or waterway, so that only one of the bridges is eligible for a grant under this section.  As appropriate, the commissioner may establish exceptions from the minimum distance requirement or procedures for obtaining a variance.

 

(d) Funds appropriated to the commissioner from the Minnesota state transportation fund shall be segregated from the highway tax user distribution fund and other funds created by article XIV of the Constitution.

 

Sec. 42.  Minnesota Statutes 2008, section 256E.37, subdivision 1, is amended to read:

 

Subdivision 1.  Grant authority.  The commissioner may make grants to state agencies and political subdivisions to construct or rehabilitate facilities for early childhood programs, crisis nurseries, or parenting time centers.  The following requirements apply:

 

(1) The facilities must be owned by the state or a political subdivision, but may be leased under section 16A.695 to organizations that operate the programs.  The commissioner must prescribe the terms and conditions of the leases.

 

(2) A grant for an individual facility must not exceed $300,000 $500,000 for each program that is housed in the facility, up to a maximum of $750,000 $2,000,000 for a facility that houses three programs or more.  Programs include Head Start, School Readiness, Early Childhood Family Education, licensed child care, and other early childhood intervention programs.

 

(3) State appropriations must be matched on a 50 percent basis with nonstate funds.  The matching requirement must apply program wide and not to individual grants.

 

Sec. 43.  Minnesota Statutes 2008, section 256E.37, subdivision 2, is amended to read:

 

Subd. 2.  Grant priority.  (a) The commissioner must give priority to:

 

(1) projects in counties or municipalities with the highest percentage of children living in poverty;

 

(2) grants that involve collaboration among sponsors of programs under this section; and

 

(3) where feasible, grants for programs that utilize Youthbuild under sections 116L.361 to 116L.366 for at least 25 percent of each grant awarded or $50,000 of the labor portion of the construction, whichever is less, if:

 

(i) the work is appropriate for Youthbuild, as mutually agreed upon by the grantee and the local Youthbuild program, considering safety and skills needed;

 

(ii) it is demonstrated by Youthbuild that using Youthbuild will not increase the overall cost of the project; and

 

(iii) eligible programs consult with appropriate labor organizations to deliver education and training.

 

(b) The commissioner may give priority to:


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(1) projects that collaborate with child care providers, including all-day and school-age child care programs, special needs care, sick child care, nontraditional hour care, and programs that include services to refugee and immigrant families; and

 

(2) grants for programs that will increase their child care workers' wages as a result of the grant; and

 

(3) projects that will improve the quality of early childhood programs.

 

Sec. 44.  Minnesota Statutes 2008, section 403.275, subdivision 2, is amended to read:

 

Subd. 2.  Procedure; certain costs of issuance.  (a) The commissioner may sell and issue the bonds on the terms and conditions the commissioner determines to be in the best interests of the state.  The bonds may be sold at public or private sale.  The commissioner may enter any agreements or pledges the commissioner determines necessary or useful to sell the bonds that are not inconsistent with sections 403.21 to 403.40.  Sections 16A.672 to 16A.675 apply to the bonds.  The commissioner may issue all or part of the bonds as tax credit bonds or as interest subsidy bonds under section 16A.647 or a combination of the two.  Except for amounts appropriated to pay the costs of investment banking and banking services under section 16A.647, the proceeds of the bonds issued under this section must be credited to a special 911 revenue bond proceeds account in the state treasury.

 

(b) Before the proceeds are received in the 911 revenue bond proceeds account, the commissioner of management and budget may transfer to the account from the 911 emergency telecommunications service account amounts not exceeding the expected proceeds from the next bond sale.  The commissioner of management and budget shall return these amounts to the 911 emergency telecommunications service account by transferring proceeds when received.  The amounts of these transfers are appropriated from the 911 emergency telecommunications service account and from the 911 revenue bond proceeds account.

 

Sec. 45.  Minnesota Statutes 2008, section 462A.36, subdivision 2, is amended to read:

 

Subd. 2.  Authorization.  (a) The agency may issue up to $30,000,000 $36,000,000 of nonprofit housing bonds in one or more series to which the payments made under this section may be pledged.  The nonprofit housing bonds authorized in this subdivision may be issued for the purpose of making loans, on terms and conditions the agency deems appropriate, to finance the costs of the construction, acquisition, preservation, and rehabilitation of permanent supportive housing for individuals and families who:  (1) either have been without a permanent residence for at least 12 months or at least four times in the last three years; or (2) are at significant risk of lacking a permanent residence for 12 months or at least four times in the last three years.  The bonds may also be issued to finance the costs of the construction, acquisition, preservation, and rehabilitation of foreclosed or vacant housing to be used for affordable rental housing.

 

(b) An insubstantial portion of the bond proceeds may be used for permanent supportive housing for individuals and families experiencing homelessness who do not meet the criteria of paragraph (a).

 

      Sec. 46.  Laws 2005, chapter 20, article 1, section 19, subdivision 4, is amended to read:

 

      Subd. 4.  Red Rock Corridor Transit Way                                                                                                             500,000

 

For preliminary engineering and environmental review, acquisition of real property or interests in real property, and construction of the Red Rock corridor transit way from Hastings through St. Paul to Minneapolis.

 

This appropriation may not be spent for capital improvements within a trunk highway right-of-way.


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      Sec. 47.  Laws 2005, chapter 20, article 1, section 23, subdivision 12, as amended by Laws 2006, chapter 171, section 2, and Laws 2006, chapter 258, section 50, is amended to read:

 

      Subd. 12.  Bioscience Development                                                                                                                    18,500,000

 

For grants to political subdivisions to predesign, design, acquire, construct, furnish, and equip publicly owned infrastructure required to support bioscience development in this state.

 

$2,500,000 is for a grant to the city of Worthington.

 

$14,000,000 cumulatively is for grants to the counties of Ramsey and Anoka for public improvements to the portion of County Road J located within each county, and for road and bridge improvement costs at marked Trunk Highway 36 and Rice Street in Ramsey County in support of bioscience business development.  This amount may be used to repay loans the proceeds of which were used for the public improvement.  The grants to the individual counties shall be in amounts proportionate to the individual counties' costs associated with the public improvements.

 

$2,000,000 is for bioscience business development public infrastructure grants under new Minnesota Statutes, section 116J.435.

 

      Sec. 48.  Laws 2006, chapter 258, section 5, subdivision 3, is amended to read:

 

      Subd.  3.  Frechette Hall Asset Preservation                                                                                                            25,000

 

To begin to design the renovation of Frechette Hall, including a new electrical system, new HVAC system, new windows, plumbing upgrades, removal of the fireplace and sunken seating in the commons area, addition of recreational space for students to utilize during inclement weather, and repair of the Scout Cabin.  For asset preservation on either campus of the academies, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

      Sec. 49.  Laws 2006, chapter 258, section 8, subdivision 4, is amended to read:

 

      Subd. 4.  Koochiching Renewable Energy Clean Air Project (RECAP)                                                                                                                      2,500,000

 

For a grant to Koochiching County to prepare a site for and or the Koochiching Development Authority to design, construct, and equip a plasma torch gasification facility that converts municipal solid waste into energy and slag, reducing the need to dispose of the waste in a landfill.

 

After the design has been completed, this appropriation may be used for any or all or any combination of the following:  (1) to upgrade an existing waste transfer station in Koochiching County


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to serve the facility by performing site work, construction, or placement of equipment; or (2) to prepare a site for or to construct or equip a portion of the plasma torch gasification facility.

 

This appropriation, or any portion of it, is not available until the commissioner has determined that at least an equal amount has been committed to the project as matched, dollar for dollar, with money from nonstate sources.

 

      Sec. 50.  Laws 2006, chapter 258, section 17, subdivision 5, is amended to read:

 

      Subd.  5.  Red Rock corridor transit way                                                                        500,000

 

For preliminary engineering and environmental review, acquisition of real property or interests in real property, and construction of the Red Rock corridor transit way between Hastings and Minneapolis via St. Paul.

 

      Sec. 51.  Laws 2006, chapter 258, section 21, subdivision 14, as amended by Laws 2008, chapter 179, section 66, is amended to read:

 

      Subd.  14.  Itasca County - infrastructure                                                                                                         12,000,000

 

For a grant to Itasca County for public infrastructure needed to support a steel plant in Itasca County and economic development projects in the surrounding area.  Grant money may be used by Itasca County and the Itasca County Regional Railroad Authority to acquire right-of-way and mitigate loss of wetlands and runoff of storm water, and to predesign, design, construct, and equip roads and rail lines,; and, in cooperation with Nashwauk Municipal Utility, may be used by the Nashwauk Public Utilities Commission to acquire right-of-way and mitigate loss of wetlands and runoff of storm water and to predesign, design, construct, and equip natural gas pipelines, electric infrastructure, water supply systems, and wastewater collection and treatment systems.  If the county determines that any of the listed uses are not needed, then the grant may be used for the remaining listed uses.

 

The public ownership requirement contained in article XI, section 5, paragraph (a), of the Minnesota Constitution may be satisfied by way of Itasca County, the Itasca County Regional Railroad Authority, or the Nashwauk Public Utilities Commission possessing the required ownership interest even though the grant is only to Itasca County.

 

Up to $4,000,000 of this appropriation may be spent before the full financing for either project has been closed.

 

      Sec. 52.  Laws 2008, chapter 152, article 2, section 3, subdivision 2, is amended to read:

 

      Subd. 2.  State Road Construction                                                                                                                 1,717,694,000


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(a) For the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts and consultant usage to support these activities.  This includes the cost of actual payments to landowners for lands acquired for highway rights-of-way, payments to lessees, interest subsidies, and relocation expenses.  This appropriation is in the following amounts:

 

(1) $417,694,000 in fiscal year 2009, and the commissioner may use up to $71,008,000 of this amount for program delivery;

 

(2) $500,000,000 in fiscal year 2010, and the commissioner may use up to $85,000,000 of this amount for program delivery; and

 

(3) $200,000,000 in each fiscal year for fiscal years 2011 and 2012, and the commissioner may use up to $34,000,000 of the amount in each fiscal year for program delivery; and

 

(4) $100,000,000 in each fiscal year for fiscal years 2011 through 2018 2013 through 2016, and the commissioner may use up to $17,000,000 of the amount in each fiscal year for program delivery.

 

(b) Of the amount in fiscal year 2009, $40,000,000 is for construction of interchanges involving a trunk highway, where the interchange will promote economic development, increase employment, relieve growing traffic congestion, and promote traffic safety.  The amount under this paragraph must be allocated 50 percent to the department's metropolitan district, and 50 percent to districts in greater Minnesota.

 

(c) Of the amount in fiscal years 2009 and 2010, the commissioner shall use $300,000,000 each year for predesign, design, preliminary engineering, right-of-way acquisition, construction, reconstruction, and maintenance of bridges in the trunk highway bridge improvement program under Minnesota Statutes, section 165.14.

 

(d) Of the total appropriation under this subdivision, the commissioner shall use at least $50,000,000 for accelerating transit facility improvements on or adjacent to trunk highways.

 

(e) Of the total appropriation under this subdivision provided to the Department of Transportation's district 7, the commissioner shall first expend funds as necessary to accelerate all projects that (1) are on a trunk highway classified as a medium priority interregional corridor, (2) are included in the district's long-range transportation plan, but are not included in the state transportation improvement program or the ten-year highway work plan, and (3) expand capacity from a two-lane highway to a freeway or expressway, as defined in Minnesota Statutes, section 160.02, subdivision 19.  The commissioner shall establish as the highest


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priority under this paragraph any project that currently has a final environmental impact statement completed.  The requirement under this paragraph does not change the department's funding allocation process or the amount otherwise allocated to each transportation district.

 

(f) The appropriation in this subdivision cancels as specified under Minnesota Statutes, section 16A.642, except that the commissioner of management and budget shall count the start of authorization for issuance of state bonds as the first day of the fiscal year specified under paragraph (a), clause (1), (2), (3), or (4), respectively, and not as the date of enactment of this subdivision.

 

      Sec. 53.  Laws 2008, chapter 179, section 5, subdivision 4, is amended to read:

 

      Subd. 4.  Mott Memorial Hall Technology Center                                                                                               100,000

 

To predesign the renovation of Mott Memorial Hall a technology center for the Minnesota State Academies.

 

      Sec. 54.  Laws 2008, chapter 179, section 7, subdivision 8, is amended to read:

 

      Subd. 8.  Mississippi River Aquatic Invasive Species Barrier                                                                           500,000

 

To predesign and, design, renovate, or construct an adequate barrier in the Mississippi River to prevent aquatic invasive species from migrating up river.  This money may be used by the commissioner to match available federal money and money from other states.  The commissioner must inform and work with affected federal and state agencies and local communities along the Mississippi River before constructing the river barrier.

 

      Sec. 55.  Laws 2008, chapter 179, section 7, subdivision 27, is amended to read:

 

      Subd. 27.  State Trail Acquisition, Rehabilitation, and Development                                                                                                                        15,320,000

 

To acquire land for and to construct and renovate state trails under Minnesota Statutes, section 85.015.

 

$970,000 is for the Chester Woods Trail from Rochester to Dover.

 

$700,000 is for the Casey Jones Trail.

 

$750,000 is for the Gateway Trail, to replace an at-grade crossing of the Gateway Trail at Highway 120 with a grade-separated crossing.

 

$1,600,000 is for the Gitchi-Gami Trail between Silver Bay and Tettegouche State Park.


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$1,500,000 is for the Great River Ridge Trail from Plainview to Elgin to Eyota.

 

$1,500,000 is for the Heartland Trail.

 

$500,000 is for the Mill Towns Trail from Lake Byllesby Park to Cannon Falls.

 

$150,000 is for the Mill Towns Trail within the city of Faribault.

 

$1,500,000 is for the Minnesota River Trail from Appleton to through Milan to the Marsh Lake Dam.

 

$2,000,000 is for the Paul Bunyan Trail from Walker to Guthrie.

 

$250,000 is for the Root River Trail from Preston to Forestville State Park.

 

$100,000 is for the Root River Trail, the eastern extension.

 

$250,000 is for the Root River Trail, the eastern extension Wagon Wheel.

 

$550,000 is to connect the Stagecoach Trail with the Douglas Trail in Olmsted County.

 

$3,000,000 is to rehabilitate state trails.

 

For any project listed in this subdivision that the commissioner determines is not ready to proceed, the commissioner may allocate that project's money to another state trail project in this subdivision.  The chairs of the house and senate committees with jurisdiction over environment and natural resources and legislators from the affected legislative districts must be notified of any changes.

 

      Sec. 56.  Laws 2008, chapter 179, section 21, subdivision 9, is amended to read:

 

      Subd. 9.  Itasca County - Steel Plant Infrastructure                                                                                       28,000,000

 

For a grant to Itasca County for public infrastructure needed to support a steel plant in Itasca County and economic development projects in the surrounding area.  Grant money may be used by Itasca County and the Itasca County Regional Railroad Authority to acquire right-of-way and mitigate loss of wetlands and runoff of storm water, and to predesign, design, construct, and equip roads and rail lines,; and in cooperation with may be used by the Nashwauk Municipal Utility, Public Utilities Commission to acquire right-of-way and mitigate loss of wetlands and runoff of storm water and to predesign, design, construct, and equip natural gas pipelines, electric infrastructure, water supply systems, and


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wastewater collection and treatment systems.  If the county determines that any of the listed uses are not needed, then the grant may be used for the remaining listed uses.

 

The public ownership requirement contained in article XI, section 5, paragraph (a), of the Minnesota Constitution may be satisfied by way of Itasca County, the Itasca County Regional Railroad Authority, or the Nashwauk Public Utilities Commission possessing the required ownership interest even though the grant is only to Itasca County.

 

      Sec. 57.  Laws 2008, chapter 365, section 4, subdivision 3, is amended to read:

 

      Subd. 3.  Old Cedar Avenue Bridge                                                                                                                      2,000,000

 

For a grant to the city of Bloomington for removal and replacement of to renovate the old Cedar Avenue bridge for bicycle commuters and recreational users.  This appropriation is added to the appropriation in Laws 2006, chapter 258, section 17, subdivision 8.

 

      Sec. 58.  Laws 2008, chapter 365, section 5, subdivision 2, is amended to read:

 

      Subd. 2.  Minneapolis Veterans Home Campus

 

(a) Building 9 Demolition                                                                                                                                              1,000,000

 

To demolish Building 9 and, relocate a water main serving the campus, and make associated site improvements and modifications necessary to complete the project.  This appropriation is to cover 100 percent of the cost of this portion of the project.

 

(b) New Nursing Facility                                                                                                                                                9,100,000

 

To design, construct, furnish, and equip a 100-bed nursing facility on the Minneapolis campus.

 

The appropriation is to cover the 35 percent state share of this portion of the project.

 

      Sec. 59.  Laws 2009, chapter 93, article 1, section 11, subdivision 5, is amended to read:

 

      Subd. 5.  Intercity Passenger Rail Projects                                                                                                       26,000,000

 

To implement capital improvements and betterments for intercity passenger rail projects as identified in the statewide freight and passenger rail plan under Minnesota Statutes, section 174.03, subdivision 1b, which are determined to be eligible for USDOT funding.  Notwithstanding any law to the contrary, a portion or phase of an intercity passenger rail project may be accomplished with one or more state appropriations, and an intercity passenger


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rail project need not be completed with any one appropriation.  Capital improvements and betterments include preliminary engineering, design, engineering, environmental analysis and mitigation, acquisition of land and right-of-way, and construction.  The commissioner may spend a portion of this appropriation to pay for costs of agency staff directly attributable to this capital project, consistent with the accounting policies adopted by the commissioner of management and budget.

 

Sec. 60.  Laws 2009, chapter 93, article 1, section 20, is amended to read:

 

Sec. 20.  BOND SALE SCHEDULE.

 

The commissioner of finance management and budget shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 2011, no more than $1,085,281,000 $957,002,000 will need to be transferred from the general fund to the state bond fund to pay principal and interest due and to become due on outstanding state general obligation bonds.  During the biennium, before each sale of state general obligation bonds, the commissioner of finance management and budget shall calculate the amount of debt service payments needed on bonds previously issued and shall estimate the amount of debt service payments that will be needed on the bonds scheduled to be sold.  The commissioner shall adjust the amount of bonds scheduled to be sold so as to remain within the limit set by this section.  The amount needed to make the debt service payments is appropriated from the general fund as provided in Minnesota Statutes, section 16A.641.

 

Sec. 61.  LEASE REVENUE; ST. CLOUD TECHNICAL COLLEGE. 

 

Notwithstanding Minnesota Statutes, section 16A.695, subdivision 2, the Board of Trustees of the Minnesota State Colleges and Universities shall pay the commissioner of management and budget one-third of the lease revenue received from the property acquired for St. Cloud Technical College pursuant to Laws 2006, chapter 258, section 3, subdivision 22, paragraph (c).  The commissioner shall deposit the amount received in the state bond fund to be used to pay, redeem, or defease bonds issued to finance the property in accordance with the commissioner's order authorizing their issuance.  The commissioner shall credit the board's total general obligation bond debt service assessment by an amount equal to the lease revenue it receives from the board under this section.

 

Sec. 62.  REPEALER. 

 

Laws 2009, chapter 93, article 1, section 45, is repealed.

 

Sec. 63.  EFFECTIVE DATE. 

 

Except as otherwise provided, this act is effective the day following final enactment."

 

Delete the title and insert:

 

"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; authorizing the sale of state bonds; modifying previous appropriations; appropriating money; amending Minnesota Statutes 2008, sections 16A.105; 16A.501; 16A.66, subdivision 2; 16B.335, subdivision 1; 85.015, by adding a subdivision; 103F.161, subdivision 3; 103F.515, by adding a subdivision; 116J.435, as amended; 174.50, subdivisions 6, 7; 256E.37, subdivisions 1, 2; 403.275, subdivision 2; 462A.36, subdivision 2; Minnesota Statutes 2009 Supplement, section 16A.647,


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subdivisions 1, 5; 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; Laws 2009, chapter 93, article 1, sections 11, subdivision 5; 20; proposing coding for new law in Minnesota Statutes, chapter 16B; repealing Laws 2009, chapter 93, article 1, section 45."

 

 

We request the adoption of this report and repassage of the bill.

 

House Conferees:  Alice Hausman, Jean Wagenius, Loren Solberg, Bev Scalze and Larry Howes.

 

Senate Conferees:  Keith Langseth, David Tomassoni, Sandra Pappas, Paul Koering and Ann lynch.

 

 

Hausman moved that the report of the Conference Committee on H. F. No. 2700 be adopted and that the bill be repassed as amended by the Conference Committee.

 

 

POINT OF ORDER

 

      Kohls raised a point of order pursuant to Joint Rule 2.06, paragraph 4, relating to Conference Committees.  The Speaker ruled the point of order not well taken.

 

 

      Kohls appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 83 yeas and 43 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Davnie

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hilty

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Juhnke

Kalin

Kath

Knuth

Koenen

Laine

Lenczewski

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher



Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7965

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Holberg

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

      Zellers moved that the House refuse to adopt the Conference Committee report on H. F. No. 2700, and that the bill be returned to the Conference Committee.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Zellers motion and the roll was called.  There were 52 yeas and 78 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Benson

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Emmer

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Hilty

Holberg

Juhnke

Kath

Kelly

Kiffmeyer

Kohls

Lanning

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Otremba

Peppin

Peterson

Rosenthal

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Sterner

Torkelson

Urdahl

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Anzelc

Atkins

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Kahn

Kalin

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Paymar

Pelowski

Poppe

Reinert

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      The motion did not prevail.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7966

      The question recurred on the Hausman motion that the report of the Conference Committee on H. F. No. 2700 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

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.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

`

      The question was taken on the repassage of the bill and the roll was called.  There were 85 yeas and 46 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson

Bigham

Bly

Brown

Brynaert

Bunn

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Doty

Eken

Falk

Faust

Fritz

Gardner

Greiling

Hansen

Hausman

Haws

Hayden

Hornstein

Hortman

Hosch

Howes

Huntley

Jackson

Johnson

Kahn

Kalin

Knuth

Koenen

Laine

Lanning

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Morgan

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Obermueller

Olin

Otremba

Paymar

Pelowski

Persell

Peterson

Poppe

Reinert

Rosenthal

Rukavina

Ruud

Sailer

Scalze

Sertich

Simon

Slawik

Slocum

Solberg

Sterner

Swails

Thao

Thissen

Tillberry

Wagenius

Ward

Welti

Winkler

Spk. Kelliher


 

 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, P.

Anderson, S.

Beard

Brod

Buesgens

Cornish

Davids

Dean

Demmer

Dettmer

Doepke

Downey

Drazkowski

Emmer

Garofalo

Gottwalt

Gunther

Hackbarth

Hamilton

Hilty

Holberg

Juhnke

Kath

Kelly

Kiffmeyer

Kohls

Loon

Mack

Magnus

McFarlane

McNamara

Murdock

Nornes

Peppin

Sanders

Scott

Seifert

Severson

Shimanski

Smith

Torkelson

Urdahl

Westrom

Zellers


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.


Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7967

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the following change in committee assignments:

 

      Commerce and Labor:  Delete the name of Hosch.

 

 

ADJOURNMENT

 

      Sertich moved that when the House adjourns today it adjourn until 10:30 a.m., Thursday, February 25, 2010.  The motion prevailed.

 

      Sertich moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 10:30 a.m., Thursday, February 25, 2010.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives

 

 



Journal of the House - 67th Day - Monday, February 22, 2010 - Top of Page 7968