Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 725

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2013

 

_____________________

 

TWENTY-THIRD DAY

 

Saint Paul, Minnesota, Thursday, March 7, 2013

 

 

      The House of Representatives convened at 3:00 p.m. and was called to order by Paul Thissen, Speaker of the House.

 

      Prayer was offered by Rabbi Lynn C. Liberman, Beth Jacob Congregation, Mendota Heights, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      Anderson, M.; Davids; Holberg; Huntley; Mariani and Slocum were excused.

 

      Zellers was excused until 3:20 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 88, A bill for an act relating to veterans; establishing a presumption of rehabilitation through a person's honorable military service following a prior offense; amending Minnesota Statutes 2012, section 364.03, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, line 13, delete "a" and insert "the person's most recent"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 98, A bill for an act relating to capital investment; appropriating money for public infrastructure for the Big Lake Area Sanitary District; authorizing the sale and issuance of state bonds.

 

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

 

      The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 112, A bill for an act relating to capital investment; appropriating money for Mighty Ducks grants for new or renovated air handling systems of indoor ice facilities; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2012, section 240A.09.

 

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

 

      The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 117, A bill for an act relating to capital investment; appropriating money for a grant to the city of Truman for a storm water project; authorizing the sale and issuance of state bonds.

 

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

 

      The report was adopted.


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Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 411, A bill for an act relating to crime; providing for forfeiture of money used or intended for use to facilitate a prostitution or sex trafficking offense; amending Minnesota Statutes 2012, section 609.5312, subdivision 1.

 

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

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 414, A bill for an act relating to state government; designating the month of April as Genocide Awareness and Prevention Month; proposing coding for new law in Minnesota Statutes, chapter 10.

 

Reported the same back with the following amendments:

 

Page 1, line 7, delete "(a)"

 

Page 1, delete lines 18 to 23, and insert "The state declares that in order to educate the public and help prevent future genocides, the governor may promote and encourage the observance of Genocide Awareness and Prevention Month."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 548, A bill for an act relating to public works; requiring the use or supply of American steel products on certain projects; proposing coding for new law in Minnesota Statutes, chapter 16B.

 

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

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 588, A bill for an act relating to health; requiring hospitals to provide staffing at levels consistent with nationally accepted standards; requiring reporting of staffing levels; proposing coding for new law in Minnesota Statutes, chapter 144.

 

Reported the same back with the following amendments:

 

Page 2, line 11, after "standards" insert "identified by the Department of Health as"


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Page 2, delete lines 17 to 32 and insert:

 

"(b) In the absence of an evidence-based standard established for a specific hospital care unit as provided in paragraph (a), the Department of Health shall review evidence-based research and develop a standard for those units.  In doing so, the Department of Health shall consult with the following organizations:

 

(1) the Minnesota Hospital Association;

 

(2) the Minnesota Nurses Association;

 

(3) the Minnesota Licensed Practical Nurse Association; and

 

(4) the Minnesota Medical Association.

 

Costs incurred by the state under this paragraph shall be funded with hospital licensing fees."

 

Page 4, after line 21, insert:

 

"Subd. 10.  Exception.  Notwithstanding subdivisions 3 to 9, critical access hospitals designated under section 144.1483, clause (9), are exempt from the requirements of this section."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Lesch from the Committee on Civil Law to which was referred:

 

H. F. No. 681, A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "the definition given in section 645.44" and insert "a natural person, corporation, limited liability company, partnership, organization, association, or other entity"

 

Page 1, line 24, reinstate the stricken language

 

Page 2, line 1, reinstate the stricken "abuse against the plaintiff, or (2)"

 

Page 2, line 2, delete ", corporation, organization, or other entity that is a cause of the plaintiff's damages" and insert "negligence"

 

Page 2, after line 2, insert:

 

"Subd. 4.  Not applicable to vicarious liability or respondeat superior claims.  This section does not apply to a claim based on vicarious liability or liability under the doctrine of respondeat superior.  This subdivision does not limit the availability of these claims under other law."


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Page 2, line 3, delete "4" and insert "5"

 

Page 2, delete lines 4 and 5 and insert:

 

"EFFECTIVE DATE; APPLICABILITY.  (a) This section is effective the day following final enactment and applies to conduct occurring on or after that date.

 

(b) Notwithstanding any other provision of law, in the case of conduct alleged to constitute sexual abuse against an individual under the age of 18, if the claim would otherwise be time-barred under a previous version of Minnesota Statutes, section 541.073, or other applicable statutes of limitations, a claim for injury based on that conduct may be filed no later than three years following the effective date of this section."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Finance and Policy.

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 697, A bill for an act relating to human services; establishing a Homeless Youth Task Force; proposing coding for new law in Minnesota Statutes, chapter 256.

 

Reported the same back with the following amendments:

 

Page 1, line 5, delete "[256.041]"

 

Page 1, line 11, before "proper" insert "exiting from the foster care system,"

 

Page 2, line 2, delete "and"

 

Page 2, line 4, delete the period and insert "; and"

 

Page 2, after line 4, insert:

 

"(7) representatives from counties."

 

Page 2, after line 7, insert:

 

"Subd. 5.  Statewide visible child plan.  The commissioners of education, health, housing finance, and human services shall jointly prepare a statewide plan to improve the well-being of children who are experiencing or have experienced homelessness, especially young children.  The plan shall also address issues experienced by children in families who are at risk of homelessness or who are living in unstable housing.  In preparing the plan, the commissioners shall utilize the recommendations of the Minnesota Visible Child Work Group authorized in Laws 2012, chapter 247, article 3, section 27.  The statewide plan shall be presented to the legislative committees having jurisdiction over education, health, housing finance, and human services by September 1, 2014."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.


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Dill from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 731, A bill for an act relating to natural resources; modifying commissioner's authority; modifying snowmobile registration; extending Matthew Lourey Trail; modifying certain fees; creating certain state park permit exemption; providing for duplicate cross-country ski pass; providing for wildlife rehabilitation permit exemption; modifying permitted uses in Cuyuna Country State Recreation Area; modifying penalties; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.027, by adding a subdivision; 84.774; 84.82, subdivision 3, by adding a subdivision; 84.8205, subdivision 1; 85.015, subdivision 13; 85.054, by adding a subdivision; 85.055, subdivision 1; 85.42; 97A.401, subdivision 3; Laws 1993, chapter 172, section 34, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 1, delete section 2

 

Page 2, delete sections 3 and 4

 

Page 3, delete section 5

 

Page 3, before line 34, insert:

 

"Sec. 2.  Minnesota Statutes 2012, section 84D.108, subdivision 2, is amended to read:

 

Subd. 2.  Permit requirements.  (a) Service providers must complete invasive species training provided by the commissioner and pass an examination to qualify for a permit.  Service provider permits are valid for three calendar years.

 

(b) A $50 application and testing fee is required for service provider permit applications.

 

(c) Persons working for a permittee must satisfactorily complete aquatic invasive species-related training provided by the commissioner, except as provided under paragraph (d).

 

(d) A person working for a permittee that is a resort need not complete the training under paragraph (c) if the water-related equipment or structures removed or installed by the person remain on property owned by the resort and are only removed from and placed into the same water of the state.  A permittee is responsible for the direct supervision of a person engaged under this paragraph.  For purposes of this paragraph, "resort" has the meaning given under section 157.15."

 

Page 6, delete section 11

 

Page 6, line 16, delete "10" and insert "7"

 

Renumber the sections in sequence and correct internal references

 

Amend the title as follows:

 

Page 1, lines 2 to 3, delete "modifying snowmobile registration;" and insert "providing for exemption for water-related service provider training;"

 

Page 1, delete line 6


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Page 1, line 7, delete "penalties;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Dill from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 742, A bill for an act relating to natural resources; modifying commissioner's authorities and duties; modifying definitions; modifying watercraft provisions; providing for certain license seizures; modifying game and fish license provisions; modifying trespass law; modifying requirements for taking game and fish; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.027, subdivision 13, by adding subdivisions; 86B.005, subdivision 18, by adding subdivisions; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.045, subdivision 1; 97A.051, subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4; 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; 97B.001, subdivisions 3, 4, 7; 97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.112; 97C.341; 97C.376, subdivision 3; repealing Minnesota Statutes 2012, section 97A.451, subdivision 4a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:

 

Subd. 13.  Game and fish rules.  (a) The commissioner of natural resources may adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized under:

 

(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and areas, to select hunters for areas, to provide for tagging and registration of game and fish, to prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife disease, to open or close bodies of water or portions of bodies of water for night bow fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;

 

(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng roots and wild rice and to restrict or prohibit harvesting in designated areas; and

 

(3) section 84D.12 to designate prohibited invasive species, regulated invasive species, unregulated nonnative species, and infested waters.

 

(b) If conditions exist that do not allow the commissioner to comply with sections 97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis based upon current biological and harvest data, the commissioner may adopt a rule under this subdivision by submitting the rule to the attorney general for review under section 97A.0455, publishing a notice in the State Register and filing the rule with the secretary of state and the Legislative Coordinating Commission, and complying with section 97A.0459, and including a statement of the emergency conditions and a copy of the rule in the notice.  The emergency conditions for opening a water body or portion of a water body for night bow fishing under this section may include the need to temporarily open the area to evaluate compatibility of the activity on that body of water prior to permanent rulemaking.  The notice may be published after it is received from the attorney general or five business days after it is submitted to the attorney general, whichever is earlier.


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(c) Rules adopted under paragraph (b) are effective upon publishing in the State Register and may be effective up to seven days before publishing and filing under paragraph (b), if:

 

(1) the commissioner of natural resources determines that an emergency exists;

 

(2) the attorney general approves the rule; and

 

(3) for a rule that affects more than three counties the commissioner publishes the rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a rule that affects three or fewer counties the commissioner publishes the rule once in a legal newspaper in each of the affected counties.

 

(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause (3), may not be effective earlier than seven days after publication.

 

(e) A rule published under paragraph (c), clause (3), may be effective the day the rule is published if the commissioner gives notice and holds a public hearing on the rule within 15 days before publication.

 

(f) The commissioner shall attempt to notify persons or groups of persons affected by rules adopted under paragraphs (b) and (c) by public announcements, posting, and other appropriate means as determined by the commissioner.

 

(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is effective for the period stated in the notice but not longer than 18 months after the rule is adopted.

 

Sec. 2.  Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision to read:

 

Subd. 19.  Federal law compliance.  Notwithstanding any law to the contrary, the commissioner may establish, by written order, policies for the use and operation of other power-driven mobility devices, as defined under Code of Federal Regulations, title 28, section 35.104, on lands and in facilities administered by the commissioner for the purposes of implementing the Americans with Disabilities Act, United States Code, title 42, section 12101 et seq.  These policies are exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

Sec. 3.  Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision to read:

 

Subd. 20.  Hunting licenses to critically ill persons.  The commissioner may allow critically ill persons to purchase, once in a lifetime, hunting licenses otherwise limited by a lottery drawing, which licenses allow for taking game within established hunting seasons or season frameworks.  The commissioner may provide the licenses to persons who are participating in a program for critically ill hunters sponsored by a nonprofit organization with expertise in providing hunting opportunities to hunters who are gravely ill or have physical disabilities.  The commissioner may provide licenses or permits otherwise limited by drawings, including wild turkey, deer, bear, prairie chicken, and wolf.  The commissioner may not allow the purchase of moose and elk licenses under this subdivision.  Deer licenses authorized by the commissioner under this subdivision may be for deer of either sex.

 

Sec. 4.  Minnesota Statutes 2012, section 84.922, subdivision 1a, is amended to read:

 

Subd. 1a.  Exemptions.  All-terrain vehicles exempt from registration are:

 

(1) vehicles owned and used by the United States, an Indian tribal government, the state, another state, or a political subdivision;


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(2) vehicles that are registered in another state or country that and have not been in this state for more than 30 consecutive days or that are registered by an Indian tribal government to a tribal member and have not been outside the tribal reservation boundary for more than 30 consecutive days;

 

(3) vehicles that:

 

(i) are owned by a resident of another state or country that does not require registration of all-terrain vehicles;

 

(ii) have not been in this state for more than 30 consecutive days; and

 

(iii) are operated on state and grant-in-aid trails by a nonresident possessing a nonresident all-terrain vehicle state trail pass;

 

(4) vehicles used exclusively in organized track racing events; and

 

(5) vehicles that are 25 years old or older and were originally produced as a separate identifiable make by a manufacturer.

 

EFFECTIVE DATE.  This section is effective January 1, 2014.

 

Sec. 5.  Minnesota Statutes 2012, section 84.9275, subdivision 1, is amended to read:

 

Subdivision 1.  Pass required; fee.  (a) A tribal member exempt from registration under section 84.922, subdivision 1a, clause (2), or a nonresident may not operate an all-terrain vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid nonresident all-terrain vehicle state trail pass in immediate possession.  The pass must be available for inspection by a peace officer, a conservation officer, or an employee designated under section 84.0835.

 

(b) The commissioner of natural resources shall issue a pass upon application and payment of a $20 fee.  The pass is valid from January 1 through December 31.  Fees collected under this section, except for the issuing fee for licensing agents, shall be deposited in the state treasury and credited to the all-terrain vehicle account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to counties and municipalities for all-terrain vehicle organizations to construct and maintain all-terrain vehicle trails and use areas.

 

(c) A nonresident all-terrain vehicle state trail pass is not required for:

 

(1) an all-terrain vehicle that is owned and used by the United States, another state, or a political subdivision thereof that is exempt from registration under section 84.922, subdivision 1a;

 

(2) a person operating an all-terrain vehicle only on the portion of a trail that is owned by the person or the person's spouse, child, or parent; or

 

(3) a nonresident operating an all-terrain vehicle that is registered according to section 84.922.

 

Sec. 6.  Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision to read:

 

Subd. 15a.  Rice boat.  "Rice boat" means a nonmotorized watercraft being used for harvesting wild rice.


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Sec. 7.  Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:

 

Subd. 18.  Watercraft.  "Watercraft" means any contrivance used or designed for navigation on water, except:

 

(1) a duck waterfowl boat during the duck waterfowl hunting season seasons;

 

(2) a rice boat during the harvest season; or

 

(3) a seaplane.

 

Sec. 8.  Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision to read:

 

Subd. 18a.  Waterfowl boat.  "Waterfowl boat" means a watercraft being used while hunting waterfowl.

 

Sec. 9.  Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:

 

Subd. 2.  Exemptions.  A watercraft license is not required for:

 

(1) a watercraft that is covered by a license or number in full force and effect under federal law or a federally approved licensing or numbering system of another state, and has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

 

(2) a watercraft from a country other than the United States that has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;

 

(3) a watercraft owned by the United States, an Indian tribal government, a state, or a political subdivision of a state, except watercraft used for recreational purposes;

 

(4) a ship's lifeboat;

 

(5) a watercraft that has been issued a valid marine document by the United States government;

 

(6) a duck waterfowl boat during duck waterfowl hunting season;

 

(7) a rice boat during the harvest season;

 

(8) a seaplane; and

 

(9) a nonmotorized watercraft ten feet in length or less; and

 

(10) a watercraft that is covered by a valid license or number issued by a federally recognized Indian tribe in the state under a federally approved licensing or numbering system and that is owned by a member of that tribe.

 

EFFECTIVE DATE.  Clause (10) is effective January 1, 2015.


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Sec. 10.  Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:

 

Subdivision 1.  Personal flotation or lifesaving devices.  (a) Watercraft and duck waterfowl boats using the waters of this state must be equipped with the number and type of personal flotation or lifesaving devices prescribed by the commissioner.

 

(b) The commissioner may not:

 

(1) require sailboards to be equipped with personal flotation or lifesaving devices; or

 

(2) require persons on sailboards to wear personal flotation or lifesaving devices or have them readily available.

 

Sec. 11.  Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:

 

Subd. 2.  Exempt watercraft.  A watercraft is not required to have a certificate of title if the watercraft is:

 

(1) owned by a manufacturer or dealer and held for sale;

 

(2) used by a manufacturer solely for testing;

 

(3) from a jurisdiction other than this state, temporarily using the waters of this state;

 

(4) owned by the United States, a state, this state, or a political subdivision;

 

(5) a duck waterfowl boat used only during duck waterfowl hunting season;

 

(6) a rice boat used only during the wild rice harvesting season;

 

(7) owned by a person, firm, or corporation operating a resort as defined in section 157.15 or a recreational camping area as defined in section 327.14, subdivision 8, except with respect to a previously titled watercraft; or

 

(8) watercraft manufactured prior to August 1, 1979.

 

Sec. 12.  Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:

 

Subd. 3.  Cooperative farming agreements.  On any public hunting, game refuge, wildlife management area, aquatic management area, or scientific and natural area lands, the commissioner may enter into written cooperative farming agreements on a sharecrop basis, without competitive bidding, for the purpose of wildlife and plant management.  Cooperative farming agreements may also be used to allow pasturing of livestock.  The agreements may provide for the bartering of a share of any crop, produced from these lands, for services or products that will enhance or benefit the management of state lands for plant and animal species.  Cooperative farming agreements pursuant to this section shall not be considered leases for tax purposes under section 272.01, subdivision 2, or 273.19.

 

Sec. 13.  Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:

 

Subdivision 1.  Seizure.  (a) An enforcement officer shall immediately seize the license of a person who unlawfully takes, transports, or possesses wild animals when the restitution value of the wild animals exceeds $500.  Except as provided in subdivisions 2, 4, and 5, the person may not use or obtain any license to take the same type of wild animals involved, including a duplicate license, until an action is taken under subdivision 6.  If the license seized under this paragraph was for a big game animal, the license seizure applies to all licenses to take big game issued to the individual.  If the license seized under this paragraph was for small game animals, the license seizure applies to all licenses to take small game issued to the individual.


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(b) In addition to the license seizure under paragraph (a), if the restitution value of the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other game and fish licenses held by the person shall be immediately seized.  Except as provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, including a duplicate license, until an action is taken under subdivision 6.

 

(c) A person may not take wild animals covered by a license seized under this subdivision until an action is taken under subdivision 6.

 

Sec. 14.  Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:

 

Subd. 6.  Taking deer; disabled veterans.  A person authorized to issue licenses must issue, without a fee, a license to take deer with firearms or by archery to a resident that is a veteran, as defined in section 197.447, and that has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.  The commissioner, upon request, must issue a permanent card documenting satisfactory evidence of 100 percent permanently disabled status.  The card serves as satisfactory evidence to obtain a license under this subdivision at all agent locations.

 

Sec. 15.  Minnesota Statutes 2012, section 97A.441, subdivision 6a, is amended to read:

 

Subd. 6a.  Taking small game; disabled veterans.  A person authorized to issue licenses must issue, without a fee, a license to take small game to a resident who is a veteran, as defined in section 197.447, and who has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.  The commissioner, upon request, must issue a permanent card documenting satisfactory evidence of 100 percent permanently disabled status.  The card serves as satisfactory evidence to obtain a license under this subdivision at all agent locations.

 

Sec. 16.  Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:

 

Subdivision 1.  Angling; Take a Kid Fishing Weekends.  (a) A resident age 16 years or older may take fish by angling without an angling or license and may take fish by spearing from a dark house without a spearing license and without a fish house or dark house license during one three-day consecutive period of the open water angling season and one three-day consecutive period of the ice angling season designated by rule of the commissioner if the resident is accompanied by a child who is under age 16.  The commissioner may, by written order published in the State Register, establish the three-day consecutive periods.  The written order is not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

(b) The commissioner shall may designate and publicize the three-day periods as "Take a Kid Fishing Weekend" for the open water angling season and "Take a Kid Ice Fishing Weekend" for the ice angling season.  The commissioner shall announce the date of each three-day weekend at least 30 days in advance of the date it occurs.

 

Sec. 17.  Minnesota Statutes 2012, section 97A.451, is amended by adding a subdivision to read:

 

Subd. 2a.  Residents age 16 or 17; spearing.  Residents age 16 or over and under age 18 may take fish by spearing without a spearing license but must possess a fishing license under section 97A.475, subdivision 6, clause (7).

 

Sec. 18.  Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:

 

Subd. 3.  Residents and nonresidents under age 16; small game.  (a) A resident or nonresident under age 16 may not obtain a small game license but may take small game by firearms or bow and arrow without a license if the resident or nonresident is:


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(1) age 14 or 15 and possesses a firearms safety certificate;

 

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or guardian;

 

(3) age 13, 14, or 15, and possesses an apprentice hunter validation, and is accompanied by a parent or guardian who possesses a small game license that was not obtained using an apprentice hunter validation as provided under section 97B.022; or

 

(4) age 12 or under and is accompanied by a parent or guardian.

 

(b) A resident under age 16 may take small game, other than wolves, by trapping without a small game license, but a resident 13 years of age or older must have a trapping license.  A resident under age 13 may trap small game, other than wolves, without a trapping license, but may not register fisher, otter, bobcat, or pine marten unless the resident is at least age five.  Any fisher, otter, bobcat, or pine marten taken by a resident under age five must be included in the limit of the accompanying parent or guardian.

 

(c) A resident or nonresident under age 13 must obtain a free turkey license to take turkey and may take a turkey without a firearms safety certificate if the resident or nonresident is accompanied by an adult parent or guardian who has a firearms safety certificate.

 

(d) A resident under age 13 may apply for a prairie chicken license and may take a prairie chicken without a firearms safety certificate if the resident is accompanied by an adult parent or guardian who has a firearms safety certificate.

 

Sec. 19.  Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:

 

Subd. 3b.  Nonresidents age 16 or over and under age 18; small game.  (a) A nonresident age 16 or over and under age 18 may take small game by firearms or archery and may obtain a small game license at the youth fee under section 97A.475, subdivision 3, paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate or an apprentice hunter validation as provided under section 97B.022.

 

(b) A nonresident under age 16 may take small game by firearms or archery and may obtain a small game license without paying the applicable fees under section 97A.475, subdivisions 3, 4, and 5, if the nonresident is:

 

(1) age 14 or 15 and possesses a firearms safety certificate;

 

(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or guardian; or

 

(3) age 12 or under and is accompanied by a parent or guardian.

 

Sec. 20.  Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:

 

Subd. 4.  Residents and nonresidents under age 13 16; big game.  (a) A resident or nonresident age 12, 13, 14, or 15 may not obtain a license to take big game unless the person possesses a firearms safety certificate or an apprentice hunter validation as provided under section 97B.022.  A nonresident age 12 or 13 must be accompanied by a parent or guardian to hunt big game.

 

(b) A resident or nonresident age ten or over and under age 13 11 must obtain a license under paragraph (c) and may take big game, provided the person is under the direct supervision of a parent or guardian where the parent or guardian is within immediate reach.


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(c) A resident or nonresident age ten or over and under age 13, 11, or 12 must obtain a license to take big game and may obtain the license without paying the fee required under section 97A.475, subdivision 2 or 3.

 

Sec. 21.  Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:

 

Subd. 5.  Nonresident youth; angling.  (a) A nonresident under age 16 may:

 

(1) take fish by angling without a license if a parent or guardian has a fishing license.  Fish taken by a nonresident under age 16 without a license must be included in the limit of the parent or guardian;

 

(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph (a), clause (8), and possess a limit of fish; or

 

(3) be included under a nonresident family angling license and possess a limit of fish.

 

(b) A nonresident age 16 or over and under age 18 must purchase a youth license to angle under section 97A.475, subdivision 7, paragraph (a), clause (8).

 

(c) Nonresidents age 16 or over and under age 18 may take fish by spearing without a spearing license but must possess a fishing license under section 97A.475, subdivision 7, paragraph (a), clause (8).

 

(d) Nonresidents under age 16 may take fish by spearing without a spearing or angling license.

 

(e) Limits for fish taken by spearing must comply with one of the options listed under paragraph (a).

 

Sec. 22.  Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:

 

Subd. 2.  Resident hunting.  Fees for the following licenses, to be issued to residents only, are:

 

(1) for persons age 18 or over and under age 65 to take small game, $15.50;

 

(2) for persons age 65 or over, $7 to take small game;

 

(3) for persons age 18 or over to take turkey, $26;

 

(4) for persons age 13 or over and under age 18 to take turkey, $5;

 

(5) for persons age 18 or over to take deer with firearms during the regular firearms season, $30;

 

(6) for persons age 18 or over to take deer by archery, $30;

 

(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $30;

 

(8) to take moose, for a party of not more than six persons, $356;

 

(9) to take bear, $44;

 

(10) to take elk, for a party of not more than two persons, $287;

 

(11) to take Canada geese during a special season, $4;


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(12) to take prairie chickens, $23;

 

(13) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season, $5;

 

(14) for persons age 13 or over and under age 18 to take deer by archery, $5;

 

(15) for persons age 13 or over and under age 18 to take deer by muzzleloader during the muzzleloader season, $5;

 

(16) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $19, of which an amount equal to:  one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited in the wildlife acquisition account;

 

(17) for persons age 16 or over and under age 18 to take small game, $5; and

 

(18) to take wolf, $30.;

 

(19) for persons age 12 and under to take turkey, no fee;

 

(20) for persons age 10, 11, or 12 to take deer by firearm, no fee;

 

(21) for persons age 10, 11, or 12 to take deer by archery, no fee; and

 

(22) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee.

 

Sec. 23.  Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:

 

Subd. 8.  Minnesota sporting; super sports.  (a) The commissioner shall issue Minnesota sporting licenses to residents only.  The licensee may take fish by angling and small game.  The fee for the license is:

 

(1) for an individual, $31.50; and

 

(2) for a combined license for a married couple to take fish and for one spouse to take small game, $45.50.

 

(b) The commissioner shall issue Minnesota super sports licenses to residents only.  The licensee may take fish by angling, including trout; small game, including pheasant and waterfowl; and deer by firearms or muzzleloader or by archery.  The fee for the super sports license, including all required stamp validations is:

 

(1) for an individual age 18 or over, $92.50 $86.50; and

 

(2) for a combined license for a married couple to take fish, including the trout and salmon stamp validation, and for one spouse to take small game, including pheasant and waterfowl, and deer, $118.50 $110.50.

 

(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according to section 97A.075, subdivisions 2, 3, and 4.

 

(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited according to section 97A.075, subdivision 1.


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Sec. 24.  Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:

 

Subd. 6.  Licenses to be sold and issuing fees.  (a) Persons authorized to sell licenses under this section must issue the following licenses for the license fee and the following issuing fees:

 

(1) to take deer or bear with firearms and by archery, the issuing fee is $1;

 

(2) Minnesota sporting, the issuing fee is $1;

 

(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing animals, the issuing fee is $1;

 

(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application requires a license purchase at the time of application and the license purchase requires an application fee;

 

(5) for a prairie chicken license, the issuing fee is $1;

 

(6) for a turkey license, the issuing fee is $1;

 

(7) for an elk license, the issuing fee is $1;

 

(8) for a moose license, the issuing fee is $1;

 

(9) for a wolf license, the issuing fee is $1;

 

(4) (10) for a stamp validation that is not issued simultaneously with a license, an issuing fee of 50 cents may be charged at the discretion of the authorized seller;

 

(5) (11) for stamp validations issued simultaneously with a license, there is no fee;

 

(6) (12) for licenses, seals, tags, or coupons issued without a fee under section 97A.441 or 97A.465, an the issuing fee of 50 cents may be charged at the discretion of the authorized seller is $1;

 

(7) (13) for lifetime licenses, there is no fee; and

 

(8) (14) for all other licenses, permits, renewals, or applications or any other transaction through the electronic licensing system under this chapter or any other chapter when an issuing fee is not specified, an issuing fee of 50 cents $1 may be charged at the discretion of the authorized seller.

 

(b) Only one issuing fee may be collected when selling more than one stamp in the same transaction after the end of the season for which the stamp was issued.

 

(c) The agent shall keep the issuing fee as a commission for selling the licenses.

 

(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.

 

(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a commission for selling the licenses.

 

(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:

 

(1) for licenses to take big game, 75 cents; and


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(2) for other licenses, 50 cents.

 

(g) The commissioner may issue one-day angling licenses in books of ten licenses each to fishing guides operating charter boats upon receipt of payment of all license fees, excluding the issuing fee required under this section.  Copies of sold and unsold licenses shall be returned to the commissioner.  The commissioner shall refund the charter boat captain for the license fees of all unsold licenses.  Copies of sold licenses shall be maintained by the commissioner for one year.

 

Sec. 25.  Minnesota Statutes 2012, section 97B.001, subdivision 3, is amended to read:

 

Subd. 3.  Remaining on land prohibited after notice.  Except as provided in subdivision 6, a person may not remain on or return to any land for outdoor recreation purposes after being orally told personally notified not to do so by the owner, occupant, or lessee.

 

Sec. 26.  Minnesota Statutes 2012, section 97B.001, subdivision 4, is amended to read:

 

Subd. 4.  Entering posted land prohibited; signs.  (a) Except as provided in subdivision 6, a person may not:

 

(1) enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lessee.  ; or

 

(2) knowingly enter, for outdoor recreation purposes, any land that is posted under this subdivision without first obtaining permission of the owner, occupant, or lessee.

 

A person who violates clause (2) is subject to the penalty provided in section 97A.315, subdivision 1, paragraph (b).

 

(b) The owner, occupant, or lessee of private land, or an authorized manager of public land may prohibit outdoor recreation on the land by posting signs once each year that:

 

(1) state "no trespassing" or similar terms;

 

(2) display letters at least two inches high;

 

(3) either:

 

(i) are signed by the owner, occupant, lessee, or authorized manager; or

 

(ii) include the legible name and telephone number of the owner, occupant, lessee, or authorized manager; and

 

(4) either:

 

(i) are at intervals of 1,000 feet or less along the boundary of the area, or in a wooded area where boundary lines are not clear, at intervals of 500 feet or less; or

 

(ii) mark the primary corners of each parcel of land and access roads and trails at the point of entrance to each parcel of land except that corners only accessible through agricultural land need not be posted.

 

(c) A person may not erect a sign that prohibits outdoor recreation or trespassing where the person does not have a property right, title, or interest to use the land.


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Sec. 27.  Minnesota Statutes 2012, section 97B.0215, is amended to read:

 

97B.0215 PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.

 

A parent or legal guardian of a minor may not knowingly direct, allow, or permit the minor to hunt without the required license, permit, training, or certification, or in violation of the game and fish laws.

 

Sec. 28.  Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:

 

Subd. 2.  Apprentice hunter validation requirements.  (a) A resident or nonresident born after December 31, 1979, who is age 12 or over and who does not possess a hunter education firearms safety certificate may be issued an apprentice hunter validation.  An apprentice hunter validation may be purchased two license years in a lifetime and used to obtain hunting licenses during the same license year that the validation is purchased.

 

(b) An individual in possession of an apprentice hunter validation may hunt small game, deer, and bear only when accompanied by an adult licensed to hunt who has a valid license to hunt the same species of game in Minnesota and whose license was not obtained using an apprentice hunter validation.

 

(c) When an individual in possession of an apprentice hunter validation is hunting turkey or prairie chicken under paragraph (b), the accompanying adult may be licensed for another permit area or time period but must be licensed for the same season as the apprentice hunter.  If the accompanying adult is not licensed for the same permit area or time period as the apprentice hunter, the accompanying adult may not shoot or possess a firearm or bow while accompanying the apprentice hunter under this paragraph.

 

(d) An apprentice hunter validation holder must obtain all required licenses and stamps.

 

Sec. 29.  Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:

 

Subd. 2.  Restrictions related to motor vehicles.  A person may not take a wild animal with a firearm or by archery from a motor vehicle except as permitted in this section.  Notwithstanding section 97B.091, a person may transport a bow uncased while in an electric motor-powered boat a motorized watercraft and may take rough fish while in the boat as provided in section 97C.376, subdivision 3.

 

Sec. 30.  Minnesota Statutes 2012, section 97B.071, is amended to read:

 

97B.071 BLAZE ORANGE REQUIREMENTS.

 

Subdivision 1.  Clothing requirements.  (a) Except as provided in rules adopted under paragraph (c), a person may not hunt or trap during the open season where deer may be taken by firearms under applicable laws and ordinances, unless the visible portion of the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange.  Blaze orange includes a camouflage pattern of at least 50 percent blaze orange within each foot square.  This section does not apply to migratory waterfowl hunters on waters of this state or in a stationary shooting location or to trappers on waters of this state.

 

(b) Except as provided in rules adopted under paragraph (c), and in addition to the requirement in paragraph (a), a person may not take small game other than turkey, migratory birds, raccoons, and predators, except while trapping, unless a visible portion of at least one article of the person's clothing above the waist is blaze orange.  This paragraph does not apply to a person when in a stationary location while hunting deer by archery or when hunting small game by falconry.


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(c) The commissioner may, by rule, prescribe an alternative color in cases where paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public Law 103-141.

 

(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by a safety warning.

 

Subd. 2.  Ground blinds.  A person may not hunt deer from a ground blind during the open season where deer may be taken by firearms unless the outside of the blind displays a minimum of 144 square inches of blaze orange material that is visible from all directions around the blind.

 

Sec. 31.  Minnesota Statutes 2012, section 97B.112, is amended to read:

 

97B.112 SPECIAL HUNTS FOR YOUTH.

 

The commissioner may by rule establish criteria, special seasons, and limits for youth and adult hunters to take big game and small game by firearms or archery in designated areas or times as part of the agency's overall effort in hunter recruitment and retention.  The criteria may also include provisions for an unlicensed adult to assist a youth hunter during a special season or special hunt established under this section.

 

Sec. 32.  Minnesota Statutes 2012, section 97C.341, is amended to read:

 

97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.

 

(a) A person may not use live minnows imported from outside of the state, game fish, goldfish, or carp for bait.  Notwithstanding paragraphs (b) and (d), the commissioner may, by written order published in the State Register, adopt rules to authorize the use of game fish eggs as bait in Lake Superior and its tributaries below the posted boundaries and prescribe restrictions on their use.  The order is exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply.

 

(b) A person may not import or possess live, frozen, or processed bait from known waters where viral hemorrhagic septicemia has been identified as being present:  (1) unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph (c).  For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates, and insects used for taking wild animals in waters of the state.

 

(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may be used as:

 

(1) fresh or frozen bait only on Lake Superior; or

 

(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a manner prescribed by rules adopted by the commissioner.

 

(d) To ensure that frozen or dead fish being brought into the state are not in violation of paragraph (b), the following paperwork must accompany the shipment.  Documents must be open for inspection by the commissioner at any reasonable time.  All documents must be available to purchasers of these bait items.  Each container or package of frozen or dead fish must have the following information:

 

(1) water body source;

 

(2) lot number;

 

(3) company contact including name, phone, and address;


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(4) date of packaging and labeling; and

 

(5) valid negative fish health certification from the source water body.

 

Sec. 33.  Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:

 

Subdivision 1.  Period when use prohibited.  Except as specifically authorized, a person may not take fish with a spear from the third Monday in February to April 30 with a spear, the Friday before the last Saturday in April and may not take fish with a fish trap, net, dip net, seine, or other device capable of taking fish from the third Monday in February to April 30.

 

Sec. 34.  Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:

 

Subd. 2.  Possession.  (a) Except as specifically authorized, a person may not possess a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any waters.  Possession includes personal possession and in a vehicle.

 

(b) A person may possess spears, dip nets, and spear guns allowed under section 97C.381 on or near waters between sunrise and sunset from May 1 to the last Sunday in February, or as otherwise prescribed by the commissioner.  A person may possess a spear on or near waters between sunrise and sunset from the last Saturday in April to the last Sunday in February, or as otherwise prescribed by the commissioner.

 

Sec. 35.  Minnesota Statutes 2012, section 97C.375, is amended to read:

 

97C.375 TAKING ROUGH FISH BY SPEARING.

 

(a) A resident or nonresident may take rough fish by spearing according to paragraph (b) and during the times, in waters, and in the manner prescribed by the commissioner.

 

(b) Suckers may be taken by spearing from the last Saturday in April through the last Sunday in February.

 

Sec. 36.  Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:

 

Subdivision 1.  Season.  (a) The regular bow fishing season for residents and nonresidents is from May 1 the last Saturday in April to the last Sunday in February at any time of the day.

 

(b) The early bow fishing season for residents and nonresidents is open only south of State Highway 210 from the Monday after the last Sunday in February to the Friday before the last Saturday in April at any time of the day.  During the early season, a person may bow fish:

 

(1) only from a boat; and

 

(2) only while on a lake or on the Mississippi, Minnesota, or St. Croix River.

 

Sec. 37.  Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:

 

Subd. 2.  Possession of bows and arrows.  A person may possess bows and arrows for the purposes of bow fishing on or within 100 feet of waters at any time from May 1 the last Saturday in April to the last Sunday in February and at other times on lakes and rivers south of State Highway 210 as specified in subdivision 1, paragraph (b), subject to local ordinances.  A person must take reasonable measures to retrieve arrows and wounded fish.


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Sec. 38.  Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:

 

Subd. 3.  Nighttime restrictions on motors.  (a) From sunset to sunrise, a person bow fishing with the assistance of a gasoline-powered motor must use a four-stroke engine powered generator.  the noise limits for total noise while bow fishing from sunset to sunrise shall must not exceed a noise level of 65 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner in a pass-by test or 67 decibels on the A scale measured at idle in a stationary test at least four feet above the water and at least four feet behind the transom of the motorboat being tested.

 

(b) The noise limits under paragraph (a) shall be determined under a test procedure approved by the commissioner under section 86B.321, subdivision 2.

 

(c) The noise limits in paragraph (a) do not preclude enforcement of other laws relating to motorboat noise.

 

(d) The noise levels under section 86B.321 apply to persons traveling to and from bow fishing sites from sunset to sunrise.

 

Sec. 39.  RULEMAKING; GAME FISH EGGS AS BAIT.

 

(a) The commissioner of natural resources shall amend Minnesota Rules, part 6262.0100, by adding a subpart to read:

 

"Spawn bags may be bought or sold only if the bags are made with:

 

A.  fish eggs from a licensed aquaculture facility; or

 

B.  fish eggs that are:

 

(1) legally taken from a source outside Minnesota that has been certified disease-free; and

 

(2) preserved and labeled as required under a bait preservation permit.  Records must be maintained as required for bait preservation permits."

 

(b) The commissioner of natural resources shall amend Minnesota Rules, part 6262.0300, subpart 5, to read:

 

"A. Except as provided in this subpart, the taking of fish for bait purposes from all Minnesota waters of Lake Superior and all waters of the St. Louis River downstream of the Fond du Lac Dam in St. Louis and Carlton Counties, including any and all outflows, estuaries, streams, creeks, or waters adjacent to or flowing into these waters is prohibited.

 

B. Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and 97C.341, paragraph (b), eggs from legally taken and possessed trout harvested from Lake Superior or its tributaries below the posted boundaries may be used to make spawn bags for bait as provided in this item and as authorized in Minnesota Statutes, section 97C.341, paragraph (a).  Spawn bags may be used only in Lake Superior and its tributaries below the posted boundaries and may be transported to and from Lake Superior or its tributaries below the posted boundaries."

 

(c) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.


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Sec. 40.  RULEMAKING; WILDLIFE RESTITUTION VALUE FOR SANDHILL CRANES.

 

(a) The commissioner of natural resources shall amend Minnesota Rules, part 6133.0030, by adding a new item establishing the wildlife restitution value of $200 for a sandhill crane.

 

(b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.

 

Sec. 41.  RULEMAKING; SPEARING ROUGH FISH.

 

The commissioner of natural resources shall amend Minnesota Rules, part 6262.0600, to make seasons for spearing rough fish consistent with the date changes in sections 33 to 37.  The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.

 

Sec. 42.  REVISOR'S INSTRUCTION.

 

The revisor of statutes shall replace the term "duck boat" with the term "waterfowl boat" where the term appears in Minnesota Rules, part 6110.1200, subpart 3.

 

Sec. 43.  REPEALER.

 

Minnesota Statutes 2012, sections 97A.451, subdivision 4a; and 97C.346, and Minnesota Rules, part 6264.0400, subpart 8, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to natural resources; modifying commissioner's authorities and duties; modifying definitions; modifying watercraft provisions; providing for certain license seizures; modifying game and fish license provisions; modifying trespass law; modifying requirements for taking game and fish; providing for certain all-terrain vehicle registration and watercraft license exemptions; modifying nonresident all-terrain vehicle state trail pass requirements; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.027, subdivision 13, by adding subdivisions; 84.922, subdivision 1a; 84.9275, subdivision 1; 86B.005, subdivision 18, by adding subdivisions; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.441, subdivisions 6, 6a; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision; 97A.475, subdivisions 2, 8; 97A.485, subdivision 6; 97B.001, subdivisions 3, 4; 97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.071; 97B.112; 97C.341; 97C.345, subdivisions 1, 2; 97C.375; 97C.376, subdivisions 1, 2, 3; repealing Minnesota Statutes 2012, sections 97A.451, subdivision 4a; 97C.346; Minnesota Rules, part 6264.0400, subpart 8."

 

 

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

 

      The report was adopted.


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Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 789, A bill for an act relating to higher education; establishing the Open Educational Resource Council; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [135A.27] OPEN EDUCATIONAL RESOURCE COUNCIL.

 

Subdivision 1.  Digital open source resources.  (a) For purposes of this section, the following terms have the meanings given them.

 

(b) "Digital open source resources" means educational materials that are:

 

(1) digital;

 

(2) modular;

 

(3) encoded in an Extensible Markup Language (XML) format or other appropriate successor format;

 

(4) designed to achieve operability on a range of platforms, including a range of operating systems and platforms such as tablets and smartphones;

 

(5) placed under a Creative Commons attribution license that allows individuals and entities to use, distribute, and create derivative works while still allowing the author of the textbook to receive credit for the author's work; and

 

(6) in conformity with Section 508 of the federal Rehabilitation Act of 1973 (United States Code, title 29, section 794d), as amended, and the latest version of the Web Content Accessibility Guidelines adopted by the World Wide Web Consortium.

 

(c) "Education materials" includes any material that is used by a faculty member of an institution of higher education as course material, including but not limited to textbooks, study guides, worksheets, journals, video, audio recordings, or massive open online courses.

 

Subd. 2.  Establishment of council; membership.  (a) The Open Educational Resource Council is established. 

 

(b) The council consists of the following 11 members:

 

(1) three faculty members from the University of Minnesota, appointed by the University of Minnesota faculty senate;

 

(2) three faculty members from the Minnesota State Colleges and Universities, appointed by the inter faculty organization;

 

(3) two faculty members from a state community college, appointed by the Minnesota State College Faculty;

 

(4) one faculty member from a state technical college, appointed by the Minnesota State College Faculty; and

 

(5) two faculty members from a Minnesota not-for-profit college or university, appointed by the Minnesota Private College Council.


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 748

(c) The director of the Office of Higher Education, or the director's designee, serves as a nonvoting, ex officio member of the council and shall provide necessary and appropriate administrative and technical support to the council.

 

(d) The appointments under paragraph (b) must be made by October 1, 2013.

 

(e) The council's membership terms, compensation, filling of vacancies, and removal of members are as provided in section 15.0575.

 

(f) In coordination with the director of the Office of Higher Education, the council may employ necessary staff to carry out the council's functions.

 

Subd. 3.  Duties.  (a) The council is responsible for carrying out the following duties:

 

(1) develop strategies to increase the use of digital open source resources;

 

(2) develop a program that offers faculty of the University of Minnesota, Minnesota State Colleges and Universities, and Minnesota not-for-profit colleges and universities the necessary skills to implement the use of digital open source resources into their coursework;

 

(3) develop, if possible, a working partnership with the University of Minnesota open textbook catalog to increase access to digital open source resources;

 

(4) locate digital open source resources for potential use by the University of Minnesota open textbook catalog;

 

(5) in partnership with the University of Minnesota open textbook catalog, create and administer a standardized, rigorous review process for digital open source resources.  This process shall ensure that all digital open source resources have been tested and validated as having met accessibility requirements for students with disabilities.  Digital open source resources and ancillary materials shall include documentation for students with disabilities that describes available accessibility features;

 

(6) develop and administer a Web site that allows individuals to search, learn about, and access digital open source resources; and

 

(7) regularly request and consider, from each of the respective statewide student associations of the University of Minnesota, the Minnesota State College Student Association, the Minnesota State University Student Association, and the Minnesota Association of Private College Students, advice and guidance on digital open source textbooks, including guidance and advice on issues related to the format, accessibility, and usability of digital open source textbooks.

 

(b) Nothing in this section mandates that faculty use any digital open source textbook.

 

Subd. 4.  Grants.  The council may apply for, receive, and spend in the council's own name grants and gifts of money consistent with the duties specified in this section. 

 

Sec. 2.  REPORTS.

 

The council must report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education on January 15, 2014, and January 15, 2015, on progress in carrying out the duties in section 1, subdivision 3.  The 2015 report must outline the council's plans to continue its work in the biennium beginning July 1, 2015.


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 749

Sec. 3.  APPROPRIATION.

 

$500,000 is appropriated from the general fund to the director of the Office of Higher Education to carry out the duties required under section 1."

 

Amend the title as follows:

 

Page 1, line 3, after the first semicolon, insert "requiring reports;"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Higher Education Finance and Policy.

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 796, A bill for an act relating to metropolitan government; providing a process for joint governance of certain entertainment facilities in Minneapolis and St. Paul.

 

Reported the same back with the following amendments:

 

Page 1, line 10, after "Minneapolis" insert ", and representatives from the primary professional sports team tenant of each facility,"

 

Page 2, after line 4, insert:

 

"(d) Representatives of the cities and the primary professional sports team tenants of each facility shall meet within 30 days of the effective date of this section to begin implementation of this section."

 

Page 2, line 10, delete everything after the period

 

Page 2, delete line 11

 

 

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

 

      The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 822, A bill for an act relating to capital investment; appropriating money for the Spirit Mountain Recreation Area Authority for water facilities; authorizing the sale and issuance of state bonds.

 

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

 

      The report was adopted.


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 750

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 868, A bill for an act relating to capital investment; appropriating money for Mighty Ducks grants; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2012, section 240A.09.

 

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

 

      The report was adopted.

 

 

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

 

H. F. No. 1047, A bill for an act relating to state government; requiring development of outreach, public education, and screening for maternal depression; expanding medical assistance eligibility for pregnant women and infants; requiring the commissioner of human services to provide technical assistance related to maternal depression screening and referrals; adding parenting skills to adult rehabilitative mental health services; expanding Minnesota health care program outreach; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 125A.27, subdivision 11; 145.906; 145A.17, subdivision 1; 214.12, by adding a subdivision; 256B.04, by adding a subdivision; 256B.055, subdivisions 5, 6; 256B.057, subdivision 1; 256B.0623, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 145; repealing Minnesota Statutes 2012, section 256J.24, subdivision 6.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 1051, A bill for an act relating to public safety; clarifying certain statutory provisions relating to crime victim rights and programs; providing for a restitution working group; amending Minnesota Statutes 2012, sections 611A.0315; 611A.036, subdivision 7; 629.72, subdivisions 1, 2, 6, 7; 629.73; proposing coding for new law in Minnesota Statutes, chapter 13.

 

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

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 1214, A bill for an act relating to commerce; regulating motor vehicles; amending regulation of scrap metal processing; requiring proof of ownership or hold period for vehicles purchased for scrap; creating the automated property system; creating criminal penalties; amending Minnesota Statutes 2012, sections 168.27, subdivisions 1a, 19a, 23, 24; 168A.153, subdivisions 1, 3; 325E.21, subdivisions 1, 1a, 3, 6, 8, 9, by adding subdivisions; repealing Minnesota Statutes 2012, section 168A.153, subdivision 2.

 

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

 

      The report was adopted.


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 751

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 88, 411 and 414 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Dean, M., introduced:

 

H. F. No. 1333, A bill for an act relating to economic development; providing grants for science and technology-focused workforce expansion; appropriating money.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

McNamar introduced:

 

H. F. No. 1334, A bill for an act relating to capital investment; appropriating money for Elbow Lake transit facilities; authorizing the sale and issuance of state bonds.

 

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

 

 

Rosenthal, Cornish, Schoen, Selcer, Erhardt and Metsa introduced:

 

H. F. No. 1335, A bill for an act relating to public safety; traffic regulations; clarifying requirements pertaining to collisions; making a terminology change; amending Minnesota Statutes 2012, sections 169.09; 609.21, subdivision 1.

 

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

 

 

Hansen introduced:

 

H. F. No. 1336, A bill for an act relating to taxes; imposing a tax on extraction and processing of fracturing sand; modifying aggregate production tax rates; appropriating money; providing criminal penalties; amending Minnesota Statutes 2012, section 298.75, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 297J.

 

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


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 752

Brynaert, Mariani, Marquart, Moran, Davnie, Norton, Bly, Bernardy, Winkler, Laine, Fischer, Yarusso, Selcer, Persell, Morgan and Radinovich introduced:

 

H. F. No. 1337, A bill for an act relating to education; providing for a series of statewide assessments aligned with state academic standards and career and college readiness benchmarks; amending Minnesota Statutes 2012, sections 120B.125; 120B.128; 120B.30, subdivisions 1, 1a; 120B.36, subdivision 1; 124D.52, by adding a subdivision; repealing Minnesota Rules, parts 3501.0010; 3501.0020; 3501.0030, subparts 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16; 3501.0040; 3501.0050; 3501.0060; 3501.0090; 3501.0100; 3501.0110; 3501.0120; 3501.0130; 3501.0140; 3501.0150; 3501.0160; 3501.0170; 3501.0180; 3501.0200; 3501.0210; 3501.0220; 3501.0230; 3501.0240; 3501.0250; 3501.0270; 3501.0280, subparts 1, 2; 3501.0290; 3501.1000; 3501.1020; 3501.1030; 3501.1040; 3501.1050; 3501.1110; 3501.1120; 3501.1130; 3501.1140; 3501.1150; 3501.1160; 3501.1170; 3501.1180; 3501.1190.

 

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

 

 

Norton introduced:

 

H. F. No. 1338, A bill for an act relating to child protection; requiring parent notification of incidents that may involve child maltreatment in a school facility; amending Minnesota Statutes 2012, sections 13.43, subdivision 14; 626.556, subdivision 7.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Brynaert and Johnson, C., introduced:

 

H. F. No. 1339, A bill for an act relating to capital investment; appropriating money for Mankato transit facilities; authorizing the sale and issuance of state bonds.

 

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

 

 

Peppin introduced:

 

H. F. No. 1340, A bill for an act relating to transportation; capital investment; appropriating money for an interchange on marked Interstate Highway 94 in Dayton; authorizing the sale and issuance of state bonds.

 

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

 

 

Schoen, Lesch, Liebling, Quam and Yarusso introduced:

 

H. F. No. 1341, A bill for an act relating to taxation; sales and use; medical devices; amending Minnesota Statutes 2012, section 297A.67, subdivision 7.

 

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


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 753

Marquart introduced:

 

H. F. No. 1342, A bill for an act relating to education; redefining student achievement through learning redesign; appropriating money; amending Minnesota Statutes 2012, section 123B.04; proposing coding for new law in Minnesota Statutes, chapter 123B.

 

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

 

 

Zerwas, Hausman, Hackbarth, Poppe, Gunther, Abeler, Hamilton, FitzSimmons, Urdahl, Mahoney and Lillie introduced:

 

H. F. No. 1343, A bill for an act relating to capital investment; appropriating money for the Oliver H. Kelley Farm Historic Site; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Clark introduced:

 

H. F. No. 1344, A bill for an act relating to housing; appropriating money to the Housing Finance Agency.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Moran, Abeler, Loeffler and Allen introduced:

 

H. F. No. 1345, A bill for an act relating to human services; modifying provisions related to health care and health disparities; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 62Q.19, subdivision 3; 62U.02, subdivision 1; 145.928, by adding a subdivision; 256B.06, subdivision 4; 256B.0625, by adding a subdivision; 256B.0651, by adding subdivisions; 256B.76, subdivision 4, by adding a subdivision; 256B.763.

 

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

 

 

Falk; Persell; Ward, J.E.; Radinovich; Erickson, R.; Anzelc; Lillie and Hansen introduced:

 

H. F. No. 1346, A bill for an act relating to natural resources; requiring a report on the feasibility of inspecting water-related equipment entering the state.

 

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

 

 

Abeler and Liebling introduced:

 

H. F. No. 1347, A bill for an act relating to human services; clarifying services in the medical assistance program; amending Minnesota Statutes 2012, section 256B.0625, by adding a subdivision.

 

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


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Abeler and Liebling introduced:

 

H. F. No. 1348, A bill for an act relating to human services; modifying requirements for the medical assistance spenddown; amending Minnesota Statutes 2012, section 256B.056, subdivision 5.

 

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

 

 

Persell; Allen; Gunther; Clark; Metsa; Isaacson; Norton; Moran; Zerwas; Savick; Murphy, M.; Newton; Anzelc and Ward, J.E., introduced:

 

H. F. No. 1349, A bill for an act relating to economic development; appropriating money for opportunities industrialization centers.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Mullery introduced:

 

H. F. No. 1350, A bill for an act relating to early childhood and youth; establishing a youth advisory group; amending Minnesota Statutes 2012, section 124D.141, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Erickson, S., introduced:

 

H. F. No. 1351, A bill for an act relating to education; requiring and expanding the statewide longitudinal educational data system; appropriating money; amending Minnesota Statutes 2012, section 127A.70, subdivision 2.

 

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

 

 

Marquart introduced:

 

H. F. No. 1352, A bill for an act relating to retirement; public employees police and fire retirement plan; modifying the disability benefit application deadline for certain former Wadena County sheriff's deputies.

 

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

 

 

Marquart introduced:

 

H. F. No. 1353, A bill for an act relating to taxation; increasing certain aid payments to taxing jurisdictions in Mahnomen County; amending Minnesota Statutes 2012, section 477A.011, subdivision 36; Laws 2006, chapter 259, article 11, section 3, as amended.

 

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


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 755

Marquart; Davids; Davnie; Lesch; Garofalo; Abeler; Loeffler; Murphy, M., and Rosenthal introduced:

 

H. F. No. 1354, A bill for an act relating to taxation; income and corporate franchise; modifying the historic structure rehabilitation credit; amending Minnesota Statutes 2012, section 290.0681, subdivisions 1, 3, 4, 5, 10; Laws 2010, chapter 216, section 11.

 

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

 

 

Persell, Anzelc and Erickson, R., introduced:

 

H. F. No. 1355, A bill for an act relating to capital investment; appropriating money for a new veterans nursing home in Bemidji; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Clark introduced:

 

H. F. No. 1356, A bill for an act relating to human services; modifying commissioner's duties; delaying child care assistance financial eligibility requirements; amending Minnesota Statutes 2012, sections 119B.09, subdivision 9a; 256.01, by adding a subdivision.

 

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

 

 

Daudt introduced:

 

H. F. No. 1357, A bill for an act relating to taxation; authorizing the creation of an Isanti Area Joint Operating Fire District.

 

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

 

 

Falk introduced:

 

H. F. No. 1358, A bill for an act relating to environment; modifying and creating permitting efficiencies; modifying duties of Pollution Control Agency; requiring rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 84.027, subdivision 14a, by adding a subdivision; 115.03, subdivision 1; 116.03, subdivision 2b; 116.07, subdivision 4d; 116J.035, subdivision 8.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Mahoney and Kieffer introduced:

 

H. F. No. 1359, A bill for an act relating to workers' compensation; making various policy and housekeeping changes; amending Minnesota Statutes 2012, sections 176.102, subdivision 3a; 176.106, subdivision 1; 176.129, subdivision 13; 176.138; 176.183, subdivision 4; 176.245; 176.521.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 756

Anzelc introduced:

 

H. F. No. 1360, A bill for an act relating to capital improvements; appropriating money for a regional arts center in Grand Rapids; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Gunther; Fritz; Newton; Ward, J.A., and Abeler introduced:

 

H. F. No. 1361, A bill for an act relating to human services; appropriating money for the Commission Serving Deaf and Hard-of-Hearing People.

 

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

 

 

Faust; Benson, M.; Poppe and Kiel introduced:

 

H. F. No. 1362, A bill for an act relating to transportation; incorporating federal laws by reference; exempting certain vehicles from hours of service requirements; exempting covered farm vehicles from specified regulation; and modifying requirements for USDOT numbers on farm trucks; amending Minnesota Statutes 2012, sections 168.185; 221.012, by adding a subdivision; 221.031, subdivision 2; 221.0314, subdivisions 9, 9a, by adding a subdivision.

 

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

 

 

McNamara introduced:

 

H. F. No. 1363, A bill for an act relating to human services; modifying property rates for certain nursing facilities; amending Minnesota Statutes 2012, section 256B.431, subdivision 44.

 

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

 

 

Lesch introduced:

 

H. F. No. 1364, A bill for an act relating to data practices; classifying law enforcement data from other jurisdictions; proposing coding for new law in Minnesota Statutes, chapter 13.

 

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

 

 

Dorholt and Newton introduced:

 

H. F. No. 1365, A bill for an act relating to education finance; requiring an adequacy study of Minnesota's school finance system; appropriating money.

 

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


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 757

Simon introduced:

 

H. F. No. 1366, A bill for an act relating to civil actions; regulating certain human rights actions; requiring jury trials; amending Minnesota Statutes 2012, section 363A.33, subdivision 6.

 

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

 

 

Kelly; Melin; Drazkowski; Metsa; Benson, M., and Fabian introduced:

 

H. F. No. 1367, A bill for an act relating to natural resources; providing for assistance to local governments for regulation of silica sand projects; proposing coding for new law in Minnesota Statutes, chapter 116.

 

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

 

 

Wills, Hansen, Garofalo, Masin and McNamara introduced:

 

H. F. No. 1368, A bill for an act relating to transportation; capital improvements; appropriating money for reconstruction of interchange of County Road 42 at marked Trunk Highway 52 in Dakota County; authorizing the sale and issuance of state bonds.

 

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

 

 

Liebling, Laine and Abeler introduced:

 

H. F. No. 1369, A bill for an act relating to human services; limiting the expenses that can be allocated as administrative for purposes of medical assistance rate setting; amending Minnesota Statutes 2012, section 256B.69, subdivision 5i.

 

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

 

 

Lesch introduced:

 

H. F. No. 1370, A bill for an act relating to higher education; requiring certain research dogs and cats at higher education research and related facilities to be offered for placement with an animal research organization; proposing coding for new law in Minnesota Statutes, chapter 136A.

 

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

 

 

Zerwas; Schoen; Johnson, B.; Mack; Newton; Simonson; Fischer and Atkins introduced:

 

H. F. No. 1371, A bill for an act relating to public safety; modifying reporting requirements for scrap metal dealers; requiring electronic submission of information; authorizing rulemaking; amending Minnesota Statutes 2012, section 325E.21.

 

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


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 758

Fischer; Ward, J.A.; Dean, M.; Isaacson; Wagenius; Mariani; Yarusso and Lillie introduced:

 

H. F. No. 1372, A bill for an act relating to clean water; appropriating money to develop water management areas.

 

The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

 

Fischer; Ward, J.A.; Lillie; Isaacson; Wagenius; Yarusso and Mariani introduced:

 

H. F. No. 1373, A bill for an act relating to clean water; appropriating money for a metropolitan groundwater management conference.

 

The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

 

Schoen introduced:

 

H. F. No. 1374, A bill for an act relating to transportation; providing for conveyance of state land to the city of Newport.

 

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

 

 

Abeler, Newton, Hortman and Scott introduced:

 

H. F. No. 1375, A bill for an act relating to transportation; capital investment; appropriating money for certain projects on U.S. Highway 10; authorizing sale and issuance of state bonds.

 

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

 

 

Urdahl introduced:

 

H. F. No. 1376, A bill for an act relating to human services; modifying operating payment rates for a nursing facility in Meeker County; amending Minnesota Statutes 2012, section 256B.431, by adding a subdivision.

 

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

 

 

Hortman introduced:

 

H. F. No. 1377, A bill for an act relating to real estate; requiring loss mitigation by mortgage lenders and servicers; amending Minnesota Statutes 2012, sections 580.02; 580.041, subdivisions 1b, 1c, 2a.

 

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


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 759

Mahoney, Kieffer and Nelson introduced:

 

H. F. No. 1378, A bill for an act relating to workers' compensation; modifying Workers' Compensation Court of Appeals personnel provisions; amending Minnesota Statutes 2012, section 175A.07, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Johnson, B.; Simon and Sanders introduced:

 

H. F. No. 1379, A bill for an act relating to elections; requiring a candidate to file a petition in certain circumstances; amending Minnesota Statutes 2012, section 204B.11, subdivision 2.

 

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

 

 

Petersburg introduced:

 

H. F. No. 1380, A bill for an act relating to motor vehicles; requiring registration renewal notice for E85-capable vehicle to inform its owner; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

Myhra introduced:

 

H. F. No. 1381, A bill for an act relating to taxation; sales and use; modifying definition of retail sale; clarifying use of motor vehicle lease sales tax revenue; amending Minnesota Statutes 2012, sections 297A.61, subdivision 4; 297A.815, subdivision 3.

 

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

 

 

Anzelc introduced:

 

H. F. No. 1382, A bill for an act relating to local government; authorizing municipalities to issue obligations without election for certain street improvements; amending Minnesota Statutes 2012, section 475.58, subdivision 3b.

 

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

 

 

Newton and Marquart introduced:

 

H. F. No. 1383, A bill for an act relating to education; establishing a special education case loads task force; modifying rules governing individualized education program development; modifying rules governing special education services purchasing; requiring a report; repealing Minnesota Rules, parts 3525.0800, subpart 2; 3525.2810, subparts 1, 4.

 

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


Journal of the House - 23rd Day - Thursday, March 7, 2013 - Top of Page 760

Selcer; Marquart; Rosenthal; Radinovich; Abeler; Yarusso; Allen; Erickson, R.; Kresha; O'Neill and Garofalo introduced:

 

H. F. No. 1384, A bill for an act relating to education finance; providing a grant to SciMathMN; expanding the Minnesota STEM Network; enhancing the science, mathematics, and engineering frameworks Web site; appropriating money.

 

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

 

 

Selcer; Davnie; Dehn, R.; Rosenthal and Radinovich introduced:

 

H. F. No. 1385, A bill for an act relating to education finance; appropriating money for the parent-child home program.

 

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

 

 

Schoen, Simon, Lesch, Scott and Zerwas introduced:

 

H. F. No. 1386, A bill for an act relating to data practices; classifying crime prevention program security data; amending Minnesota Statutes 2012, section 13.37, subdivision 1.

 

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

 

 

Barrett introduced:

 

H. F. No. 1387, A bill for an act relating to human services; providing requirements for the administration of nonemergency transportation services.

 

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

 

 

Johnson, C., introduced:

 

H. F. No. 1388, A bill for an act relating to higher education; modifying the calculation of state grant eligibility in certain circumstances; appropriating money; amending Minnesota Statutes 2012, section 136A.121, subdivision 6.

 

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

 

 

      Abeler was excused for the remainder of today's session.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 582, A bill for an act relating to health; requiring accreditation of advanced diagnostic imaging services operating in the state; amending Minnesota Statutes 2012, section 144.1225, subdivision 2.

 

 

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


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              The question was taken on the passage of the bill and the roll was called.  There were 126 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Winkler moved that the name of Bernardy be added as an author on H. F. No. 92.  The motion prevailed.

 

      Radinovich moved that the name of Bernardy be added as an author on H. F. No. 416.  The motion prevailed.

 

      Allen moved that the name of Dettmer be added as an author on H. F. No. 485.  The motion prevailed.

 

      Laine moved that the name of Bernardy be added as an author on H. F. No. 496.  The motion prevailed.

 

      Hortman moved that the name of Bernardy be added as an author on H. F. No. 579.  The motion prevailed.

 

      McNamar moved that the name of Falk be added as an author on H. F. No. 582.  The motion prevailed.

 

      Nornes moved that the name of Franson be added as an author on H. F. No. 667.  The motion prevailed.

 

      Bly moved that the name of Freiberg be added as an author on H. F. No. 685.  The motion prevailed.

 

      Winkler moved that the name of Woodard be added as an author on H. F. No. 688.  The motion prevailed.

 

      Gunther moved that his name be stricken as an author on H. F. No. 763.  The motion prevailed.


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              Hortman moved that the name of Hansen be added as an author on H. F. No. 791.  The motion prevailed.

 

      Wills moved that the names of Ward, J.A.; Mahoney and Atkins be added as authors on H. F. No. 851.  The motion prevailed.

 

      Winkler moved that the name of Bernardy be added as an author on H. F. No. 863.  The motion prevailed.

 

      Fritz moved that the name of Dettmer be added as an author on H. F. No. 886.  The motion prevailed.

 

      Laine moved that the name of Hornstein be added as an author on H. F. No. 937.  The motion prevailed.

 

      Urdahl moved that the names of Ward, J.E., and Morgan be added as authors on H. F. No. 984.  The motion prevailed.

 

      Allen moved that the name of Howe be added as an author on H. F. No. 1081.  The motion prevailed.

 

      Allen moved that the name of Howe be added as an author on H. F. No. 1082.  The motion prevailed.

 

      Newton moved that the name of Sanders be added as an author on H. F. No. 1101.  The motion prevailed.

 

      Mahoney moved that the name of Gunther be added as an author on H. F. No. 1131.  The motion prevailed.

 

      Hansen moved that the name of Fabian be added as an author on H. F. No. 1133.  The motion prevailed.

 

      Isaacson moved that the name of Hornstein be added as an author on H. F. No. 1194.  The motion prevailed.

 

      Fritz moved that the name of Dettmer be added as an author on H. F. No. 1308.  The motion prevailed.

 

      Fritz moved that the name of Dettmer be added as an author on H. F. No. 1309.  The motion prevailed.

 

      Erickson, R., moved that his name be stricken as an author on H. F. No. 1322.  The motion prevailed.

 

      Laine moved that the name of Franson be added as an author on H. F. No. 1328.  The motion prevailed.

 

      Dettmer moved that H. F. No. 88, now on the General Register, be re-referred to the Committee on State Government Finance and Veterans Affairs.  The motion prevailed.

 

      Winkler moved that H. F. No. 1112 be recalled from the Committee on Government Operations and be re-referred to the Committee on Civil Law.  The motion prevailed.

 

      Ward, J.A., moved that H. F. No. 1240 be recalled from the Committee on Judiciary Finance and Policy and be re-referred to the Committee on Civil Law.  The motion prevailed.

 

 

      Murphy, E., 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.


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MOTIONS AND RESOLUTIONS, Continued

 

 

      Clark moved that H. F. No. 1344 be recalled from the Committee on Rules and Legislative Administration and be re-referred to the Committee on Housing Finance and Policy.  The motion prevailed.

 

 

ADJOURNMENT

 

      Murphy, E., moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, March 11, 2013.  The motion prevailed.

 

      Murphy, E., moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, March 11, 2013.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives

 

 

 

 

 

 


 


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