Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4783

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2013

 

_____________________

 

FIFTY-NINTH DAY

 

Saint Paul, Minnesota, Friday, May 17, 2013

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Paul Thissen, Speaker of the House.

 

      Prayer was offered by the Reverend Thomas Knoblach, Holy Spirit Catholic Church, St. Cloud, 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:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

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

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      Kresha was excused until 11:20 a.m.  Mack was excused until 11:30 a.m.  Peppin was excused until 11:35 a.m.  Abeler was excused until 11:55 a.m.  Nelson was excused until 12:10 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.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4784

REPORTS OF CHIEF CLERK

 

      S. F. No. 460 and H. F. No. 739, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Moran moved that the rules be so far suspended that S. F. No. 460 be substituted for H. F. No. 739 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 796 and H. F. No. 742, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Dill moved that the rules be so far suspended that S. F. No. 796 be substituted for H. F. No. 742 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1276 and H. F. No. 1377, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      Hortman moved that the rules be so far suspended that S. F. No. 1276 be substituted for H. F. No. 1377 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 460, 796 and 1276 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Schoen, Atkins and Davids introduced:

 

H. F. No. 1847, A bill for an act relating to the State Lottery; prohibiting sale of lottery tickets at fuel pumps; amending Minnesota Statutes 2012, section 349A.13.

 

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


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4785

Hilstrom introduced:

 

H. F. No. 1848, A bill for an act relating to civil commitment; requiring the committing court to annually review the necessity and conditions of a person's commitment; requiring the state court administrator to report information on committed persons to the commissioner of human services; proposing coding for new law in Minnesota Statutes, chapter 253B.

 

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

 

 

Kelly introduced:

 

H. F. No. 1849, A bill for an act relating to energy; appropriating money for a refuse-derived fuel production facility in the city of Red Wing.

 

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

 

 

Fritz, Mack, Lillie, Hilstrom, Abeler and Zerwas introduced:

 

H. F. No. 1850, A bill for an act relating to health; modifying the scope of practice for chiropractors; amending Minnesota Statutes 2012, sections 148.01, subdivision 1, by adding a subdivision; 148.105, subdivision 1; repealing Minnesota Statutes 2012, section 148.01, subdivision 3; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

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

 

      S. F. Nos. 894 and 1340.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 894, A bill for an act relating to health; making changes to resident reimbursement classifications; amending Minnesota Statutes 2012, section 144.0724.

 

The bill was read for the first time. 

 

Schomacker moved that S. F. No. 894 and H. F. No. 1179, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4786

S. F. No. 1340, A bill for an act relating to human services; modifying provisions related to licensing data, human services licensing, child care programs, financial fraud and abuse investigations, and vendors of chemical dependency treatment services; modifies background studies; amending Minnesota Statutes 2012, sections 13.46, subdivisions 3, 4; 119B.125, subdivision 1b; 168.012, subdivision 1; 245A.02, subdivision 5a; 245A.04, subdivisions 1, 5, 11; 245A.06, subdivision 1; 245A.07, subdivisions 2, 2a, 3, by adding a subdivision; 245A.08, subdivisions 2a, 5a; 245A.146, subdivisions 3, 4; 245A.50, subdivision 4; 245A.65, subdivision 1; 245A.66, subdivision 1; 245B.02, subdivision 10; 245B.04; 245B.05, subdivisions 1, 7; 245B.07, subdivisions 5, 9, 10; 245C.04; 245C.05, subdivision 6; 245C.08, subdivision 1; 245C.16, subdivision 1; 245C.20, subdivision 1; 245C.22, subdivision 1; 245C.23, subdivision 2; 245C.28, subdivisions 1, 3; 245C.29, subdivision 2; 254B.05, subdivision 5; 256.01, subdivision 18d; 256.045, subdivision 3b; 268.19, subdivision 1; 471.346; repealing Minnesota Statutes 2012, sections 245B.02, subdivision 8a; 245B.07, subdivision 7a.

 

The bill was read for the first time. 

 

Abeler moved that S. F. No. 1340 and H. F. No. 1114, now on the General Register, be referred to the Chief Clerk for comparison.  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.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON 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.

 

May 16, 2013

The Honorable Paul Thissen

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

We, the undersigned conferees for H. F. No. 681 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 681 be further amended as follows:


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4787

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 541.073, is amended to read:

 

541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL PROVISIONS.

 

Subdivision 1.  Definition.  As used in this section,:

 

(1) "sexual abuse" means conduct described in sections 609.342 to 609.345 609.3451; and

 

(2) "person" includes a natural person, corporation, limited liability company, partnership, organization, association, or other entity.

 

Subd. 2.  Limitations period.  (a) An action for damages based on personal injury caused by sexual abuse:  (1) must be commenced within six years of the time the plaintiff knew or had reason to know that the injury was caused by the sexual abuse alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.

 

(b) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.

 

(c) The knowledge of a parent or guardian may not be imputed to a minor.

 

(d) (c) This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15.

 

Subd. 3.  Applicability.  This section applies to an action for damages commenced against a person who caused was a cause of the plaintiff's personal injury damages either by (1) committing sexual abuse against the plaintiff, or (2) negligently permitting sexual abuse against the plaintiff to occur negligence.

 

Subd. 4.  Vicarious liability or respondeat superior claims.  A claim for vicarious liability or liability under the doctrine of respondeat superior must be commenced within six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years of age.  This subdivision does not limit the availability of these claims under other law.

 

Subd. 5.  Title.  This section may be cited as the "Child Victims Act."

 

EFFECTIVE DATE; APPLICABILITY.  (a) This section is effective the day following final enactment.  Except as provided in paragraph (b), this section applies to actions that were not time-barred before the effective date.

 

(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse of an individual under the age of 18, if the action would otherwise be time-barred under a previous version of Minnesota Statutes, section 541.073, or other time limit, an action for damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision 1, clause (2), may be commenced no later than three years following the effective date of this section.  This paragraph does not apply to a claim for vicarious liability or respondeat superior, but does apply to other claims, including negligence.  This paragraph applies to actions pending on or commenced on or after the effective date."


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4788

Delete the title and insert:

 

"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."

 

 

      We request the adoption of this report and repassage of the bill. 

 

      House Conferees:  Steve Simon, Ryan Winkler and Jim Abeler.

 

      Senate Conferees:  Ron Latz, John A. Hoffman and Karin Housley.

 

 

      Simon moved that the report of the Conference Committee on H. F. No. 681 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

      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.

 

 

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

 

      The question was taken on the repassage of the bill and the roll was called.  There were 123 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Erhardt

Erickson, R.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Laine

Leidiger

Lenczewski

Lesch

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Murphy, E.

Murphy, M.

Myhra

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Drazkowski

FitzSimmons

McDonald


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4789

CALENDAR FOR THE DAY

 

 

      S. F. No. 561, A bill for an act relating to commerce; regulating building and construction contracts; prohibiting certain agreements to insure; amending Minnesota Statutes 2012, section 337.05, subdivision 1.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

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

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Murphy, E.

Murphy, M.

Myhra

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      The Speaker called Hortman to the Chair.

 

 

      H. F. No. 183 was reported to the House.

 

 

Holberg moved to amend H. F. No. 183, the first engrossment, as follows:

 

Page 1, delete section 1

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4790

Schoen moved to amend H. F. No. 183, the first engrossment, as amended, as follows:

 

Page 3, line 33, before the first "The" insert "(c)"

 

Page 3, line 33, delete everything after the period

 

Page 3, delete lines 34 to 36

 

Page 4, delete lines 1 to 3

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Schoen amendment and the roll was called.  There were 75 yeas and 52 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Davnie

Dehn, R.

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Gunther

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Murphy, E.

Murphy, M.

Newton

Norton

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Daudt

Davids

Dean, M.

Dettmer

Drazkowski

Erickson, S.

Fabian

FitzSimmons

Franson

Garofalo

Green

Gruenhagen

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Swedzinski

Theis

Torkelson

Wills


 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 183, A bill for an act relating to data practices; enhancing certain penalties and procedures related to unauthorized access to data by a public employee; amending Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40, subdivision 4.

 

 

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


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4791

           The question was taken on the passage of the bill and the roll was called.  There were 132 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

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

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

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

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

 

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

 

 

      Wills was excused between the hours of 11:55 a.m. and 4:25 p.m.

 

 

      H. F. No. 474 was reported to the House.

 

 

Holberg moved to amend H. F. No. 474, the first engrossment, as follows:

 

Page 1, after line 6, insert:

 

"Section 1.  Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:

 

Subd. 5.  Data protection.  (a) The responsible authority shall:

 

(1) establish procedures to assure that all data on individuals is accurate, complete, and current for the purposes for which it was collected; and

 

(2) establish appropriate security safeguards for all records containing data on individuals, including procedures for ensuring that data that are not public are only accessible to persons whose work assignment reasonably requires access to the data, and is only being accessed by those persons for purposes described in the procedure; and


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4792

(3) develop a policy incorporating these procedures, which may include a model policy governing access to the data if sharing of the data with other government entities is authorized by law.

 

(b) When not public data is being disposed of, the data must be destroyed in a way that prevents its contents from being determined.

 

Sec. 2.  Minnesota Statutes 2012, section 13.055, is amended to read:

 

13.055 STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY; NOTIFICATION AND INVESTIGATION REPORT REQUIRED.

 

Subdivision 1.  Definitions.  For purposes of this section, the following terms have the meanings given to them.

 

(a) "Breach of the security of the data" means unauthorized acquisition of or access to data maintained by a state agency government entity that compromises the security and classification of the data.  Good faith acquisition of or access to government data by an employee, contractor, or agent of a state agency government entity for the purposes of the state agency entity is not a breach of the security of the data, if the government data is not provided to or viewable by an unauthorized person, or accessed for a purpose not described in the procedures required by section 13.05, subdivision 5.  For purposes of this paragraph, data maintained by a government entity includes data maintained by a person under a contract with the government entity that provides for the acquisition of or access to the data by an employee, contractor, or agent of the government entity.

 

(b) "Contact information" means either name and mailing address or name and e-mail address for each individual who is the subject of data maintained by the state agency government entity.

 

(c) "Unauthorized acquisition" means that a person has obtained or viewed government data without the informed consent of the individuals who are the subjects of the data or statutory authority and with the intent to use the data for nongovernmental purposes.

 

(d) "Unauthorized person" means any person who accesses government data without permission or without a work assignment that reasonably requires the person to have access to the data, or regardless of the person's work assignment, for a purpose not described in the procedures required by section 13.05, subdivision 5.

 

Subd. 2.  Notice to individuals; investigation report.  (a) A state agency government entity that collects, creates, receives, maintains, or disseminates private or confidential data on individuals must disclose any breach of the security of the data following discovery or notification of the breach.  Notification must be made to any individual who is the subject of the data and whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized person and must inform the individual that a report will be prepared under paragraph (b), how the individual may obtain access to the report, and that the individual may request delivery of the report by mail or e-mail.  The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any measures necessary to determine the scope of the breach and restore the reasonable security of the data.

 

(b) Upon completion of an investigation into any breach in the security of data, including exhaustion of all rights of appeal under any applicable collective bargaining agreement or other law, the responsible authority shall prepare a report on the facts and results of the investigation.  If the breach involves unauthorized access to or acquisition of data by an employee, contractor, or agent of the government entity, the report must at a minimum include:

 

(1) a description of the data that were accessed or acquired; and

 

(2) if disciplinary action was taken against an employee:


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4793

(i) the number of individuals whose data was improperly accessed or acquired;

 

(ii) the name of each employee determined responsible for the unauthorized access or acquisition; and

 

(iii) the final disposition of the disciplinary action taken against the employee in response.

 

The report must not include data that are not public under other law.  The report is public and must be posted on the government entity's Web site, if the government entity maintains a Web site, and provided to an individual who received the notification under paragraph (a) and requested delivery of the report.  If the government entity does not maintain a Web site, the report must be posted on the principal bulletin board of the government entity or, if the government entity does not have a principal bulletin board, on the door of its usual meeting room. 

 

Subd. 3.  Delayed notice.  The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede an active criminal investigation.  The notification required by this section must be made after the law enforcement agency determines that it will not compromise the investigation.

 

Subd. 4.  Method of notice.  Notice under this section may be provided by one of the following methods:

 

(a) written notice by first class mail to each affected individual;

 

(b) electronic notice to each affected individual, if the notice provided is consistent with the provisions regarding electronic records and signatures as set forth in United States Code, title 15, section 7001; or

 

(c) substitute notice, if the state agency government entity demonstrates that the cost of providing the written notice required by paragraph (a) would exceed $250,000, or that the affected class of individuals to be notified exceeds 500,000, or the state agency government entity does not have sufficient contact information.  Substitute notice consists of all of the following:

 

(i) e-mail notice if the state agency government entity has an e-mail address for the affected individuals;

 

(ii) conspicuous posting of the notice on the Web site page of the state agency government entity, if the state agency government entity maintains a Web site; and

 

(iii) notification to major media outlets that reach the general public within the government entity's jurisdiction.

 

Subd. 5.  Coordination with consumer reporting agencies.  If the state agency government entity discovers circumstances requiring notification under this section of more than 1,000 individuals at one time, the state agency government entity must also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in United States Code, title 15, section 1681a, of the timing, distribution, and content of the notices.

 

Subd. 6.  Security assessments.  At least annually, each government entity shall conduct a comprehensive security assessment of any personal information maintained by the government entity.  For the purposes of this subdivision, personal information is defined under section 325E.61, subdivision 1, paragraphs (e) and (f).

 

EFFECTIVE DATE.  This section is effective August 1, 2013, and applies to security breaches occurring on or after that date.

 

Sec. 3.  Minnesota Statutes 2012, section 13.09, is amended to read:

 

13.09 PENALTIES.

 

(a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor. 


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4794

(b) Willful violation of this chapter by, including any action subject to a criminal penalty under paragraph (a), by any public employee constitutes just cause for suspension without pay or dismissal of the public employee.

 

EFFECTIVE DATE.  This section is effective August 1, 2013, and applies to crimes committed on or after that date."

 

Page 2, after line 10, insert:

 

"Sec. 5.  Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:

 

Subd. 4.  Data classification; general rule; changes in classification; audit trail.  (a) The classification of data in the law enforcement agency does not change after the data is submitted to CIBRS.  If CIBRS is the only source of data made public by section 13.82, subdivisions 2, 3, 6, and 7, data described in those subdivisions must be downloaded and made available to the public as required by section 13.03.

 

(b) Data on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as confidential data on individuals as defined in section 13.02, subdivision 3, and becomes private data on individuals as defined in section 13.02, subdivision 12, as provided by this section.

 

(c) Data not on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as protected nonpublic data as defined in section 13.02, subdivision 13, and becomes nonpublic data as defined in section 13.02, subdivision 9, as provided by this section.

 

(d) Confidential or protected nonpublic data created, collected, received, maintained, or disseminated by CIBRS must automatically change classification from confidential data to private data or from protected nonpublic data to nonpublic data on the earlier of the following dates:

 

(1) upon receipt by CIBRS of notice from a law enforcement agency that an investigation has become inactive; or

 

(2) when the data has not been updated by the law enforcement agency that submitted it for a period of 120 days.

 

(e) For the purposes of this section, an investigation becomes inactive upon the occurrence of any of the events listed in section 13.82, subdivision 7, clauses (a) to (c).

 

(f) Ten days before making a data classification change because data has not been updated, CIBRS must notify the law enforcement agency that submitted the data that a classification change will be made on the 120th day.  The notification must inform the law enforcement agency that the data will retain its classification as confidential or protected nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the investigation is still active before the 120th day.  A new 120-day period begins if the data is updated or if a law enforcement agency notifies CIBRS that an active investigation is continuing.

 

(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an investigation has become inactive so that the data is classified as private data or nonpublic data.  The law enforcement agency must provide this notice to CIBRS within ten days after an investigation becomes inactive.

 

(h) All queries and responses and all actions in which data is submitted to CIBRS, changes classification, or is disseminated by CIBRS to any law enforcement agency must be recorded in the CIBRS audit trail.

 

(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement agency that submits data to CIBRS, and a general description of the types of data submitted by the agency, are public."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4795

Schoen moved to amend the Holberg amendment to H. F. No. 474, the first engrossment, as follows:

 

Page 3, line 5, before the first "The" insert "(c)" and delete everything after the period

 

Page 3, delete lines 6 to 11

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Holberg amendment, as amended, to H. F. No. 474, the first engrossment.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Hilstrom moved to amend H. F. No. 474, the first engrossment, as amended, as follows:

 

Page 1, line 13, delete "must not be" and insert "may be retained for no longer than 180 days,"

 

Page 1, line 14, delete "retained, in any format,"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hilstrom amendment and the roll was called.  There were 38 yeas and 90 nays as follows:

 

      Those who voted in the affirmative were:

 


Benson, J.

Bernardy

Brynaert

Clark

Dehn, R.

Dorholt

Erickson, R.

Faust

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hortman

Huntley

Isaacson

Johnson, B.

Johnson, S.

Lenczewski

Lillie

Mariani

Masin

McNamar

Mullery

Nelson

Newton

Persell

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simonson

Slocum

Uglem

Ward, J.A.

Ward, J.E.

Yarusso


 

      Those who voted in the negative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, M.

Bly

Carlson

Cornish

Daudt

Davids

Dean, M.

Dettmer

Dill

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Fischer

FitzSimmons

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, C.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lesch

Liebling

Lien

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

McDonald

McNamara

Melin

Metsa

Morgan

Murphy, E.

Murphy, M.

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Petersburg

Poppe

Pugh

Quam

Radinovich

Runbeck

Sanders

Schomacker

Scott

Simon

Sundin

Swedzinski

Theis

Torkelson

Urdahl

Wagenius

Winkler

Woodard

Zellers

Zerwas


 

 

      The motion did not prevail and the amendment was not adopted.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4796

H. F. No. 474, A bill for an act relating to data practices; classifying data related to automated license plate readers; requiring a log of use; requiring data to be destroyed in certain circumstances; providing criminal penalties; amending Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 13.82, by adding a subdivision; 299C.40, subdivision 4.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 128 yeas and 4 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Howe

Huntley

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

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

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

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Woodard

Yarusso

Zellers

Zerwas

Spk. Thissen


 

      Those who voted in the negative were:

 


Erickson, R.

Hortman

Mullery

Newton


 

 

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

 

 

      Scott was excused between the hours of 1:05 p.m. and 8:55 p.m.

 

 

      H. F. No. 270 was reported to the House.

 

 

Hausman moved to amend H. F. No. 270, the second engrossment, as follows:

 

Delete everything after the enacting clause and insert:


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4797

"ARTICLE 1

CAPITAL IMPROVEMENTS

 

Section 1.  CAPITAL IMPROVEMENT APPROPRIATIONS. 

 

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

 

SUMMARY

 

University of Minnesota

 

$99,297,000

Minnesota State Colleges and Universities

 

94,632,000

Education

 

8,491,000

Minnesota State Academies

 

810,000

Natural Resources

 

67,285,000

Pollution Control Agency

 

3,100,000

Board of Water and Soil Resources

 

13,300,000

Zoological Garden

 

5,250,000

Administration

 

134,040,000

Minnesota Amateur Sports Commission

 

7,200,000

Military Affairs

 

2,000,000

Transportation

 

84,720,000

Metropolitan Council

 

70,000,000

Human Services

 

42,662,000

Veterans Affairs

 

23,250,000

Corrections

 

8,187,000

Employment and Economic Development

 

115,285,000

Public Facilities Authority

 

41,075,000

Housing Finance Agency

 

15,000,000

Minnesota Historical Society

 

10,607,000

Bond Sale Expenses

 

800,000

Cancellations

 

(2,000,000)

 

 

 

TOTAL

 

$846,991,000

 

 

 

Bond Proceeds Fund (General Fund Debt Service)

 

739,509,000

Bond Proceeds Fund (User Financed Debt Service)

 

43,131,000

Maximum Effort School Loan Fund

 

5,491,000

State Transportation Fund

 

45,000,000

General Fund

 

1,860,000

Bond Proceeds Cancellations

 

(2,000,000)


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4798

 

 

 

 

APPROPRIATIONS

 

Sec. 2.  UNIVERSITY OF MINNESOTA

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$99,297,000

 

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

 

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

 

 

 

25,000,000

 

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

 

Subd. 3.  Crookston

 

 

 

1,130,000

 

To engineer, predesign, and design the renovation and expansion of the existing campus wellness and recreational center at the University of Minnesota, Crookston.

 

Subd. 4.  Eddy Hall Renovation, Minneapolis

 

 

 

9,667,000

 

To design, construct, furnish, and equip the renovation of Eddy Hall on the Minneapolis campus for the international and transfer student admissions programs and to improve space utilization by decommissioning obsolete space.

 

Subd. 5.  Tate Laboratory Renovation, Minneapolis

 

 

 

6,000,000

 

To design the renovation of the Tate Laboratory of Physics on the Minneapolis campus for use by the College of Science and Engineering. 

 

Subd. 6.  James Ford Bell Natural History Museum and Planetarium, St. Paul

 

 

 

47,500,000

 

To complete the design of and to construct, furnish, and equip a new James Ford Bell Natural History Museum on the St. Paul campus.

 

Subd. 7.  Laboratory Replacement, St. Paul

 

 

 

4,000,000

 

To design new laboratory facilities on the St. Paul campus to replace obsolete facilities, renovate current facilities, and decommission space not suited for research.

 

Subd. 8.  Research Facility Improvements

 

 

 

6,000,000

 

To replace the Bee Research Facility in the College of Food, Agricultural and Natural Resources, and to replace the obsolete greenhouses used by the College of Biological Sciences.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4799

Subd. 9.  University Share

 

 

 

 

 

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

 

Subd. 10.  Unspent Appropriations

 

 

 

 

 

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

 

Sec. 3.  MINNESOTA STATE COLLEGES AND UNIVERSITIES

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$94,632,000

 

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

 

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

 

 

 

35,000,000

 

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

 

Subd. 3.  Central Lakes College, Staples

 

 

 

1,736,000

 

To complete the design of and to renovate, furnish, and equip Staples main campus spaces for science, technology, and math initiatives, agriculture, and energy programs, and to replace HVAC systems.

 

Subd. 4.  Metropolitan State University

 

 

 

33,800,000

 

To complete the design of and to construct, furnish, and equip the science education center on the campus of Metropolitan State University.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4800

Subd. 5.  Minnesota State Community and Technical College, Moorhead

 

 

 

5,210,000

 

To complete the design of and to renovate, furnish, and equip existing space, and to design, construct, furnish, and equip an addition with new laboratories, to replace HVAC systems, and to demolish an obsolete facilities building.

 

Subd. 6.  Riverland Community College, Albert Lea

 

 

3,083,000

 

To complete the design of and to renovate, furnish, and equip the Main Building for multiuse classroom space, demolish the obsolete Gateway Building, and replace HVAC systems.

 

Subd. 7.  Rochester Community and Technical College

 

 

900,000

 

To complete the design of the renovation of classrooms, including replacement of the heating, ventilating, and air conditioning systems.

 

Subd. 8.  Winona State University

 

 

 

5,828,000

 

To design, renovate, remodel, furnish, and equip classrooms to introduce advanced teaching and evaluation techniques to better prepare future teachers and teachers and educational leaders for the needs of future schools.

 

Subd. 9.  Systemwide Science, Technology, Engineering, and Math Initiatives

 

 

 

2,700,000

 

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

 

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

 

Subd. 10.  Systemwide Classroom Renovations

 

 

 

2,675,000

 

To design, renovate, furnish, and equip space for classrooms to meet workforce training needs.  This appropriation may be used at the following campuses:  Century College; Inver Hills Community College; Northeast Higher Education District, Vermilion Community College; and Saint Paul College.

 

Subd. 11.  Systemwide Energy Occupations Initiative

 

 

3,700,000

 

To design, renovate, demolish, construct, furnish, and equip space for workforce training and programs for energy and sustainable development.  This appropriation may be used at the following


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4801

campuses:  Century College; Minnesota West Community and Technical College, Canby and Jackson; and Northeast Higher Education District, Itasca Community College.

 

Subd. 12.  Debt Service

 

 

 

 

 

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

 

(b) The board need not pay debt service on bonds sold to finance Higher Education Asset Preservation and Replacement (HEAPR).  Where a nonstate match is required, the debt service is due on a principal amount equal to one-third of the total project cost, less the match committed before the bonds are sold.

 

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

 

Subd. 13.  Unspent Appropriations

 

 

 

 

 

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


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4802

(b) The unspent portion of an appropriation for a project in this section that is complete is available for HEAPR under this subdivision, at the same campus as the project for which the original appropriation was made and the debt service requirement under subdivision 12 is reduced accordingly.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred.

 

Sec. 4.  EDUCATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$8,491,000

 

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

 

Subd. 2.  Library Accessibility and Improvement Grants

 

 

1,500,000

 

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

 

Subd. 3.  School Energy Conservation Grant Program

 

 

1,500,000

 

To the commissioner of commerce for the school energy conservation grant program under new Minnesota Statutes, sections 216C.371 and 216C.372.

 

Subd. 4.  Independent School District No. 38, Red Lake

 

 

5,491,000

 

From the maximum effort school loan fund for a capital loan to Independent School District No. 38, Red Lake, as provided in Minnesota Statutes, sections 126C.60 to 126C.72, to design, construct, furnish, and equip renovation of existing facilities and construction of new facilities.  The project paid for with this appropriation includes a portion of the renovation and construction identified in the review and comment performed by the commissioner of education under the capital loan provisions of Minnesota Statutes, section 126C.69.  This portion includes renovation and construction of a single kitchen and cafeteria to serve the high school and middle school, a receiving area and dock and adjacent drives, utilities, and grading.  Before any capital loan contract is approved under this authorization, the district must provide documentation acceptable to the commissioner on how the capital loan will be used.  If any portion of the appropriation remains after completion of the identified project components, the district may, with the commissioner's approval, use the money for other items identified in the review and comment submission.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4803

Sec. 5.  MINNESOTA STATE ACADEMIES

 

 

 

$810,000

 

To the commissioner of administration to design a new residence hall on the Minnesota State Academy for the Deaf campus, including approximately 60 parking spaces.

 

Sec. 6.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$66,785,000

 

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

 

Subd. 2.  Natural Resources Asset Preservation

 

 

 

1,720,000

 

For the renovation of state-owned facilities and recreational assets operated by the commissioner of natural resources to be spent in accordance with Minnesota Statutes, section 84.946.

 

The commissioner may use this appropriation to replace buildings if, considering the embedded energy in the building, that is the most energy-efficient and carbon-reducing method of renovation.

 

Subd. 3.  Flood Hazard Mitigation

 

 

 

25,000,000

 

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

 

(b) Levee projects, to the extent practical, shall meet the state standard of three feet above the 100-year flood elevation.

 

(c) Project priorities shall be determined by the commissioner as appropriate and based on need, and to the extent possible, address needs in the Moorhead area first.

 

(d) This appropriation includes money for the following county, township, and municipal projects as prioritized by the commissioner:  Ada, Afton, Alvarado, Argyle, Austin, Borup, Breckenridge, Browntown, Climax, Crookston, Delano, Granite Falls, Inver Grove Heights, Maynard, Melrose, Minneota, Minnesota River Area II, Montevideo, Moorhead, Newport, Nielsville, Oakport Township, Oslo, Roseau, Rushford, St. Vincent, and Shelly.

 

(e) This appropriation includes money for the following watershed projects:  North Ottawa, Bois de Sioux Watershed District; Quick, Two Rivers Watershed District; Redpath, Bois de Sioux Watershed District; Roseau Wildlife Management Area, Roseau River Watershed District; and Shell Rock Watershed District.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4804

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

 

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

 

Subd. 4.  Dam Renovation

 

 

 

5,500,000

 

(a) $2,400,000 is for a grant to Blue Earth County under Minnesota Statutes, section 103G.511, for capital improvements to repair and renovate the Rapidan Dam.  Notwithstanding the match requirements in section 103G.511, this appropriation does not require a match.

 

(b) $2,000,000 is for a grant to the city of Champlin under Minnesota Statutes, section 103G.511, for capital improvements to repair and renovate the Champlin Mill Pond Dam.  Notwithstanding the match requirements in Minnesota Statutes, section 103G.511, this appropriation does not require a match.

 

(c) $1,100,000 is for a grant to the city of Lanesboro under Minnesota Statutes, section 103G.511, to replace the Lanesboro dam in Fillmore County.  Notwithstanding the match requirements in Minnesota Statutes, section 103G.511, this appropriation does not require a match.

 

Subd. 5.  State Trails Development

 

 

 

15,415,000

 

To acquire land for and to construct and renovate state trails under Minnesota Statutes, section 85.015.  This appropriation includes funding:

 

(1) up to $2,000,000 is for the Blazing Star Trail;

 

(2) up to $2,000,000 is for the Camp Ripley/Veterans State Trail;

 

(3) up to $500,000 is for the Casey Jones Trail;

 

(4) up to $2,715,000 is for the Cuyuna Lakes Trail segments from Crosby to Deerwood, Paul Bunyan State Trail to Lum Park, a segment connecting to the Sagamore Unit of the Cuyuna Country State Recreation Area; and Paul Bunyan State Trail to Riverton;

 

(5) up to $600,000 is for the Gateway Trail for the segment between Scandia and William O'Brien State Park;


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(6) up to $1,700,000 is for the Gitchi-Gami Trail from Grand Marais to the Cascade River;

 

(7) up to $1,500,000 is to acquire and develop a five-mile bituminous extension of the Glacial Lakes State Trail in the city of New London to Sibley State Park, in the County State-Aid Highway 40 corridor, for bicycle and pedestrian use;

 

(8) up to $300,000 is to acquire and develop the segment of the Goodhue Pioneer Trail between White Willow and Goodhue;

 

(9) up to $3,100,000 is for the Heartland Trail extension from Detroit Lakes to Frazee and to begin work on the Moorhead to Buffalo State Park segment;

 

(10) up to $600,000 for the Mill Towns Trail segment between Lake Byllesby and the Cannon Valley Trail, and for the segment between Dundas and Northfield; and

 

(11) up to $400,000 is for the Minnesota River Trail between Mankato and St. Peter, and connections to the Sakatah Singing Hills State Trail and the Red Jacket Trail in Mankato.

 

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

 

Subd. 6.  Lake Vermilion State Park and Soudan Underground Mine State Park

 

 

 

11,000,000

 

For development of the Lake Vermilion State Park and the Soudan Underground Mine State Park, as provided for in Minnesota Statutes, section 85.012.

 

Subd. 7.  Groundwater Monitoring and Observation Wells

 

 

1,000,000

 

To install groundwater monitoring wells for multiple groundwater quantity and quality monitoring purposes by state agencies, as scientifically and practically appropriate.

 

Subd. 8.  Fountain Lake Restoration

 

 

 

1,500,000

 

For a grant to the Shell Rock River Watershed District for engineering, design, permitting, and land acquisition for sediment removal and cleanup of Fountain Lake.


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Subd. 9.  Spirit Mountain Recreation Area

 

 

 

3,400,000

 

For a grant to the Spirit Mountain Recreation Area Authority to acquire easements, licenses, and other interests in real property and to engineer, design, permit, and construct works and systems to transport water from the St. Louis River estuary for commercial and industrial use.  This appropriation is not available until the authority determines that at least $1,100,000 has been committed to the project from nonstate sources.  Expenditures made on or after September 1, 2011, for this project shall count towards the match from nonstate sources.

 

Subd. 10.  Red River Recreation Area

 

 

 

250,000

 

To improve campground utilities in the Red River State Recreational Area in the city of East Grand Forks.  These improvements may include expansion of camping amenities in the form of full hookups, which include water, electricity, and sewage, but the appropriation does not include funding of a swimming pool.

 

Subd. 11.  Fort Snelling Upper Post

 

 

 

2,000,000

 

For construction of streets, sidewalks, street lighting, storm sewer, sanitary sewer, water main, and other publicly owned infrastructure to accommodate redevelopment of areas of the Fort Snelling Upper Post in Hennepin County.  The commissioner of natural resources may make one or more grants to Hennepin County to undertake part or all of the project.

 

Sec. 7.  POLLUTION CONTROL AGENCY

 

 

 

$3,100,000

 

To the Pollution Control Agency for the solid waste capital assistance grants to local governments for the construction of solid waste resource recovery facilities under Minnesota Statutes, section 115A.54.  The commissioner shall, to the extent possible, address the needs of the Becker County proposal.

 

Sec. 8.  BOARD OF WATER AND SOIL RESOURCES

 

 

$13,300,000

 

RIM Conservation Reserve

 

 

 

 

 

(a) To acquire conservation easements from landowners to preserve, restore, create, and enhance wetlands and prairie grasslands and restore and enhance rivers and streams, riparian lands, and associated uplands in order to protect soil and water quality, support fish and wildlife habitat, reduce flood damage, and provide other public benefits.  The provisions of Minnesota Statutes, section 103F.515, apply to this program.  Of this appropriation, up to ten percent may be used to implement the program.


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(b) The board shall give priority to leveraging federal funds by (1) enrolling targeted new lands eligible for the USDA Wetlands Reserve Program (WRP), or (2) enrolling lands that have expiring USDA Conservation Reserve Program (CRP) contracts.

 

(c) The board is authorized to enter into new agreements and amend past agreements with landowners as required by Minnesota Statutes, section 103F.515, subdivision 5, to allow for restoration, including overseeding and harvesting of native prairie vegetation for use for energy production in a manner that does not devalue the natural habitat, water quality benefits, or carbon sequestration functions of the area enrolled in the easement.  This shall occur after seed production and shall minimize impacts on wildlife.  Of this appropriation, up to five percent may be used for restoration and enhancement, including overseeding.

 

Sec. 9.  MINNESOTA ZOOLOGICAL GARDENS

 

 

$5,250,000

 

To the Minnesota Zoological Garden Board for capital asset preservation improvements and betterments to infrastructure and exhibits at the Minnesota Zoo, to be spent in accordance with Minnesota Statutes, section 16B.307.  This appropriation must be used for repairs to existing state-owned zoo buildings and grounds so that they remain functional and safe, and for engineering and architectural design for future enhancements to exhibits, in order to maintain the zoo's status as one of the state's premier cultural institutions.

 

Sec. 10.  ADMINISTRATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$134,040,000

 

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

 

Subd. 2.  Capitol Renovation and Restoration

 

 

 

109,000,000

 

This appropriation may be used for one or more of the following purposes:

 

(1) to complete the design of, and to construct, repair, improve, renovate, restore, furnish, and equip the State Capitol building and grounds; including but not limited to exterior stone repairs and window replacement; asbestos and hazardous materials abatement; mechanical, electrical, plumbing, and security systems replacement; general construction, including but not limited to demolition, site improvements, life safety improvements, accessibility, security and telecommunications; roof replacement; and finish work; and


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(2) to predesign, design, conduct hazardous materials abatement, construct, repair, renovate, remodel, furnish, and equip the State Office Building, Administration Building, Centennial Office Building, 321 Grove Street Building, and other buildings and parking facilities located on the Capitol campus as determined by the commissioner of administration to meet temporary and permanent office, storage, parking, and other space needs occasioned by and in furtherance of an efficient restoration of the State Capitol Building and for the efficient and effective function of the tenants currently located in the Capitol Building.  The commissioner of administration must not construct or place any temporary or permanent building, structure, or facility for offices, parking, storage or other use, on park land or green space in the Capitol campus.

 

Subd. 3.  Relocation Expenses

 

 

 

1,860,000

 

For rent loss and relocation expenses related to the Capitol renovation project.  This appropriation is from the general fund.  Notwithstanding Minnesota Statutes, section 16A.642, this appropriation is available until June 30, 2015.  The base for this appropriation is $1,380,000 in fiscal year 2016, $960,000 in fiscal year 2017, and $0 after that.

 

Subd. 4.  Parking Facilities

 

 

 

22,680,000

 

To design, construct, furnish, and equip one or more parking facilities in the Capitol complex to accommodate up to 680 parking stalls, with a net replacement of approximately 675 parking stalls, including to address temporary parking needed during construction of permanent parking facilities. 

 

The parking facilities developed with this appropriation are exempt from the requirements for design competition under Minnesota Statutes, section 15B.10. 

 

Notwithstanding any law to the contrary, under Minnesota Statutes, sections 16C.32 and 16C.33, if the commissioner elects to utilize a design-build delivery method to design and construct one or more parking facilities with this appropriation, the Capital Area Architectural and Planning Board, in cooperation with the commissioner, shall create a selection committee to act as the board under Minnesota Statutes, sections 16C.32 and 16C.33.  Notwithstanding Minnesota Statutes, section 16B.33, if the commissioner elects to contract with a primary designer to design one or more parking facilities with this appropriation, the Capital Area Architectural and Planning Board, in cooperation with the commissioner, shall create a selection committee to conduct the selection process in accordance with the standards in Minnesota Statutes, chapters 15B and 16B.  Notwithstanding Minnesota Statutes, section 16C.33, subdivision 5, paragraph (b), after


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obtaining and evaluating qualifications from each design-builder, in accordance with the weighted criteria and subcriteria and procedures set forth in the request for qualifications, the selection committee shall select a short list of up to five proposals.

 

If the commissioner does not receive any proposals, the commissioner may either (1) solicit new proposals, (2) revise the request for qualifications and thereafter solicit new proposals using the revised request for qualifications, or (3) request selection of a primary designer pursuant to Minnesota Statutes, section 16B.33, 16C.08, or 16C.095, and proceed with competitive bidding pursuant to Minnesota Statutes, sections 16C.25 to 16C.29.

 

The bond debt will be user-financed from parking fees collected and deposited into the state parking account under Minnesota Statutes, section 16A.643.

 

Subd. 5.  Minnesota Hmong-Lao Veterans Memorial

 

 

 

500,000

 

To complete design and construction of a memorial in the Capitol Area to honor all Hmong-Lao veterans of the war in Laos who were allied with the American forces during the Vietnam War.  This appropriation is not available until the commissioner of management and budget has determined that at least $150,000 has been committed to the project from nonstate sources.  Nonstate funds provided for this project may also be used to fund only its proportional share of new sidewalks leading to monuments in the Capitol Area.

 

Sec. 11.  MINNESOTA AMATEUR SPORTS COMMISSION

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$7,200,000

 

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

 

Subd. 2.  Southwest Regional Amateur Sports Center

 

 

4,000,000

 

For a grant to the city of Marshall to acquire land and prepare a site for, and to design, construct, furnish, and equip the Southwest Regional Amateur Sports Center in Marshall.  This appropriation is not available until the commissioner of management and budget determines that at least an equal amount is committed to the project from nonstate sources.

 

Subd. 3.  National Sports Center Expansion

 

 

 

3,200,000

 

For site development and for the design and construction of parking lots, roads, athletic fields, and other infrastructure necessary for expansion of tournament fields at the National Sports Center in Blaine.


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Sec. 12.  MILITARY AFFAIRS

 

 

 

$2,000,000

 

To the adjutant general for asset preservation improvements and betterments of a capital nature at military affairs facilities statewide, to be spent in accordance with Minnesota Statutes, section 16B.307, including life safety improvements, correcting code deficiencies, and federal Americans with Disabilities Act (ADA) compliance activities.

 

Sec. 13.  TRANSPORTATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$84,720,000

 

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

 

Subd. 2.  Local Bridge Replacement and Rehabilitation

 

 

20,000,000

 

This appropriation is from the bond proceeds account in the state transportation fund to match federal money and to replace or rehabilitate local deficient bridges as provided in Minnesota Statutes, section 174.50.  To the extent practicable, the commissioner shall expend the funds as provided under Minnesota Statutes, section 174.50, subdivision 6a, 6b, or 6c.

 

Subd. 3.  Local Road Improvement Fund Grants

 

 

 

25,000,000

 

This appropriation is from the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for construction and reconstruction of local roads with statewide or regional significance under Minnesota Statutes, section 174.52, subdivision 4, or for grants to counties to assist in paying the costs of rural road safety capital improvement projects on county state-aid highways under Minnesota Statutes, section 174.52, subdivision 4a.

 

This appropriation includes money for a grant to Anoka County to complete the final design, land acquisition, and construction of the interchange of marked U.S. Highway 10 and Anoka County State-Aid Highway 83 (Armstrong Boulevard) in the city of Ramsey, and for associated improvements.

 

$250,000 of this appropriation is for a grant to Pine Lake Township in Otter Tail County for improvements to Nitche Lake Road between County Road 8 and County Road 53 in Pine Lake Township.

 

Subd. 4.  Greater Minnesota Transit

 

 

 

4,920,000

 

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


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$450,000 is for a grant to the city of Mankato for phase III of the facility improvements;

 

$800,000 is for a grant to the Rainbow Rider Transit Board for bus garages in Elbow Lake, Morris, Wheaton, Lowery, and Alexandria;

 

$2,000,000 is for a grant to the St. Cloud Metropolitan Transit Commission for phase I of the metro bus operations center vehicle storage addition and improvements project; and

 

$550,000 is for a grant to the Kandiyohi Area Transit Joint Powers Board for an additional bus storage garage in Willmar.

 

Subd. 5.  Minnesota Valley Regional Railroad Track Rehabilitation

 

 

 

3,800,000

 

For a grant to the Minnesota Valley Regional Rail Authority to rehabilitate and make capital improvements of portions of railroad track between Norwood-Young America and Hanley Falls.  A grant under this section is in addition to any grant, loan, or loan guarantee for this project made by the commissioner under Minnesota Statutes, sections 222.46 to 222.62.

 

Before seeking appropriations in the future, the authority must seek local contributions from the member counties.

 

Subd. 6.  Railroad Warning Devices Replacement

 

 

 

1,000,000

 

To design, construct, and equip the replacement of active highway railroad grade crossing warning devices that have reached the end of their useful life.  The commissioner shall give priority to Blue Earth County.

 

Subd. 7.  Passenger and Freight Rail

 

 

 

15,000,000

 

To implement capital improvements and betterments for intercity passenger rail projects as identified in the statewide freight and passenger rail plan under Minnesota Statutes, section 174.03, subdivision 1b, which are determined to be eligible for United States Department of Transportation funding.  Notwithstanding any law to the contrary, a portion or phase of an intercity passenger rail project may be accomplished with one or more state appropriations and an intercity passenger rail project need not be completed with any one appropriation.  Capital improvements and betterments include preliminary engineering, design, engineering, environmental analysis and mitigation, acquisition of land and right-of-way, and construction.

 

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


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Subd. 8.  Safe Routes to School

 

 

 

2,000,000

 

For grants under Minnesota Statutes, section 174.40.

 

Subd. 9.  Range Regional Airport

 

 

 

5,000,000

 

For a grant to the Chisholm-Hibbing Airport Authority to construct, furnish, and equip improvements and betterments of a capital nature at the Range Regional Airport terminal.  The airport authority must use American-made steel for this project, unless the airport authority determines that an exception in Public Law 111-5, section 1605, applies.  The capital improvements paid for with this appropriation may be used as the local contribution required by Minnesota Statutes, section 360.305, subdivision 4.

 

Subd. 10.  Port Development Assistance

 

 

 

8,000,000

 

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

 

Sec. 14.  METROPOLITAN COUNCIL

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$70,000,000

 

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

 

Subd. 2.  Transit Capital Improvement Program

 

 

 

50,000,000

 

(a) To advance transit in the metropolitan area in accordance with the Metropolitan Council's 2030 Transportation Policy Plan and in consultation with the Counties Transit Improvement Board.  This appropriation may be used by the Metropolitan Council or for grants to metropolitan area political subdivisions for preliminary engineering, engineering, environmental assessment, environmental work, design, right-of-way acquisition, and construction for the Lake Street and I-35W transit station in Minneapolis, and in the following transit way corridors:  Bottineau Boulevard, East 7th Street in St. Paul, I-94 Gateway, Nicollet Avenue, Red Rock, Riverview, Robert Street, Rush Line, Snelling Avenue, and Southwest.

 

(b) The council shall allocate transit capital development resources so as to achieve geographic balance within the region to the extent possible.

 

Subd. 3.  Metropolitan Regional Parks and Trails Capital Improvements

 

 

 

 

(a) Springbrook Nature Center, Fridley

 

 

 

5,000,000


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

 

(b) Heritage Village - Rock Island Swing Bridge, Inver Grove Heights

 

 

 

3,500,000

 

For a grant to the city of Inver Grove Heights for public infrastructure improvements and land acquisition in and adjacent to the Heritage Village Park, the Mississippi River Trail, and the Rock Island Swing Bridge.  These improvements will include but are not limited to motor vehicle access, utility service, stormwater treatment, and trail and sidewalk connections.  This appropriation is not available until the commissioner of management and budget has determined that at least an equal amount has been committed to the project from nonstate sources.

 

(c) Fish Creek Trail, Maplewood

 

 

 

500,000

 

For a grant to the city of Maplewood to acquire and develop approximately 70 acres of land along Fish Creek to be included within the Fish Creek Natural Greenway, a park of regional and historical significance located in Ramsey County within the Mississippi National River and Recreation Area.  This appropriation is not available until an amount sufficient to complete the acquisition is committed to the project from nonstate sources.

 

(d) Minneapolis Sculpture Garden

 

 

 

7,000,000

 

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

 

(e) Washington and Dakota Counties Regional Trails

 

 

 

2,000,000

 

For a grant to Washington County to design and construct trail bridges and related trails that connect the regional trail systems of Washington and Dakota Counties.


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Subd. 4.  Metropolitan Cities Inflow and Infiltration Grants

 

 

2,000,000

 

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

 

Sec. 15.  HUMAN SERVICES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$42,662,000

 

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

 

Subd. 2.  Asset Preservation

 

 

 

2,000,000

 

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

 

Subd. 2.  Minnesota Security Hospital - St. Peter, Phase One

 

 

36,317,000

 

To complete the design of and to construct, furnish, and equip the first phase of a two-phase project to remodel existing, and to develop new, residential, program, activity, and ancillary facilities for the Minnesota Security Hospital on the upper campus of the St. Peter Regional Treatment Center.  In addition, phase one includes funding to design phase two of the project.  Upon substantial completion of phase one, any unspent portion of this appropriation is available for phase two.

 

Subd. 3.  Remembering With Dignity

 

 

 

195,000

 

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

 

Subd. 4.  Hennepin County; St. David's Center for Child and Family Development

 

 

 

3,500,000

 

To the commissioner of human services for a grant to Hennepin County to acquire land for and to predesign, design, construct, furnish, and equip the expansion and renovation of the St. David's Center for Child and Family Development, subject to Minnesota


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Statutes, section 16A.695.  The center must be used to promote the public welfare by providing early childhood education and respite care, children's mental health services, pediatric rehabilitative therapies for children with special needs, support services for persons with disabilities, foster care placement, and other interventions for children who are at risk for poor developmental outcomes or maltreatment.  This appropriation is not available until the commissioner of management and budget has determined that at least an equal amount has been expended or committed to the project from nonstate resources.

 

Subd. 5.  Maplewood; Harriet Tubman Center East

 

 

 

650,000

 

To the commissioner of human services for a grant to the city of Maplewood to design, renovate, and equip the Harriet Tubman Center East to be used as a regional safety service center for a domestic violence shelter, legal services, youth programs, mental and chemical health services, and community education.  This appropriation is added to the appropriation in Laws 2012, chapter 293, section 18, subdivision 3, for the same purposes.

 

Sec. 16.  VETERANS AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$23,250,000

 

To the commissioner of administration for the purposes specified in this section.  The commissioner must seek to maximize available federal funds and allocate money appropriated in this section so as to maximize the use of all available federal funding.

 

Subd. 2.  Asset Preservation

 

 

 

3,705,000

 

For asset preservation improvements and betterments of a capital nature at the veterans homes and the Little Falls veterans cemetery, to be spent in accordance with Minnesota Statutes, section 16B.307.  Of this appropriation:

 

(1) $275,000 is for the Fergus Falls veterans home;

 

(2) $1,635,000 is for the Hastings veterans home;

 

(3) $770,000 is for the Luverne veterans home;

 

(4) $975,000 is for the Silver Bay veterans home; and

 

(5) $70,000 is for the Little Falls veterans cemetery.

 

Subd. 3.  Minneapolis Veterans Home Building 17 South

 

 

18,935,000

 

To complete the design of, perform hazardous materials abatement for, and demolish the south wing of Building 17 and adjoining buildings, and design, reconstruct, and furnish the new south wing


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of Building 17 and adjoining buildings as a new skilled nursing building, construct a new distribution and service tunnel to serve buildings 6, 17 north, and 19, and the future 17 south, and design, construct, and equip a network and server room, including installation of new fiber optic lines.

 

Subd. 4.  Veterans Homes Resident Lift System

 

 

 

385,000

 

To purchase and install fixed asset ceiling lifts in resident rooms.

 

Subd. 5.  All-Veterans Memorial

 

 

 

225,000

 

For a grant to Edina to design and construct the All-Veterans Memorial in the city of Edina, in accordance with Minnesota Statutes, section 416.01.  This appropriation is not available until the commissioner of management and budget has determined that at least an equal amount has been committed to the project from nonstate sources.

 

Sec. 17.  CORRECTIONS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$8,187,000

 

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

 

Subd. 2.  Asset Preservation

 

 

 

3,000,000

 

For asset preservation improvements and betterments of a capital nature at Minnesota correctional facilities statewide, including providing additional space for sex offender treatment, in accordance with Minnesota Statutes, section 16B.307.

 

Subd. 3.  Minnesota Correctional Facility - Shakopee

 

 

 

5,187,000

 

To design, construct, and equip a fence of decorative iron pickets and masonry piers that will provide essential components of effective and reliable escape detection and intrusion, including but not limited to installation of a fence protection alarm system, additional lighting and security cameras, and renovations of existing facilities required to accommodate the technology and functionality of the new system.

 

Sec. 18.  EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$114,971,000

 

To the commissioner of employment and economic development for the purposes specified in this section.


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Subd. 2.  Public Building Accessibility Grants

 

 

 

450,000

 

For grants to political subdivisions under Minnesota Statutes, section 116J.434.

 

Subd. 3.  Brainerd - Sewer and Water Extension to the Brainerd Lakes Regional Airport

 

 

 

5,000,000

 

For a grant to the city of Brainerd to design, engineer, and construct an extension of water and sanitary sewer service to the Brainerd Lakes Regional Airport and to replace approximately one mile of existing sewer to accommodate flow from the airport.

 

Subd. 4.  Duluth

 

 

 

 

 

(a) NorShor Theatre

 

 

 

4,950,000

 

For a grant to the Duluth Economic Development Authority to design, construct, furnish, and equip public improvements and to provide public access to the historic NorShor Theatre, including skyway access for connection to nearby public parking, interior circulation, street and utility improvements, handicapped access, and restoration of the theater's lobby, entrance, and marquee as part of the overall restoration of the theater.

 

This appropriation is not available until the commissioner of management and budget has determined that at least $2 has been committed from nonstate sources for private renovation and improvement of the interior of the theatre and the surrounding structures for every $1 of state funds, and that sufficient nonstate funds are available to complete both the state bond-financed portion of the project and the balance of the private development.  Funds invested in the project by a person receiving state historic tax credits pursuant to Minnesota Statutes, section 290.0681, shall be deemed nonstate funds for purposes of this requirement.  The city of Duluth and the Duluth Economic Development Authority may operate a performing arts center and facilities that provide access to the center, and may enter into a lease or management agreement, subject to Minnesota Statutes, section 16A.695.  The state bond-financed project subject to Minnesota Statutes, section 16A.695, shall consist only of those improvements paid for with state general obligation bond proceeds.  The state bond-financed property may be legally described either as a separately platted real estate parcel under a registered land survey or a condominium unit.  Due to the integrated nature of the overall development, public bidding shall not be required for the state bond-financed project, provided there shall be a separate construction contract for this portion of the project, and any amounts required for this portion of the project, in excess of the bond appropriation, shall be paid by nonstate sources.


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(b) Wade Stadium

 

 

 

250,000

 

For a grant to the city of Duluth to design improvements to Wade Stadium, including a grandstand and field, with proper drainage, for a ballpark and public outdoor events facility.  This appropriation is not available until the commissioner determines that at least an equal amount is committed to the project from nonstate sources.

 

Subd. 5.  Fosston - Second Street Road Improvement

 

 

 

400,000

 

For a grant to the city of Fosston to improve Second Street to allow for future development.  This work would include removal of approximately seven blocks of old street, sewer and water lines, and replacement of sewer and water lines and street construction, to a nine-ton capacity.  This appropriation is not available until at least an equal amount has been committed to the project from nonstate sources.

 

Subd. 6.  Grand Rapids - Regional Arts Center

 

 

 

250,000

 

For a grant to the city of Grand Rapids for predesign and design of a regional arts center in Grand Rapids.  This appropriation is not available until the commissioner of management and budget determines that at least an equal amount is committed from nonstate sources.

 

Subd. 7.  Mankato - Arena and Events Center Auditorium

 

 

14,500,000

 

For a grant to the city of Mankato to design, construct, improve, furnish, and equip the Mankato Arena and to design, expand, furnish, and equip the adjacent Events Center Auditorium.

 

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

 

Subd. 8.  Maple Plain - Street and Utility Project

 

 

 

930,000

 

For a grant to the city of Maple Plain for the design, removal, and reconstruction of two city streets including the replacement of aging sewer and water lines.  This appropriation is not available until at least an equal amount has been committed to the project from nonstate sources.

 

Subd. 9.  Minneapolis - Masonic Temple at Hennepin Center for the Arts

 

 

 

3,000,000

 

For a grant to the city of Minneapolis for improvements and betterments of a capital nature to renovate the historic Masonic Temple at the Hennepin Center for the Arts, subject to Minnesota Statutes, section 16A.695.


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Subd. 10.  Park Rapids Upper Mississippi Center

 

 

 

2,500,000

 

For a grant to the Park Rapids Economic Development Authority for acquisition, and to predesign, design, construct, furnish, and equip the renovation, including hazardous materials abatement, demolition, health, safety and building code compliance, mechanical systems, and space restoration, of the historic National Guard Armory Building in downtown Park Rapids, for use as a regional arts and event center, subject to Minnesota Statutes, section 16A.695.  This appropriation is not available until the commissioner of management and budget has determined that an amount sufficient to complete the project is committed from nonstate sources.

 

Subd. 11.  Red Wing

 

 

 

 

 

(a) River Renaissance

 

 

 

1,583,000

 

For a grant to the city of Red Wing for improvements of a capital nature to the area between Levee Road and the Mississippi River, extending between Bay Point Drive and Broad Street in Red Wing.  This project includes:  reconstruction of Levee Road from Broad Street to Jackson Street; improvements to storm water, sanitary sewer, and drinking water infrastructure; replacement of a harbor retaining wall; parking improvements; lighting improvements; and construction of a segment of the Riverwalk Trail.  This grant is not available until the commissioner of management and budget determines that an amount sufficient to complete the project is committed to it from nonstate sources.

 

(b) Shear-Shredder

 

 

 

1,950,000

 

For a grant to the city of Red Wing to acquire and install a shear-shredder to produce refuse-derived fuel.

 

Subd. 12.  Rochester - Mayo Civic Center Complex

 

 

 

35,000,000

 

 

For a grant to the city of Rochester to design, construct, furnish, and equip the renovation and expansion of the Mayo Civic Center complex and related infrastructure, including but not limited to skyway access, lighting, parking, and landscaping.

 

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

 

Subd. 13.  St. Cloud - River's Edge Convention Center

 

 

10,800,000

 

For a grant to the city of St. Cloud to predesign, design, construct, furnish, and equip an expansion of the River's Edge Convention Center, including a parking facility and pedestrian skyway


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connection.  This appropriation is not available until the commissioner of management and budget determines that at least $10,100,000 has been committed to the project from nonstate sources.  Amounts expended by the city of St. Cloud for project costs since July 1, 2010, shall count toward the matching requirement.

 

Subd. 14.  St. Paul

 

 

 

 

 

(a) Minnesota Children's Museum

 

 

 

14,000,000

 

For a grant to the city of St. Paul to predesign, design, construct, furnish, and equip an expansion and renovation of the Minnesota Children's Museum, subject to Minnesota Statutes, section 16A.695.  The expansion and exhibit upgrades should incorporate the latest research on early learning, allow for new state-of-the art education facilities, and increase the capacity of visitors to galleries and programming areas.

 

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

 

(b) Ordway Center for the Performing Arts

 

 

 

5,000,000

 

This appropriation is added to the appropriation in Laws 2010, chapter 189, section 21, subdivision 16, paragraph (b), and is for the same purposes.

 

(c) Twin Cities Public Television Building Renovation

 

 

 

9,000,000

 

For a grant to the city of St. Paul to construct and renovate the Twin Cities Public Television Building in downtown St. Paul.  This appropriation is not available until at least an equal amount is committed to the project from nonstate sources.

 

(d) University Enterprise Laboratories

 

 

 

500,000

 

For a grant to the St. Paul Port Authority to design phase two of the University Enterprise Laboratories building in St. Paul, subject to Minnesota Statutes, section 16A.695.  Amounts expended to complete phase one of the University Enterprise Laboratories building since January 1, 2004, shall count toward the matching requirement.

 

Subd. 15.  Thief River Falls - Public Infrastructure

 

 

 

1,998,000

 

For a grant to the city of Thief River Falls to design, construct, and equip sewers, streets, and utility improvements for a regional development center in Thief River Falls.  This appropriation is not available until the commissioner has determined that at least an additional $1,012,000 has been committed to the project from nonstate sources.


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Subd. 16.  Truman - Storm Water Project

 

 

 

1,350,000

 

For a grant to the city of Truman to design, construct, and install new storm water lines to two areas of the city that experience flooding with heavy rain.  This appropriation is not available until the commissioner of management and budget has determined that at least an equal amount has been committed to the project from nonstate sources.

 

Subd. 17.  Virginia

 

 

 

 

 

(a) Utilities relocation

 

 

 

1,410,000

 

For a grant to the city of Virginia and the Virginia Public Utilities Commission for engineering and predesign for relocation of gas, electric, water, sanitary sewer, and storm sewer utilities made necessary by and in conjunction with the relocation of marked Trunk Highway 53 in Virginia.

 

(b) Mesabi trails relocation

 

 

 

150,000

 

For a grant to the St. Louis and Lake Counties Regional Railroad Authority for soil testing and preparation for relocation of portions of the Mesabi bicycle, snowmobile, and ATV trails that must be relocated due to the relocation of marked Trunk Highway 53.

 

Sec. 19.  PUBLIC FACILITIES AUTHORITY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$41,075,000

 

To the Public Facilities Authority for the purposes specified in this section.

 

Subd. 2.  State Match for Federal Grants

 

 

 

8,000,000

 

To match federal grants for the clean water revolving fund under Minnesota Statutes, section 446A.07, and the drinking water revolving fund under Minnesota Statutes, section 446A.081.  This appropriation must be used for qualified capital projects.

 

Subd. 3.  Wastewater Infrastructure Funding Program

 

 

 

20,000,000

 

For grants to eligible municipalities under the wastewater infrastructure funding program under Minnesota Statutes, section 446A.072.

 

Subd. 4.  Big Lake Area Sanitary District

 

 

 

4,500,000

 

For a grant to the Big Lake Area Sanitary District to construct a pressure sewer system and force main to convey sewage to the Western Lake Superior Sanitary District connection in the city of Cloquet.


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Subd. 5.  Voyageurs National Park Clean Water Joint Powers Board

 

 

 

8,575,000

 

For grants to Koochiching County, Crane Lake Sanitary District, or the Voyageurs National Park Clean Water Joint Powers Board to acquire land for, and to predesign, design, and construct new sanitary sewer collection systems in Koochiching and St. Louis County.  The systems shall address the sanitary sewer needs and projects in the communities surrounding Voyageurs National Park.  This appropriation is not available until the commissioner of management and budget determines that at least an equal amount has been committed to the projects from nonstate sources.

 

Sec. 20.  MINNESOTA HOUSING FINANCE AGENCY

 

 

$15,000,000

 

(a) To the Minnesota Housing Finance Agency for transfer to the housing development fund to finance the costs of rehabilitation to preserve public housing under Minnesota Statutes, section 462A.202, subdivision 3a.  For purposes of this section, "public housing" means housing for low-income persons and households financed by the federal government and owned and operated by the public housing authorities and agencies formed by cities and counties.  Public housing authorities receiving a public housing assessment composite score of 80 or above are eligible to receive funding.  Priority must be given to proposals that maximize federal or local resources to finance the capital costs.  The priority in Minnesota Statutes, section 462A.202, subdivision 3a, for projects to increase the supply of affordable housing and the restrictions of Minnesota Statutes, section 462A.202, subdivision 7, do not apply to this appropriation.

 

(b) In using proceeds of the housing infrastructure bonds authorized in this article, the agency shall give consideration to projects that will provide supportive housing for homeless youth, and for women and children seeking to escape exploitation and trafficking.

 

Sec. 21.  MINNESOTA HISTORICAL SOCIETY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$10,607,000

 

To the Minnesota Historical Society for the purposes specified in this section.

 

Subd. 2.  Historic Sites Asset Preservation

 

 

 

750,000

 

For capital improvements and betterments at state historic sites, buildings, landscaping at historic buildings, exhibits, markers, and monuments, to be spent in accordance with Minnesota Statutes, section 16B.307.  The society shall determine project priorities as appropriate based on need.


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Subd. 3.  Oliver H. Kelley Farm Historic Site

 

 

 

9,857,000

 

To complete design and to construct, furnish, and equip the renovation of the Oliver H. Kelley Farm Historic Site, including the site's visitor center and other essential visitor services and site operations facilities.

 

Sec. 22.  BOND SALE EXPENSES

 

 

 

$800,000

 

To the commissioner of management and budget for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8.

 

Sec. 23.  BOND SALE SCHEDULE.

 

The commissioner of management and budget shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 2015, no more than $1,347,152,000 will need to be transferred from the general fund to the state bond fund to pay principal and interest due and to become due on outstanding state general obligation bonds.  During the biennium, before each sale of state general obligation bonds, the commissioner of management and budget shall calculate the amount of debt service payments needed on bonds previously issued and shall estimate the amount of debt service payments that will be needed on the bonds scheduled to be sold.  The commissioner shall adjust the amount of bonds scheduled to be sold so as to remain within the limit set by this section.  The amount needed to make the debt service payments is appropriated from the general fund as provided in Minnesota Statutes, section 16A.641.

 

Sec. 24.  BOND SALE AUTHORIZATION.

 

Subdivision 1.  Bond proceeds fund.  To provide the money appropriated in this act from the bond proceeds fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $792,640,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

 

Subd. 2.  Maximum effort school loan fund.  To provide the money appropriated in this act from the maximum effort school loan fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $5,491,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.  The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the maximum effort school loan fund.

 

Subd. 3.  Transportation fund.  To provide the money appropriated in this act from the state transportation fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $45,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.  The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the state transportation fund.

 

Sec. 25.  CANCELLATION; BOND SALE AUTHORIZATION REDUCTION.

 

The $2,000,000 appropriation in Laws 2009, chapter 93, article 1, section 11, subdivision 7, for the Alexandria aircraft surveillance facility, is canceled.  The bond sale authorization in Laws 2009, chapter 93, article 1, section 21, subdivision 1, is reduced by $2,000,000.


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Sec. 26.  Minnesota Statutes 2012, section 12A.16, subdivision 5, is amended to read:

 

Subd. 5.  Waivers authorized.  The requirements of section 174.50, subdivisions 5, 6, 6a, and to 7, are waived for grants under subdivision 3.

 

Sec. 27.  Minnesota Statutes 2012, section 16A.641, subdivision 4a, is amended to read:

 

Subd. 4a.  Negotiated sales; temporary authority.  Notwithstanding the public sale requirements of subdivision 4 and section 16A.66, subdivision 2, from June 1, 2009, until June 30, 2013, the commissioner may sell bonds, including refunding bonds, at negotiated sale.

 

Sec. 28.  Minnesota Statutes 2012, section 16B.335, subdivision 1, is amended to read:

 

Subdivision 1.  Construction and major remodeling.  (a) The commissioner, or any other recipient to whom an appropriation is made to acquire or better public lands or buildings or other public improvements of a capital nature, must not prepare final plans and specifications for any construction, major remodeling, or land acquisition in anticipation of which the appropriation was made until the agency that will use the project has presented the program plan and cost estimates for all elements necessary to complete the project to the chair of the senate Finance Committee and the chair of the house of representatives Ways and Means Committee and the chairs have made their recommendations, and the chair of the senate Capital Investment Committee and the chair of the house of representatives Capital Investment Committee is are notified.  "Construction or major remodeling" means construction of a new building, a substantial addition to an existing building, or a substantial change to the interior configuration of an existing building.  The presentation must note any significant changes in the work that will be done, or in its cost, since the appropriation for the project was enacted or from the predesign submittal.  The program plans and estimates must be presented for review at least two weeks before a recommendation is needed.  The recommendations are advisory only.  Failure or refusal to make a recommendation is considered a negative recommendation.  The chairs of the senate Finance Committee and Capital Investment Committees and the house of representatives Capital Investment and Ways and Means Committees must also be notified whenever there is a substantial change in a construction or major remodeling project, or in its cost.

 

(b) Capital projects exempt from the requirements of this subdivision include demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the commissioner of transportation has entered into an assistance agreement under section 457A.04, ice centers, a local government project with a construction cost of less than $1,500,000, or any other capital project with a construction cost of less than $750,000.

 

Sec. 29.  Minnesota Statutes 2012, section 16B.335, subdivision 2, is amended to read:

 

Subd. 2.  Other projects.  All other capital projects for which a specific appropriation is made must not proceed until the recipient undertaking the project has notified the chairs of the senate Capital Investment and Finance Committee Committees and the house of representatives Capital Investment and Ways and Means Committees that the work is ready to begin.  Notice is not required for capital projects needed to comply with the Americans with Disabilities Act, for asset preservation projects to which section 16B.307 applies, or for projects funded by an agency's operating budget or by a capital asset preservation and replacement account under section 16A.632, or a higher education asset preservation and replacement account under section 135A.046.


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Sec. 30.  Minnesota Statutes 2012, section 16B.335, subdivision 5, is amended to read:

 

Subd. 5.  Information technology.  Agency requests for construction and remodeling funds shall include money for cost-effective information technology investments that would enable an agency to reduce its need for office space, provide more of its services electronically, and decentralize its operations.  The Office of Enterprise Technology must review and approve the information technology portion of construction and major remodeling program plans before the plans are submitted to the chairs of the senate Finance Committee and the house of representatives Ways and Means Committee for their recommendations and the chair of the senate Capital Investment Committee and the chair of the house of representatives Capital Investment Committee is are notified as required by subdivision 1.

 

Sec. 31.  Minnesota Statutes 2012, section 16C.144, subdivision 2, is amended to read:

 

Subd. 2.  Guaranteed energy-savings agreement.  The commissioner may enter into a guaranteed energy-savings agreement with a qualified provider if:

 

(1) the qualified provider is selected through a competitive process in accordance with the guaranteed energy-savings program guidelines within the Department of Administration;

 

(2) the qualified provider agrees to submit an engineering report prior to the execution of the guaranteed energy-savings agreement.  The cost of the engineering report may be considered as part of the implementation costs if the commissioner enters into a guaranteed energy-savings agreement with the provider;

 

(3) the term of the guaranteed energy-savings agreement shall not exceed 15 20 years from the date of final installation;

 

(4) the commissioner finds that the amount it would spend on the utility cost-savings measures recommended in the engineering report will not exceed the amount to be saved in utility operation and maintenance costs over 15 20 years from the date of implementation of utility cost-savings measures;

 

(5) the qualified provider provides a written guarantee that the annual utility, operation, and maintenance cost savings during the term of the guaranteed energy-savings agreement will meet or exceed the annual payments due under a lease purchase agreement.  The qualified provider shall reimburse the state for any shortfall of guaranteed utility, operation, and maintenance cost savings; and

 

(6) the qualified provider gives a sufficient bond in accordance with section 574.26 to the commissioner for the faithful implementation and installation of the utility cost-savings measures.

 

Sec. 32.  Minnesota Statutes 2012, section 16C.144, subdivision 3, is amended to read:

 

Subd. 3.  Lease purchase agreement.  The commissioner may enter into a lease purchase agreement with any party for the implementation of utility cost-savings measures in accordance with the guaranteed energy-savings agreement.  The implementation costs of the utility cost-savings measures recommended in the engineering report shall not exceed the amount to be saved in utility and operation and maintenance costs over the term of the lease purchase agreement.  The term of the lease purchase agreement shall not exceed 15 20 years from the date of final installation.  The lease is assignable in accordance with terms approved by the commissioner of management and budget.

 

Sec. 33.  [116J.434] PUBLIC BUILDING ACCESSIBILITY GRANT PROGRAM.

 

Subdivision 1.  Creation of account.  A public building accessibility account is created in the bond proceeds fund.  Money in the account is appropriated to the commissioner for grants under this section.


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Subd. 2.  Definitions.  For the purposes of this section:

 

(1) "accessible" means satisfies the requirements of the State Building Code for accessibility by persons with disabilities;

 

(2) "eligible project" means predesign, design, acquisition of land or an interest in land, construction, renovation, or other improvement or betterment of a capital nature to make a building or facility owned by a local government unit accessible or improve its accessibility;

 

(3) "governing body" means the county board of commissioners, city council, or town board of supervisors; and

 

(4) "local government unit" means a county, statutory or home rule charter city, or town.

 

Subd. 3.  Grant program established.  The commissioner shall make grants to local government units on a first-come, first-served basis for eligible projects.

 

Subd. 4.  Application.  A local government unit seeking a grant under this section must apply to the commissioner in the form and manner determined by the commissioner.  The application must include:

 

(1) a resolution of the governing body requesting the grant and stating that the local government unit has or will have in a timely manner the required nonstate contribution necessary to complete the project;

 

(2) a detailed description of the project and cost estimate, along with necessary supporting evidence; and

 

(3) any other information the commissioner determines is necessary or useful.

 

Subd. 5.  Maximum grant amount; match.  A local unit of government must not be awarded in aggregate more than $150,000, whether for one or more projects in one or more years.  The local government unit awarded a grant under this section must provide at least an equal amount from nonstate sources, which may include contributions made before the grant is awarded.

 

Sec. 34.  Minnesota Statutes 2012, section 123B.65, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  The definitions in this subdivision apply to this section.

 

(a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes:

 

(1) insulation of the building structure and systems within the building;

 

(2) storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

 

(3) automatic energy control systems;

 

(4) heating, ventilating, or air conditioning system modifications or replacements;

 

(5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless such increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made;


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(6) energy recovery systems;

 

(7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;

 

(8) energy conservation measures that provide long-term operating cost reductions.

 

(b) "Guaranteed energy-savings contract" means a contract for the evaluation and recommendations of energy conservation measures, and for one or more energy conservation measures.  The contract must provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed 15 20 years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the systems.

 

(c) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy conservation measures.  A qualified provider to whom the contract is awarded shall give a sufficient bond to the school district for its faithful performance.

 

(d) "Commissioner" means the commissioner of commerce through the state energy office.

 

Sec. 35.  Minnesota Statutes 2012, section 123B.65, subdivision 7, is amended to read:

 

Subd. 7.  District action.  A district may enter into a guaranteed energy-savings contract with a qualified provider if, after review of the report and the commissioner's evaluation if requested, or if required under section 216C.372, the board finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over 15 20 years from the date of installation if the recommendations in the report were followed, and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system.  The guaranteed energy-savings contract may provide for payments over a period of time, not to exceed 15 20 years.  Notwithstanding section 123B.79, a district annually may transfer from the general fund to the reserve for operating capital account an amount up to the amount saved in energy and operation costs as a result of guaranteed energy-savings contracts.

 

Sec. 36.  Minnesota Statutes 2012, section 174.50, subdivision 6b, is amended to read:

 

Subd. 6b.  Bridge engineering and design costs in smaller cities.  Until June 30, 2007, (a) The commissioner may make grants from the state transportation fund to a home rule or statutory city with a population of 5,000 or less and a net tax capacity of under $200,000 for design, and preliminary engineering, and construction of bridges on city streets.

 

(b) Grants under this subdivision are subject to the procedures and criteria established under subdivisions 5 and, 6, and 7.

 

(c) Grants may be used for:

 

(1) 100 percent of the design and preliminary engineering costs that are in excess of $10,000;

 

(2) 100 percent of the bridge approach work costs that are in excess of $10,000; and

 

(3) 100 percent of the bridge construction work costs. 

 

Total grants under this subdivision to all cities may not exceed $200,000.


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Sec. 37.  Minnesota Statutes 2012, section 174.50, subdivision 7, is amended to read:

 

Subd. 7.  Bridge grant program requirements; rulemaking.  (a) The commissioner of transportation shall develop rules, procedures for application for grants, conditions of grant administration, standards, and criteria as provided under subdivision 6, including bridge specifications, in cooperation with road authorities of political subdivisions, for use in the administration of funds appropriated to the commissioner and for the administration of grants to subdivisions.

 

(b) The maximum use of standardized bridges is encouraged.  Regardless of the size of the existing bridge, a bridge or replacement bridge is eligible for assistance from the state transportation fund if a hydrological survey indicates that the bridge or replacement bridge must be ten feet or more in length.

 

(c) As part of the standards or rules, the commissioner shall, in consultation with local road authorities, establish a minimum distance between any two bridges that cross over the same river, stream, or waterway, so that only one of the bridges is eligible for a grant under this section.  As appropriate, the commissioner may establish exceptions from the minimum distance requirement or procedures for obtaining a variance.

 

(d) Political subdivisions may use grants made under this section to construct or reconstruct bridges, including but not limited to:

 

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

 

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

 

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

 

(e) Funds appropriated to the commissioner from the Minnesota state transportation fund shall be segregated from the highway tax user distribution fund and other funds created by article XIV of the Minnesota Constitution.

 

Sec. 38.  Minnesota Statutes 2012, section 216C.10, is amended to read:

 

216C.10 COMMISSIONER POWERS.

 

(a) The commissioner may:

 

(1) adopt rules under chapter 14 as necessary to carry out the purposes of sections 216C.05 to 216C.30;

 

(2) make all contracts under sections 216C.05 to 216C.30 and do all things necessary to cooperate with the United States government, and to qualify for, accept, and disburse any grant intended for the administration of sections 216C.05 to 216C.30;

 

(3) provide on-site technical assistance to units of local government in order to enhance local capabilities for dealing with energy problems;

 

(4) administer for the state, energy programs under federal law, regulations, or guidelines, and coordinate the programs and activities with other state agencies, units of local government, and educational institutions;


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(5) develop a state energy investment plan with yearly energy conservation and alternative energy development goals, investment targets, and marketing strategies;

 

(6) perform market analysis studies relating to conservation, alternative and renewable energy resources, and energy recovery;

 

(7) assist with the preparation of proposals for innovative conservation, renewable, alternative, or energy recovery projects;

 

(8) manage and disburse funds made available for the purpose of research studies or demonstration projects related to energy conservation or other activities deemed appropriate by the commissioner;

 

(9) intervene in certificate of need proceedings before the Public Utilities Commission;

 

(10) collect fees from recipients of loans, grants, or other financial aid from money received from litigation or settlement of alleged violations of federal petroleum-pricing regulations, which fees must be used to pay the department's costs in administering those financial aids; and

 

(11) collect fees from proposers and operators of conservation and other energy-related programs that are reviewed, evaluated, or approved by the department, other than proposers that are political subdivisions or community or nonprofit organizations, to cover the department's cost in making the reviewal, evaluation, or approval and in developing additional programs for others to operate.; and

 

(12) fix, charge, and collect fees from state agencies, units of local government, education institutions, and others that use the department's technical support services during a guaranteed energy savings program contract under sections 16C.144, 123B.65, and 471.345, or during an energy improvement financing program for local governments under section 216C.43, to make those services self-funding, or to cover administrative costs to make grants under section 216C.372.  An energy performance contracting fund is established as a special revenue account in the state treasury.  Fees collected and interest, dividends, and any other earnings arising from fund assets must be credited to the fund.

 

(b) Notwithstanding any other law, the commissioner is designated the state agent to apply for, receive, and accept federal or other funds made available to the state for the purposes of sections 216C.05 to 216C.30.

 

Sec. 39.  [216C.371] DEFINITIONS.

 

Subdivision 1.  Scope.  For the purposes of this section and section 216C.372, the following terms have the meanings given them.

 

Subd. 2.  Capital improvement.  "Capital improvement" means the acquisition or betterment of public land, buildings, and other public improvements of a capital nature, as permitted by the Minnesota Constitution, article XI, section 5, clause (a).  It does not include repair or maintenance.

 

Subd. 3.  Commissioner.  "Commissioner" means the commissioner of commerce.

 

Subd. 3.  Energy audit.  "Energy audit" has the meaning given in section 216C.435, subdivision 4.

 

Subd. 4.  Energy improvement.  "Energy improvement" means a capital improvement to renovate or retrofit a school building that results in a net reduction in energy consumption without altering the principal source of energy.


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Subd. 5.  Engineering report.  "Engineering report" has the meaning given in section 16C.144, subdivision 1, paragraph (k).

 

Subd. 6.  School building.  "School building" means a permanent structure owned by and used for school district purposes that has a permanently installed heating or cooling system.

 

Subd. 7.  School district.  "School district" means a public independent, common, special, or intermediate school district or a charter school.

 

Subd. 8.  Statewide greenhouse gas emissions.  "Statewide greenhouse gas emissions" has the meaning given in section 216H.01, subdivision 2.

 

Sec. 40.  [216C.372] SCHOOL ENERGY CONSERVATION GRANT PROGRAM.

 

Subdivision 1.  Grant program established.  A school energy conservation grant program account is established in the bond proceeds fund to receive appropriations of state bond proceeds.  Money in the account is appropriated to the commissioner of commerce to make grants to school districts for energy improvements as provided in this section.

 

Subd. 2.  Purpose.  The school energy conservation grant program is created to provide financial assistance to school districts to make energy improvements in school buildings that reduce statewide greenhouse gas emissions and improve indoor air quality in schools.

 

Subd. 3.  Grants, match required.  The commissioner shall make energy improvement grants for up to 50 percent of total project costs on a first-come, first-served basis.  A grantee may apply towards the school district's share of the total project costs the amount that the school district spent on the energy audit or engineering report, and any amounts it spends to implement energy audit or engineering report recommendations that are part of the overall project but that are not eligible under this section.

 

Subd. 4.  Applications.  (a) A school district must apply to the commissioner in the manner and on forms prescribed by the commissioner.  An applicant must provide the following information:

 

(1) the name and contact information for the school district and the persons responsible for grant administration and project implementation;

 

(2) the estimated total cost of the energy improvements and the grant amount sought;

 

(3) a description of the energy improvements;

 

(4) the proposed sources of matching funds, including, a copy of the proposed guaranteed energy-savings contract or lease-purchase agreement if the source of matching funds is a guaranteed energy-savings contract entered into under section 16C.144 or section 123B.54, or a lease-purchase agreement entered into under section 16C.144;

 

(5) the results of an energy audit conducted by an independent contractor, or an engineering report prepared by a contractor qualified through section 16C.144 or section 216C.43, estimating the energy savings that will be realized as a result of the project;

 

(6) a description of the projected improvements in indoor air quality achieved as a result of the project, if applicable; and

 

(7) any additional information requested by the commissioner.


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(b) A school district may, in consultation with the commissioner, evaluate the use of the guaranteed energy-savings program outlined in section 16C.144 or an energy improvement financing program for local governments outlined in section 216C.43 before making an application for the school energy conservation loan program.

 

Subd. 5.  Commissioner review.  The commissioner shall review applications filed under this section and shall notify a school district in writing of the decision to approve or disapprove the application.  If the commissioner disapproves an application, the notice shall state the reasons why the application was disapproved.  If an approved application includes a proposed guaranteed energy-savings contract or lease-purchase agreement as a source of matching funds, the notice shall contain the commissioner's comments and recommendations regarding the provisions of the guaranteed energy-savings contract or lease-purchase agreement.

 

Subd. 6.  Biennial report.  The commissioner shall report by February 1 of each even-numbered year to the chairs and ranking minority members of the committees of the house of representatives and senate with jurisdiction over energy policy, education finance, and capital investment.  The report must identify the school districts and school buildings in which projects have been financed through the program, the amount of the grants, the total project costs, the estimated and, if possible, measured energy savings and greenhouse gas emissions reductions, the demand for and availability of grant money, and any other information the commissioner determines would be useful to the legislature.  The commissioner shall also submit the report as required in section 3.195.

 

Sec. 41.  Minnesota Statutes 2012, section 462A.36, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section the following terms have the meanings given them in this subdivision.

 

(b) "Debt service" means the amount payable in any fiscal year of principal, premium, if any, and interest on nonprofit housing bonds and the fees, charges, and expenses related to the bonds.

 

(c) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.

 

(d) "Nonprofit housing bonds" means bonds issued by the agency under chapter 462A that are "qualified 501(c)(3) bonds" (within the meaning of Section 145(a) of the Internal Revenue Code), finance qualified residential rental projects within the meaning of Section 142(d) of the Internal Revenue Code, or are not "private activity bonds" (within the meaning of Section 141(a) of the Internal Revenue Code), for the purpose of financing or refinancing affordable housing authorized under this chapter.

 

(e) "Permanent supportive housing" means housing that is not time-limited and provides or coordinates with linkages to services necessary for residents to maintain housing stability and maximize opportunities for education and employment.

 

Sec. 42.  Minnesota Statutes 2012, section 462A.37, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Abandoned property" has the meaning given in section 117.025, subdivision 5.

 

(c) "Community land trust" means an entity that meets the requirements of section 462A.31, subdivisions 1 and 2.

 

(d) "Debt service" means the amount payable in any fiscal year of principal, premium, if any, and interest on housing infrastructure bonds and the fees, charges, and expenses related to the bonds.


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(e) "Foreclosed property" means residential property where foreclosure proceedings have been initiated or have been completed and title transferred or where title is transferred in lieu of foreclosure.

 

(f) "Housing infrastructure bonds" means bonds issued by the agency under this chapter that are qualified 501(c)(3) bonds, within the meaning of Section 145(a) of the Internal Revenue Code, finance qualified residential rental projects within the meaning of Section 142(d) of the Internal Revenue Code, or are tax-exempt bonds that are not private activity bonds, within the meaning of Section 141(a) of the Internal Revenue Code, for the purpose of financing or refinancing affordable housing authorized under this chapter.

 

(g) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.

 

(h) "Supportive housing" means housing that is not time-limited and provides or coordinates with linkages to services necessary for residents to maintain housing stability and maximize opportunities for education and employment.

 

Sec. 43.  Minnesota Statutes 2012, section 462A.37, is amended by adding a subdivision to read:

 

Subd. 2a.  Additional authorization.  In addition to the amount authorized in subdivision 2, the agency may issue up to $35,000,000 of housing infrastructure bonds in one or more series to which the payments made under this section may be pledged.

 

Sec. 44.  Minnesota Statutes 2012, section 462A.37, is amended by adding a subdivision to read:

 

Subd. 5.  Additional appropriation.  (a) The agency must certify annually to the commissioner of management and budget the actual amount of annual debt service on each series of bonds issued under subdivision 2a.

 

(b) Each July 15, beginning in 2014 and through 2033, if any housing infrastructure bonds issued under subdivision 2a remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 32, the amount certified under paragraph (a), not to exceed $2,590,000 annually.  The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

 

(c) The agency may pledge to the payment of the housing infrastructure bonds the payments to be made by the state under this section.

 

Sec. 45.  Laws 2002, chapter 393, section 22, subdivision 6, as amended by Laws 2005, chapter 20, article 1, section 43, is amended to read:

 

Subd. 6.  Fergus Falls Regional Treatment Center

 

 

 

3,000,000

 

To design, renovate, construct, furnish, and equip ancillary support and program facilities, including improvements to basic infrastructure, such as sanitary and storm sewer and water lines, public streets, curb, gutter, street lights, or sidewalks, to make improvements for building envelope and structural integrity for the purposes of stabilizing the buildings for sale, for hazardous materials abatement, and for demolition that will facilitate the relocation of the facility's ancillary support, treatment, and residential programs from the Kirkbride buildings and of all or portions of surplus, nonfunctional, or deteriorated facilities and infrastructure or to renovate surplus, nonfunctional, or deteriorated facilities and infrastructure to facilitate


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the disposition redevelopment of the Fergus Falls Regional Treatment Center campus.  If the property is sold or transferred to a local unit of government, the unspent portion of this appropriation may be granted to the local unit of government that acquires the campus for the purposes stated in this subdivision.

 

Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds in this subdivision are available until December 31, 2016.

 

Sec. 46.  Laws 2005, chapter 20, article 1, section 20, subdivision 3, as amended by Laws 2006, chapter 258, section 47, is amended to read:

 

Subd. 3.  Systemwide Redevelopment, Reuse, or Demolition

 

 

17,600,000

 

To demolish or improve surplus, nonfunctional, or deteriorated facilities and infrastructure at Department of Human Services campuses statewide. 

 

(a) Up to $8,600,000 may be used to predesign, design, construct, furnish, and equip renovation of existing space or construction of new space for skilled nursing home capacity for forensic treatment programs operated by state-operated services on the campus of St. Peter Regional Treatment Center. 

 

(b) $4,000,000 may be used to prepare and develop a site, including demolition of buildings and infrastructure, to implement the redevelopment and reuse of the Ah-Gwah-Ching Regional Treatment Center campus.  If the property is sold or transferred to a local unit of government, the unspent portion of this appropriation may be granted to the local unit of government that acquires the campus for the purposes stated in this subdivision. 

 

Up to $400,000 may be used for a grant to the city of Walker to connect the water reservoir to the city. 

 

(c) $1,000,000 may be used to renovate one or more buildings for chemical dependency treatment specializing in methamphetamine addiction, and demolish buildings, on the Willmar Regional Treatment Center campus.  If the property is sold or transferred to a local unit of government, the unspent portion of this appropriation may be granted to the local unit of government that acquires the campus for the purposes stated in this subdivision. 

 

(d) Up to $2,210,000 may be spent by the commissioner of finance to retire municipal bonds issued by the city of Fergus Falls and to retire interfund loans incurred by the city of Fergus Falls in connection with the waste incinerator and steam heating facility at the Fergus Falls Regional Treatment Center.  $447,610 of unexpended nonsalary money from state-operated services may be transferred as a grant to the city of Fergus Falls to retire interfund loans incurred by the city of


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Fergus Falls in connection with the waste incinerator and steam heating facility at the Fergus Falls Regional Treatment Center.  This money is only available upon satisfactory completion of implementation of the final master plan agreement, as approved by the Department of Administration, the Department of Human Services, and the city of Fergus Falls.

 

(e) Up to $400,000 may be used for a grant to the city of Fergus Falls for hazardous materials abatement, improvements to basic infrastructure, including sanitary and storm sewer and water lines, public streets, curb, gutter, street lights, or sidewalks, to make improvements for building envelope and structural integrity for the purposes of stabilizing the buildings for sale, and to demolish all or portions of surplus, nonfunctional, or deteriorated facilities and infrastructure or to renovate surplus, nonfunctional, or deteriorated facilities and infrastructure to facilitate redevelopment of the city's waste-to-energy incineration plant located on the grounds of the Fergus Falls Regional Treatment Center campus. 

 

Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds in this paragraph are available until December 31, 2016.

 

(f) The provisions, terms, and conditions of any grant made by the director of the Office of Environmental Assistance under Minnesota Statutes, chapter 115A, to the city of Fergus Falls for the waste incinerator steam heating facility that supports the Fergus Falls Regional Treatment Center and that may come into effect as a result of the incinerator and facility being closed, are hereby waived.

 

Sec. 47.  Laws 2005, chapter 20, article 1, section 23, subdivision 12, as amended by Laws 2006, chapter 171, section 2, Laws 2006, chapter 258, section 50, and Laws 2010, chapter 189, section 47, is amended to read:

 

Subd. 12.  Bioscience Development

 

 

 

18,500,000

 

For grants to political subdivisions to predesign, design, acquire, construct, furnish, and equip publicly owned infrastructure required to support bioscience development in this state. 

 

$2,500,000 is for a grant to the city of Worthington.  The $313,947.17 remaining from this appropriation, which was reported to the legislature according to Minnesota Statutes, section 16A.642, subdivision 1, on January 2, 2013, is reauthorized and does not cancel under the terms of that subdivision.  The bond sale authorization and appropriation of bond proceeds for this project are available until December 31, 2016, and also may be used to design, construct, furnish, and equip a laboratory and technology training center on the site supported by the infrastructure.

 

$14,000,000 cumulatively is for grants to the counties of Ramsey and Anoka for public improvements to the portion of County Road J located within each county, and for road and bridge improvement


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costs at marked Trunk Highway 36 and Rice Street in Ramsey County in support of bioscience business development.  This amount may be used to repay loans the proceeds of which were used for the public improvement.  The grants to the individual counties shall be in amounts proportionate to the individual counties' costs associated with the public improvements.

 

$2,000,000 is for bioscience business development public infrastructure grants under new Minnesota Statutes, section 116J.435.

 

Sec. 48.  Laws 2006, chapter 258, section 17, subdivision 8, as amended by Laws 2008, chapter 179, section 64, and Laws 2011, First Special Session chapter 12, section 30, is amended to read:

 

Subd. 8.  Metropolitan Regional Parks Capital Improvements

 

 

35,362,000

 

For the cost of improvements and betterments of a capital nature and acquisition by the council and local government units of regional recreational open-space lands in accordance with the council's policy plan as provided in Minnesota Statutes, section 473.147.  Priority must be given to park rehabilitation and land acquisition projects.

 

$300,000 is for a grant to the city of Bloomington for environmental analysis and review, design, and construction of a multimodal trail connection across or through Long Meadow Lake in the vicinity of the old Cedar Avenue bridge and for development of a segment of the Minnesota Valley State Trail from Fort Snelling State Park to the Long Meadow Lake crossing to serve as a hiking and bicycling trail connection to renovate and restore, or to replace, the Old Cedar Avenue Bridge for bicycle commuters and recreational users.  Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for this project are available until December 31, 2017.

 

$6,000,000 is for a grant to the county of Dakota to acquire land for a regional park and wildlife area adjacent to the Vermillion Highlands Research, Recreation, and Wildlife Management Area in Dakota County.

 

$1,800,000 is for a grant to the city of Minneapolis to complete land acquisition for and construction of the Cedar Lake Trail.

 

$3,500,000 is for a grant to the Minneapolis Park and Recreation Board to design, construct, furnish, and equip a new cultural and community center in the East Phillips neighborhood in Minneapolis.

 

$250,000 is for a grant to the Minneapolis Park and Recreation Board to predesign completion of the Grand Rounds National Scenic Byway by providing a link between northeast Minneapolis on Stinson Avenue and Southeast Minneapolis at East River Road.


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$2,500,000 is for a grant to the Minneapolis Park and Recreation Board to mitigate flooding at Lake of the Isles in the city of Minneapolis.  The grant must be used for shoreline stabilization and restoration, dredging, wetland replacement, and other infrastructure improvements necessary to deal with the 1997 flood damage and to prevent future flooding.

 

$321,000 is for a grant to Ramsey County to construct a bicycle and pedestrian trail on the north side of Lower Afton Road between Century Avenue and McKnight Road in the city of Maplewood.  This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.

 

$9,000,000 is for a grant to the city of St. Paul to predesign, design, construct, furnish, equip, and redevelop infrastructure at the Como Zoo.

 

$2,500,000 is for a grant to the city of St. Paul to acquire land for and to predesign, design, construct, furnish, and equip river park development and redevelopment infrastructure in National Great River Park along the Mississippi River in St. Paul.

 

$2,000,000 is for a grant to the city of South St. Paul for the closure, capping, and remediation of approximately 80 acres of the Port Crosby construction and demolition debris landfill in South St. Paul, as the fifth phase of converting the land into parkland, and to restore approximately 80 acres of riverfront land along the Mississippi River.

 

$191,000 is for a grant to the city of White Bear Lake to construct the Lake Avenue Regional Trail connecting Highway 96 Regional Trail with Ramsey Beach.

 

Sec. 49.  Laws 2006, chapter 258, section 18, subdivision 6, is amended to read:

 

Subd. 6.  Systemwide Redevelopment, Reuse, or Demolition

 

 

5,000,000

 

To abate hazardous materials, design, construct, or improve basic infrastructure, including sanitary and storm sewer and water lines, public streets, curb, gutter, street lights, or sidewalks, to make improvements for building envelope and structural integrity for the purposes of stabilizing the buildings for sale, demolish all or portions of surplus, nonfunctional, or deteriorated facilities and infrastructure or to renovate surplus, nonfunctional, or deteriorated facilities and infrastructure at to facilitate redevelopment of Department of Human Services campuses that the commissioner of administration is authorized to convey to a local unit of government under Laws 2005, chapter 20, article 1, section 46, or other law.  These projects must facilitate the redevelopment or reuse of these campuses and must be implemented consistent with the comprehensive redevelopment plans


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developed and approved under Laws 2003, First Special Session chapter 14, article 6, section 64, subdivision 2, unless expressly provided otherwise.  If a surplus campus is sold or transferred to a local unit of government, unspent portions of this appropriation may be granted to that local unit of government for the purposes stated in this subdivision.  Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds in this subdivision are available until December 31, 2016.

 

Sec. 50.  Laws 2008, chapter 179, section 7, subdivision 26, as amended by Laws 2009, chapter 7, section 1, is amended to read:

 

Subd. 26.  Regional and Local Park Grants

 

 

 

1,621,000

 

An appropriation in this subdivision is not available unless a covenant is placed, or has been placed, on the land to keep the land as a public park in perpetuity.

 

$492,000 is for a grant to Stearns County to acquire 23 acres of land adjacent to Warner Lake Park in Stearns County to serve as part of the Central Minnesota Parks and Trails.

 

$500,000 is for a grant to Chisago City to acquire land for the creation of Ojiketa Regional Park in Chisago County.

 

$129,000 is for a grant to the city of Ortonville to construct improvements of a capital nature at the Minnesota River Regional Park in the city of Ortonville.

 

$500,000 is for a grant to the city of Sartell to acquire up to 68 acres of land located along the Sauk River near the confluence of the Mississippi to serve as part of the Central Minnesota Regional Parks and Trails.  This appropriation, which was reported to the legislature according to Minnesota Statutes, section 16A.642, subdivision 1, on January 2, 2013, is reauthorized and does not cancel under the terms of that subdivision.  The bond sale authorization and appropriation of bond proceeds for this project are available until December 31, 2016.

 

Sec. 51.  Laws 2008, chapter 179, section 21, subdivision 3, is amended to read:

 

Subd. 3.  Bioscience Business Development Public Infrastructure Grant Program

 

 

 

9,000,000

 

For grants under Minnesota Statutes, section 116J.435.

 

$3,500,000 is for public infrastructure, including land acquisition, to support a private research park within a designated bioscience subzone that is adjacent to and complementary to research facilities of a college or university.  Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for this project are available until June 30, 2015.


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$1,000,000 is for a grant to the city of Worthington for public infrastructure to support an agricultural-based bioscience training and testing center for incubator firms developing new agricultural processes and products.

 

Sec. 52.  Laws 2008, chapter 365, section 4, subdivision 3, as amended by Laws 2010, chapter 189, section 58, and Laws 2011, First Special Session chapter 12, section 36, is amended to read:

 

Subd. 3.  Old Cedar Avenue Bridge

 

 

 

2,000,000

 

For a grant to the city of Bloomington for environmental analysis and review, design, and construction of a multimodal trail connection across or through Long Meadow Lake in the vicinity of the old Cedar Avenue Bridge and for development of a segment of the Minnesota Valley State Trail from Fort Snelling State Park to the Long Meadow Lake crossing to renovate and restore, or to replace, the old Cedar Avenue Bridge for bicycle commuters and recreational users.  This appropriation is added to the appropriation in Laws 2006, chapter 258, section 17, subdivision 8, as amended.  Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for this project are available until December 31, 2017.

 

Sec. 53.  Laws 2009, chapter 93, article 1, section 22, the effective date, as amended by Laws 2011, First Special Session chapter 12, section 38, is amended to read:

 

EFFECTIVE DATE.  This section is effective the day following final enactment and expires July 1, 2013.

 

Sec. 54.  Laws 2010, chapter 189, section 16, subdivision 4, as amended by Laws 2011, First Special Session chapter 12, section 45, is amended to read:

 

Subd. 4.  Metropolitan Regional Parks and Trails Capital Improvements

 

 

 

 

(a) Metropolitan Council Priorities

 

 

 

10,500,000

 

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

 

(b) Como Zoo

 

 

 

11,000,000

 

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


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(d) Old Cedar Avenue Bridge

 

 

 

1,000,000

 

For a grant to the city of Bloomington for environmental analysis and review, design, and construction of a multimodal trail connection across or through Long Meadow Lake in the vicinity of the Old Cedar Avenue Bridge and for development of a segment of the Minnesota Valley State Trail from Fort Snelling State Park to the Long Meadow Lake crossing to renovate and restore, or to replace, the old Cedar Avenue Bridge for bicycle commuters and recreational users.  The city of Bloomington must consult with the city of Eagan and Dakota County on the renovation project.  Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for this project are available until December 31, 2017.

 

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

 

(f) Rock Island Bridge Park and Trail Development

 

 

 

1,000,000

 

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

 

(i) Veterans Memorial Parks

 

 

 

2,000,000

 

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

 

Sec. 55.  Laws 2011, First Special Session chapter 12, section 10, is amended to read:

 

Sec. 10.  ENTERPRISE TECHNOLOGY

 

 

 

$5,659,000

 

To the commissioner of administration to predesign, design, construct, renovate, furnish, and equip certain existing state data center facilities and decommission certain other existing state data center for the purpose of decommissioning and repurposing or for maximizing capacity and utilization of such facilities.


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Sec. 56.  CAPITOL RESTORATION; COLLECTION OF RENT.

 

Notwithstanding Minnesota Statutes, section 16B.24, subdivision 5, paragraph (d), the commissioner of administration shall not collect rent to recover bond interest costs or building depreciation costs for any appropriations utilized for the restoration of the State Capitol campus, between calendar years 2012 and 2017.

 

Sec. 57.  HARAMBEE COMMUNITY SCHOOL TRANSITION.

 

Subdivision 1.  Facilities.  Notwithstanding the specified uses of state general obligation bond proceeds appropriated in this act and Laws 1994, chapter 643, section 14, subdivision 7, the real and personal property owned by the Joint Powers District No. 6067, East Metro Integration District, in Roseville, known as the Harambee community school, may be conveyed to Independent School District No. 623, Roseville, for operation of a school facility that serves students in any grade from early education through grade 12.

 

Subd. 2.  Student enrollment.  A student enrolled in the Harambee community school during the 2012-2013 school year may continue to enroll in the Harambee community school in any subsequent year.  For the 2013-2014 school year and later, other students may apply for enrollment to the school at any time in the method and manner prescribed by the board of Independent School District No. 623, Roseville.

 

Subd. 3.  Compensatory revenue.  For the 2013-2014 school year only, the Department of Education must calculate compensatory revenue for the Harambee community school based on the fall 2012 enrollment counts.

 

Subd. 4.  Year-round programming.  Harambee community school may operate as a flexible learning year program under Minnesota Statutes, sections 124D.12 to 124D.127.

 

Subd. 5.  Pupil transportation.  The board may transport pupils enrolled in the 2012-2013 school year to and from the Harambee community school in succeeding school years regardless of the student's district of residence.  Pupil transportation expenses under this section are reimbursable under Minnesota Statutes, section 124D.87.

 

Sec. 58.  REPEALER; APPLICATION.

 

Minnesota Statutes 2012, section 116J.433, is repealed.  Notwithstanding the repeal of Minnesota Statutes 2012, section 116J.433, money appropriated for the purposes of the program in Laws 2012, chapter 293, section 21, subdivision 5, before the effective date of the repeal must be administered as provided in law before the repeal.

 

Sec. 59.  EFFECTIVE DATE.

 

This article is effective the day following final enactment.

 

ARTICLE 2

DISASTER RELIEF

 

Section 1.  APPROPRIATION; DISASTER AID.

 

$1,500,000 is appropriated from the general fund to the commissioner of public safety for the purposes specified in Minnesota Statutes, section 12A.15, subdivision 1, to match federal disaster assistance for the severe winter storm that occurred April 9, 2013, through April 11, 2013, in the area designated under Presidential Declaration of a Major Disaster FEMA-4113-DR, whether included in the original declaration or added later by federal government action.  This appropriation is available for expenditure the day following final enactment.  Notwithstanding Minnesota Statutes, section 16A.28, this appropriation is available until June 30, 2016.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 2.  FEMA MATCH 2012; REDUCED.

 

The appropriation from the general fund in Laws 2012, First Special Session chapter 1, article 1, section 3, subdivision 2, is reduced by $1,500,000.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; authorizing the Housing Finance Agency to issue housing infrastructure bonds; establishing new programs and modifying or repealing existing programs; extending the authority to use negotiated sales; authorizing the sale and issuance of state bonds; appropriating money to match federal disaster aid for the April 2013 severe winter storm in southwest Minnesota; appropriating money; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 16A.641, subdivision 4a; 16B.335, subdivisions 1, 2, 5; 16C.144, subdivisions 2, 3; 123B.65, subdivisions 1, 7; 174.50, subdivisions 6b, 7; 216C.10; 240A.09; 462A.36, subdivision 1; 462A.37, subdivision 1, by adding subdivisions; Laws 2002, chapter 393, section 22, subdivision 6, as amended; Laws 2005, chapter 20, article 1, sections 20, subdivision 3, as amended; 23, subdivision 12, as amended; Laws 2006, chapter 258, sections 17, subdivision 8, as amended; 18, subdivision 6; Laws 2008, chapter 179, sections 7, subdivision 26, as amended; 21, subdivision 3; Laws 2008, chapter 365, section 4, subdivision 3, as amended; Laws 2009, chapter 93, article 1, section 22, as amended; Laws 2010, chapter 189, section 16, subdivision 4, as amended; Laws 2011, First Special Session chapter 12, section 10; proposing coding for new law in Minnesota Statutes, chapters 116J; 216C; repealing Minnesota Statutes 2012, section 116J.433."

 

 

      A roll call was requested and properly seconded.

 

 

Hausman moved to amend her amendment to H. F. No. 270, the second engrossment, as follows:

 

Page 2, line 28, delete "25,000,000" and insert "35,000,000"

 

Page 4, delete subdivision 3 and insert:

 

"Subd. 3.  Alexandria Technical and Community College

 

 

650,000

 

From the general fund for equipment maintenance and acquisition for manufacturing programs at Alexandria Technical and Community College, including the machine tool and welding programs, and any other appropriate programs as determined by the college."

 

Page 5, line 3, delete "33,800,000" and insert "32,516,000"

 

Page 6, delete subdivision 11

 

Page 10, delete section 5 and insert:

 

"Sec. 5.  MINNESOTA STATE ACADEMIES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$895,000


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4842

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

 

Subd. 2.  New Residence Hall

 

 

 

810,000

 

To predesign and design a new residence hall on the Minnesota State Academy for the Deaf campus, including approximately 60 parking spaces.

 

Subd. 3.  Kitchen Upgrades

 

 

 

85,000

 

From the general fund to complete upgrades to the academies kitchen facilities.  This appropriation is available until June 30, 2015."

 

Page 10, line 18, delete "1,720,000" and insert "1,580,000"

 

Page 10, line 29, delete "25,000,000" and insert "20,000,000"

 

Page 14, line 20, delete "11,000,000" and insert "8,000,000"

 

Page 16, line 13, delete "13,300,000" and insert "12,000,000"

 

Page 17, after line 15, insert:

 

"Sec. 9.  AGRICULTURE

 

 

 

$500,000

 

From the general fund to the commissioner of agriculture for grants to county and district agricultural societies and associations for acquisition of real property, construction of buildings, repairs, and asset preservation.  This appropriation for distribution under Minnesota Statutes, section 38.02, is for the purposes of improving facilities for county fair exhibits and operations, including, but not limited to, agricultural education centers, art and cultural buildings, and performance stages."

 

Page 17, line 17, delete "5,250,000" and insert "4,250,000"

 

Page 18, line 31, delete everything after the period

 

Page 18, delete lines 32 to 34

 

Page 19, delete lines 1 and 2 and insert:

 

"The commissioner of administration must not construct or place any permanent building, structure, or facility for offices, parking, storage, or other use in the area commonly known as Leif Erickson Park in the Capitol complex."

 

Page 19, after line 11, insert:

 

"Subd. 4.  Tenant Approval

 

 

 

 

 

(a) The commissioner of administration must not prepare final plans and specifications for any construction authorized under subdivision 2, until the program plan and cost estimates for all


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4843

elements necessary to complete the project have been approved by each tenant representative.  In addition, the appropriations in subdivisions 2 and 3 are not available until each tenant representative approves a relocation plan submitted by the commissioner of administration.  The relocation plan shall:

 

(1) describe when each person who currently occupies office space located in the Capitol building will be moved out of the Capitol building;

 

(2) identify the building and office space assigned to each person relocated during renovation of the Capitol building;

 

(3) identify the parking spaces that will be assigned to each person relocated during renovation, including the funding mechanism for any new parking spaces;

 

(4) state when each person relocated during renovation will be moved back into permanent office space and where the office space will be located; and

 

(5) include written, signed tenant agreements for tenancy in the Capitol building after renovation.

 

For the purposes of this paragraph, "each tenant representative" means the secretary of the senate, on behalf of the senate; the chief clerk of the house of representatives, on behalf of the house of representatives; the governor; the court administrator, on behalf of the judicial branch; and the attorney general, on behalf of the attorney general's office.

 

(b) The commissioner of administration must not install new windows in the Capitol building that cannot be opened by the tenants of the building.

 

(c) The commissioner of administration shall consult and collaborate with the director of the Historical Society on plans and specifications for construction authorized under subdivision 2.

 

Subd. 5.  Legislative Office Building

 

 

 

3,000,000

 

From the general fund, for predesign and design of office, hearing room, and parking facilities for legislative and other functions, located on the block bounded by Sherburne Avenue on the north, Park Street on the west, University Avenue on the south, and North Capitol Boulevard on the east.  The legislative office facility must provide office accommodations for all senators and senate staff who do not have offices in the Capitol building, and on-site parking facilities for all members and staff, and disabled visitors to senate offices.  This is a onetime appropriation.  If an appropriation for this purpose is enacted more than once in the 2013 regular session, it shall be implemented only once."


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4844

Page 19, line 15, delete "680" and insert "880"

 

Page 21, after line 19, insert:

 

"Subd. 2.  Mighty Ducks Grants; Air Handling Systems

 

 

1,355,000

 

From the general fund for grants to local government units under Minnesota Statutes, section 240A.09, paragraph (g) or (k), to install, renovate, or replace heating, ventilating, and air conditioning systems in existing indoor ice arenas whose ice resurfacing and ice edging equipment are not powered by electricity in order to improve indoor air quality by reducing concentrations of carbon monoxide and nitrogen dioxide.  The new or renovated heating, ventilating, and air conditioning systems may include continuous electronic air monitoring devices to automatically activate the ventilation systems when the concentration of carbon monoxide or nitrogen dioxide reaches a predetermined level."

 

Page 24, line 27, delete "15,000,000" and insert "10,000,000"

 

Page 26, line 11, delete "50,000,000" and insert "45,000,000"

 

Page 29, line 22, delete "36,317,000" and insert "41,317,000"

 

Page 31, delete subdivision 2 and insert:

 

"Subd. 2.  Asset Preservation

 

 

 

3,000,000

 

For asset preservation improvements and betterments of a capital nature at the veterans homes in Fergus Falls, Hastings, Luverne, and Silver Bay, and the Little Falls veterans cemetery, to be spent in accordance with Minnesota Statutes, section 16B.307."

 

Page 32, line 31, delete "3,000,000" and insert "2,000,000"

 

Page 33, after line 16, insert:

 

"Subd. 4.  Minnesota Correctional Facility - St. Cloud

 

 

 

18,000,000

 

To design, construct, furnish, and equip a new health services unit and intake unit, to repurpose existing spaces, including laundry, state property storage and distribution, and food service dry goods storage; to extend and modify the existing internal corridor to connect the new and repurposed spaces; to construct a new security control station to manage offender movement through the corridor system; and to provide required upgrades to the existing facility infrastructure, including mechanical, electrical, and security systems."


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4845

Page 35, after line 23, insert:

 

"Subd. 4.  Eveleth Watermain Improvement

 

 

 

1,500,000

 

From the general fund for a grant to the city of Eveleth to design and construct a watermain for the St. Mary's Lake Development project."

 

Page 38, line 4, delete "1,950,000" and insert "1,050,000"

 

Page 38, line 5, before "For" insert "From the general fund"

 

Page 38, line 9, delete "35,000,000" and insert "30,000,000"

 

Page 44, line 16, delete "$792,640,000" and insert "$791,825,000"

 

Page 54, after line 27, insert:

 

"Sec. 41.  Minnesota Statutes 2012, section 240A.09, is amended to read:

 

240A.09 PLAN DEVELOPMENT; CRITERIA.

 

The Minnesota Amateur Sports Commission shall develop a plan to promote the development of proposals for new statewide public ice facilities including proposals for ice centers and matching grants based on the criteria in this section.

 

(a) For ice center proposals, the commission will give priority to proposals that come from more than one local government unit.  Institutions of higher education are not eligible to receive a grant.

 

(b) In the metropolitan area as defined in section 473.121, subdivision 2, the commission is encouraged to give priority to the following proposals:

 

(1) proposals for renovation and indoor air quality improvements at an existing indoor ice arena;

 

(1) (2) proposals for construction of two or more ice sheets in a single new facility;

 

(2) (3) proposals for construction of an additional sheet of ice at an existing ice center;

 

(3) (4) proposals for construction of a new, single sheet of ice as part of a sports complex with multiple sports facilities; and

 

(4) (5) proposals for construction of a new, single sheet of ice that will be expanded to a two-sheet facility in the future.

 

(c) The commission shall administer a site selection process for the ice centers.  The commission shall invite proposals from cities or counties or consortia of cities.  A proposal for an ice center must include matching contributions including in-kind contributions of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking.

 

(d) Proposals for ice centers and matching grants must provide for meeting the demand for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to female groups.  For purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4846

(e) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway.

 

(f) To the extent possible, all proposed facilities must be dispersed equitably, must be located to maximize potential for full utilization and profitable operation, and must accommodate noncompetitive family and community skating for all ages.

 

(g) The commission may also use the money to upgrade current facilities, purchase girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.

 

(h) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.

 

(i) To the extent possible, technical assistance shall be provided to Minnesota communities by the commission on ice arena planning, design, redesign, installation, renovation of heating, ventilating, and air conditioning systems, and operation, including the marketing of ice time.

 

(j) A grant for new facilities may not exceed $250,000.

 

(k) The commission may make grants for rehabilitation and renovation.  A rehabilitation or renovation grant may not exceed $100,000 $200,000.  Priority must be given to grant applications for indoor air quality improvements, including zero emission ice resurfacing equipment and the upgrading of heating, ventilating, and air conditioning systems which may include electronic indoor air monitoring devices.

 

(l) Grant money may be used for ice centers designed for sports other than hockey.

 

(m) Grant money may be used to upgrade existing facilities to comply with the bleacher safety requirements of section 326B.112."

 

Page 69, after line 13, insert:

 

"Sec. 55.  Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended by Laws 2010, First Special Session chapter 1, article 6, section 6, is amended to read:

 

Subd. 6.  Transfers In

 

 

 

 

 

(a) The amounts appropriated from the agency indirect costs account in the special revenue fund are reduced by $328,000 in fiscal year 2010 and $462,000 in fiscal year 2011, and those amounts must be transferred to the general fund by June 30, 2011.  The appropriation reductions are onetime.

 

(b) The commissioner of management and budget shall transfer $48,000,000 in fiscal year 2011 from the closed landfill investment fund in Minnesota Statutes, section 115B.421, to the general fund.  The commissioner shall transfer $12,000,000 $2,000,000 on July 1 in each of the years 2014, 2015, 2016, and 2017 $15,000,000 in each of the years 2015 and 2016, and $16,000,000 in 2017 from the general fund to the closed landfill investment fund.  For each transfer to the closed landfill investment fund, the commissioner shall determine the total amount of interest and other earnings that would have accrued to the fund if the transfers to the general fund


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4847

under this paragraph had not been made and add this amount to the transfer.  The amounts necessary for these transfers are appropriated from the general fund in the fiscal years specified for the transfers."

 

Renumber the subdivisions and sections in sequence and correct the internal references

 

Adjust amounts accordingly

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.  There were 110 yeas and 21 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anderson, M.

Anderson, P.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Erickson, S.

Fabian

Falk

Faust

Fischer

FitzSimmons

Franson

Freiberg

Fritz

Green

Gunther

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kiel

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newton

Nornes

Norton

Paymar

Pelowski

Persell

Petersburg

Poppe

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Woodard

Yarusso

Zellers

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright

Anderson, S.

Benson, M.

Dettmer

Drazkowski

Garofalo

Gruenhagen

Hackbarth

Hoppe

Kelly

Kieffer

Leidiger

Loon

Mack

McDonald

Newberger

O'Driscoll

O'Neill

Peppin

Pugh

Zerwas


 

 

      The motion prevailed and the amendment to the amendment was adopted.


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4848

           The question recurred on the Hausman amendment, as amended, and the roll was called.  There were 86 yeas and 46 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davids

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kiel

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Schomacker

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Barrett

Beard

Benson, M.

Cornish

Daudt

Dean, M.

Dettmer

Drazkowski

Erickson, S.

FitzSimmons

Garofalo

Green

Gruenhagen

Hackbarth

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Runbeck

Sanders

Torkelson

Woodard

Zellers

Zerwas


 

 

      The motion prevailed and the amendment, as amended, was adopted.

 

 

H. F. No. 270, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; authorizing the Housing Finance Agency to issue housing infrastructure bonds; establishing new programs and modifying or repealing existing programs; extending the authority to use negotiated sales; authorizing the sale and issuance of state bonds; appropriating money to match federal disaster aid for the April 2013 severe winter storm in southwest Minnesota; appropriating money; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 16A.641, subdivision 4a; 16B.335, subdivisions 1, 2, 5; 16C.144, subdivisions 2, 3; 123B.65, subdivisions 1, 7; 174.50, subdivisions 6b, 7; 216C.10; 240A.09; 462A.36, subdivision 1; 462A.37, subdivision 1, by adding subdivisions; Laws 2002, chapter 393, section 22, subdivision 6, as amended; Laws 2005, chapter 20, article 1, sections 20, subdivision 3, as amended; 23, subdivision 12, as amended; Laws 2006, chapter 258, sections 17, subdivision 8, as amended; 18, subdivision 6; Laws 2008, chapter 179, sections 7, subdivision 26, as amended; 21, subdivision 3; Laws 2008, chapter 365, section 4, subdivision 3, as amended; Laws 2009, chapter 93, article 1, section 22, as amended; Laws 2010, chapter 189, section 16, subdivision 4, as amended; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended; Laws 2011, First Special Session chapter 12, section 10; proposing coding for new law in Minnesota Statutes, chapters 116J; 216C; repealing Minnesota Statutes 2012, section 116J.433.

 

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


Journal of the House - 59th Day - Friday, May 17, 2013 - Top of Page 4849

           The question was taken on the passage of the bill and the roll was called.  There were 76 yeas and 56 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dill

Dorholt

Erhardt

Erickson, R.

Falk

Faust

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

McNamar

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Radinovich

Rosenthal

Savick

Sawatzky

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Uglem

Wagenius

Ward, J.A.