STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
SIXTY-FIRST
DAY
Saint Paul, Minnesota, Sunday, May 19, 2013
The House of Representatives convened at
12:00 noon and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Dennis
Johnson, Minneapolis, 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
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Runbeck
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.
Rosenthal
was excused until 1:25 p.m. Garofalo was
excused until 1:30 p.m. Sanders was
excused until 1:35 p.m. Pelowski was excused until 1:40 p.m. Kelly was excused until 2:15 p.m. Abeler and Faust were excused until 2:25 p.m. Kresha was excused until 2:45 p.m. Hilstrom was excused until 3:45 p.m. Peppin was excused until 4:45 p.m. Lohmer was excused until 7:35 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.
REPORTS OF CHIEF CLERK
S. F. No. 629 and
H. F. No. 919, 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. 629 be substituted for
H. F. No. 919 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 1840, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 2012, section 15.985.
Reported the same back with the recommendation that the bill pass.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. No. 1840 was read for
the second time.
SECOND READING
OF SENATE BILLS
S. F. No. 629 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Dehn, R.; Hornstein and Savick introduced:
H. F. No. 1856, A bill for an act relating to public safety;
requiring discussion of the total economic costs of violence and a report to
the legislature.
The bill was read for the first time and referred to the
Committee on Public Safety Finance and Policy.
Clark,
Isaacson, Zerwas, Gunther and Fritz introduced:
H. F. No. 1857, A bill for an act relating to employment; implementing
a grant program to provide supported employment services to persons who are
deaf, deafblind, and hard-of-hearing; proposing coding for new law in Minnesota
Statutes, chapter 268A.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance and Policy.
Anderson, P., introduced:
H. F. No. 1858, A bill for an act relating to taxation;
minerals; removing the authorization for Pope County to impose the aggregate
material tax; amending Minnesota Statutes 2012, section 298.75, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Runbeck, Dettmer and Sanders introduced:
H. F. No. 1859, A bill for an act relating to
transportation; highways; requiring certain programming for expansion along a
segment of marked Interstate Highway 35W.
The bill was read for the first time and referred to the
Committee on Transportation Policy.
Rosenthal, McNamar, Davids, Gunther, Simonson, Erhardt,
Anzelc, Radinovich, Gruenhagen, Slocum, Metsa and Hornstein introduced:
H. F. No. 1860, A bill for an act relating to taxation;
providing tax credits to encourage charitable contributions; establishing an
Endow Minnesota program; authorizing rulemaking; appropriating money; amending Minnesota
Statutes 2012, sections 290.06, by adding a subdivision; 297I.20, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Development Finance and Policy.
Kahn; Erickson, R.; Hausman; Lillie; Murphy, M., and Erhardt
introduced:
H. F. No. 1861, A bill for an act relating to capital
investment; appropriating money for the aquatic invasive species laboratory at
the University of Minnesota; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Higher Education Finance and Policy.
CALENDAR FOR THE DAY
S. F. No. 796 was reported
to the House.
Dill moved to amend
S. F. No. 796, the sixth engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 742, the
fourth engrossment:
"Section 1. Minnesota Statutes 2012, section 84.027, subdivision 13, is amended to read:
Subd. 13. Game and fish rules. (a) The commissioner of natural resources may adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and areas, to select hunters for areas, to provide for tagging and registration of game and fish, to prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife disease, to open or close bodies of water or portions of bodies of water for night bow fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng roots and wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate prohibited invasive species, regulated invasive species, unregulated nonnative species, and infested waters.
(b) If conditions exist that do not allow
the commissioner to comply with sections 97A.0451 to 97A.0459, including the
need to adjust season variables on an annual basis based upon current
biological and harvest data, the commissioner may adopt a rule under this
subdivision by submitting the rule to the attorney general for review under
section 97A.0455, publishing a notice in the State Register and filing the rule
with the secretary of state and the Legislative Coordinating Commission, and
complying with section 97A.0459, and including a statement of the emergency
conditions and a copy of the rule in the notice. The emergency conditions for opening a
water body or portion of a water body for night bow fishing under this section
may include the need to temporarily open the area to evaluate compatibility of
the activity on that body of water prior to permanent rulemaking. The notice may be published after it is
received from the attorney general or five business days after it is submitted
to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State Register and may be effective up to seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a rule that affects three or fewer counties the commissioner publishes the rule once in a legal newspaper in each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause (3), may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the rule is published if the commissioner gives notice and holds a public hearing on the rule within 15 days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected by rules adopted under paragraphs (b) and (c) by public announcements, posting, and other appropriate means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a
rule adopted under this subdivision is effective for the period stated in the
notice but not longer than 18 months after the rule is adopted effective.
Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision to read:
Subd. 19. Federal
law compliance. Notwithstanding
any law to the contrary, the commissioner may establish, by written order,
policies for the use and operation of other power-driven mobility devices, as
defined under Code of Federal Regulations, title 28, section 35.104, on lands
and in facilities administered by the commissioner for the purposes of
implementing the Americans with Disabilities Act, United States Code, title 42,
section 12101 et seq. These policies are
exempt from the rulemaking provisions of chapter 14 and section 14.386 does not
apply.
Sec. 3. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision to read:
Subd. 20. Hunting
licenses to critically ill persons. The
commissioner may allow critically ill persons to purchase, once in a lifetime,
hunting licenses otherwise limited by a lottery drawing, which licenses allow
for taking game within established hunting seasons or season frameworks. The commissioner may provide the licenses to
persons who are participating in a program for critically ill hunters sponsored
by a nonprofit organization with expertise in providing hunting opportunities
to hunters who are gravely ill or have physical disabilities. The commissioner may provide licenses or
permits otherwise limited by drawings, including wild turkey, deer, bear,
prairie chicken, and wolf. The
commissioner may not allow the purchase of moose and elk licenses under this
subdivision. Deer licenses authorized by
the commissioner under this subdivision may be for deer of either sex.
Sec. 4. Minnesota Statutes 2012, section 84.788, is amended by adding a subdivision to read:
Subd. 13. Grant-in-aid
donations. (a) At the time of
registration, a person may agree to add a donation of any amount to the
off-highway motorcycle registration fee for grant-in-aid off-highway motorcycle
trails. An additional commission may not
be assessed on the donation. The
commissioner shall offer the opportunity to make a donation under this
subdivision to all registrants and shall issue a recognition grant-in-aid trail
sticker to registrants contributing $20 or more.
(b) Money donated under this
subdivision shall be deposited in the off-highway motorcycle account in the natural resources fund and shall be used for the
grant-in-aid program as provided under section 84.794, subdivision 2,
paragraph (a), clause (3).
Sec. 5. Minnesota Statutes 2012, section 84.794, subdivision 1, is amended to read:
Subdivision 1. Registration revenue. Fees from the registration of off-highway motorcycles, donations received under section 84.788, subdivision 13, and the unrefunded gasoline tax attributable to off-highway motorcycle use under section 296A.18 must be deposited in the state treasury and credited to the off-highway motorcycle account in the natural resources fund.
Sec. 6. Minnesota Statutes 2012, section 84.798, is amended by adding a subdivision to read:
Subd. 11. Grant-in-aid
trail donations. (a) At the
time of registration, a person may agree to add a donation of any amount to the
off-road vehicle registration fee for grant-in-aid off-road vehicle trails. An additional commission may not be assessed
on the donation. The commissioner shall
offer the opportunity to make a donation under this subdivision to all registrants and shall issue a recognition
grant-in-aid trail sticker to registrants contributing $20 or more.
(b) Money donated under this
subdivision shall be deposited in the off-road vehicle account in the natural
resources fund and shall be used for the grant-in-aid program as provided under
section 84.803, subdivision 2, clause (3).
Sec. 7. Minnesota Statutes 2012, section 84.803, subdivision 1, is amended to read:
Subdivision 1. Registration revenue. Fees from the registration of off-road vehicles, donations received under section 84.798, subdivision 11, and unrefunded gasoline tax attributable to off-road vehicle use under section 296A.18 must be deposited in the state treasury and credited to the off-road vehicle account in the natural resources fund.
Sec. 8. Minnesota Statutes 2012, section 84.82, is amended by adding a subdivision to read:
Subd. 12. Grant-in-aid
trail donations. (a) At the
time of registration, a person may agree to add a donation of any amount to the
snowmobile registration fee for grant-in-aid snowmobile trails. An additional commission may not be assessed
on the donation. The commissioner shall
offer the opportunity to make a donation under this subdivision to all registrants and shall issue a recognition
grant-in-aid trail sticker to registrants contributing $20 or more.
(b) Money donated under this
subdivision shall be deposited in the snowmobile trails and enforcement account
in the natural resources fund and shall be used for the grant-in-aid program as
provided under section 84.83, subdivision 3, paragraph (a), clause (1).
Sec. 9. Minnesota Statutes 2012, section 84.83, subdivision 2, is amended to read:
Subd. 2. Money deposited in the account. Fees from the registration of snowmobiles and from the issuance of snowmobile state trail stickers, donations received under section 84.82, subdivision 12, and the unrefunded gasoline tax attributable to snowmobile use pursuant to section 296A.18 shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account.
Sec. 10. Minnesota Statutes 2012, section 84.922, subdivision 1a, is amended to read:
Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are:
(1) vehicles owned and used by the United States, an Indian tribal government, the state, another state, or a political subdivision;
(2) vehicles that are registered in
another state or country that and have not been in this state for
more than 30 consecutive days or that are registered by an Indian tribal
government to a tribal member and have not been outside the tribal reservation
boundary for more than 30 consecutive days;
(3) vehicles that:
(i) are owned by a resident of another state or country that does not require registration of all-terrain vehicles;
(ii) have not been in this state for more than 30 consecutive days; and
(iii) are operated on state and grant-in-aid trails by a nonresident possessing a nonresident all-terrain vehicle state trail pass;
(4) vehicles used exclusively in organized track racing events; and
(5) vehicles that are 25 years old or older and were originally produced as a separate identifiable make by a manufacturer.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 11. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision to read:
Subd. 13. Grant-in-aid
trail contributions. (a) At
the time of registration, the commissioner shall offer a registrant the
opportunity to make a contribution for grant-in-aid trails. The commissioner shall issue a recognition
grant-in-aid trail sticker to registrants contributing $20 or more.
(b) Money contributed under this
subdivision shall be deposited in the state treasury and credited to the
all-terrain vehicle account and is dedicated for the grant-in-aid trail
program.
Sec. 12. Minnesota Statutes 2012, section 84.922, is amended by adding a subdivision to read:
Subd. 14. No
registration weekend. The
commissioner shall designate by rule one weekend each year when,
notwithstanding subdivision 1, an all-terrain vehicle may be operated on state
and grant-in-aid all-terrain vehicle trails without a registration issued under
this section. Nonresidents may
participate during the designated weekend without a state trail pass required
under section 84.9275.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes 2012, section 84.9256, subdivision 1, is amended to read:
Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (f).
(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters or state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied by a person 18 years of age or older who holds a valid driver's license.
(d) To be issued an all-terrain
vehicle safety certificate, a person at least 12 years old, but less than 16
18 years old, must:
(1) successfully complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and
(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.
(e) A person at least 11 years of age may take the safety education and training program and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.
(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.
(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands or waters or on state or grant-in-aid trails if the person cannot properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.
(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or state or grant-in-aid trails if:
(1) the nonresident youth has in possession evidence of completing an all-terrain safety course offered by the ATV Safety Institute or another state as provided in section 84.925, subdivision 3; and
(2) the nonresident youth is accompanied by a person 18 years of age or older who holds a valid driver's license.
(j) A person 12 years of age but less
than 16 years of age may operate an all-terrain vehicle on the bank, slope, or
ditch of a public road right-of-way as permitted under section 84.928 if the
person:
(1) possesses a valid all-terrain
vehicle safety certificate issued by the commissioner; and
(2) is accompanied by a parent or legal
guardian on a separate all-terrain vehicle.
Sec. 14. Minnesota Statutes 2012, section 84.9275, subdivision 1, is amended to read:
Subdivision 1. Pass required; fee. (a) A tribal member exempt from registration under section 84.922, subdivision 1a, clause (2), or a nonresident may not operate an all-terrain vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid nonresident all-terrain vehicle state trail pass in immediate possession. The pass must be available for inspection by a peace officer, a conservation officer, or an employee designated under section 84.0835.
(b) The commissioner of natural resources shall issue a pass upon application and payment of a $20 fee. The pass is valid from January 1 through December 31. Fees collected under this section, except for the issuing fee for licensing agents, shall be deposited in the state treasury and credited to the all-terrain vehicle account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to counties and municipalities for all-terrain vehicle organizations to construct and maintain all-terrain vehicle trails and use areas.
(c) A nonresident all-terrain vehicle state trail pass is not required for:
(1) an all-terrain vehicle that is owned and used by the United States, another state, or a political subdivision thereof that is exempt from registration under section 84.922, subdivision 1a;
(2) a person operating an all-terrain vehicle only on the portion of a trail that is owned by the person or the person's spouse, child, or parent; or
(3) a nonresident operating an all-terrain vehicle that is registered according to section 84.922.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 15. Minnesota Statutes 2012, section 84.928, subdivision 1, is amended to read:
Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway.
(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph (d) or (f).
(c) A person may operate a class 2 all-terrain
vehicle:
(1) within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand
side of the road and left turns may be made from any part of the road if it is
safe to do so under the prevailing conditions, unless prohibited under
paragraph (d) or (f).;
(2) on the bank, slope, or ditch of a public road right-of-way of a trunk highway, but only to access businesses or make trail connections, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f); and
(3) A person may operate a class 2
all-terrain vehicle on the bank or ditch of a public road right-of-way:
(i) on a designated class 2
all-terrain vehicle trail.; or
(ii) to access businesses or make trail
connections when operation within the public road right-of-way is unsafe.
(d) A road authority as defined under section 160.02, subdivision 25, may after a public hearing restrict the use of all-terrain vehicles in the public road right-of-way under its jurisdiction.
(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county highway:
(1) that is part of a funded grant-in-aid trail; or
(2) when the all-terrain vehicle is owned by or operated under contract with a publicly or privately owned utility or pipeline company and used for work on utilities or pipelines.
(f) The commissioner may limit the use of a right-of-way for a period of time if the commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.
The commissioner must notify the road authority as soon as it is known that a closure will be ordered. The notice must state the reasons and duration of the closure.
(g) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions.
(h) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or employee of a road authority, as defined in section 160.02, subdivision 25, or the Department of Natural Resources when performing or exercising official duties or powers.
(i) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
(j) A person shall not operate an all-terrain vehicle at any time within the right-of-way of an interstate highway or freeway within this state.
Sec. 16. Minnesota Statutes 2012, section 84D.01, subdivision 15a, is amended to read:
Subd. 15a. Service
provider. "Service
provider" means an individual who or entity that:
(1) decontaminates, installs,
or removes water-related equipment or structures into or from waters of
the state for hire or as a service provided
as a benefit of membership in a yacht club, boat club, marina, or similar
organization; or
(2) rents or leases water-related equipment that will be used in, placed into, or removed from waters of the state.
Service provider does not include a person working under the supervision of an individual with a valid service provider permit issued under section 84D.108.
Sec. 17. Minnesota Statutes 2012, section 84D.03, subdivision 4, is amended to read:
Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If a commercial licensee operates in an infested water designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in waters designated as infested with invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit. This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated solely because it contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in any other waters, except as provided in this paragraph. Commercial licensees must notify the department's regional or area fisheries office or a conservation officer before removing nets or equipment from an infested water designated solely because it contains Eurasian water milfoil and before resetting those nets or equipment in any other waters. Upon notification, the commissioner may authorize a commercial licensee to move nets or equipment to another water without freezing or drying, if that water is designated as infested solely because it contains Eurasian water milfoil.
(c) A commercial licensee must remove all
aquatic macrophytes from nets and other equipment when the nets and
equipment are removed from before placing the equipment into waters
of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of designated infested waters at the time that a license or permit is issued.
Sec. 18. Minnesota Statutes 2012, section 84D.09, is amended to read:
84D.09
AQUATIC MACROPHYTES.
Subdivision 1. Transportation prohibited. Unless specifically authorized under a license or permit issued by the commissioner, a person may not transport aquatic macrophytes, except as provided in this section.
Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae;
(2) for disposal as part of a harvest or
control activity when specifically authorized under an aquatic plant management
permit pursuant to section 103G.615, under permit pursuant to section 84D.11,
or as specified by the commissioner;
(3) (2) for purposes of
constructing shooting or observation blinds in amounts sufficient for that
purpose, provided that the aquatic macrophytes are emergent and cut above the
waterline;
(4) (3) when legally purchased
or traded by or from commercial or hobbyist sources for aquarium, wetland or
lakeshore restoration, or ornamental purposes;
(5) (4) when harvested for
personal or commercial use if in a motor vehicle;
(6) (5) to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying a species or reporting the presence of a species;
(7) when transporting commercial aquatic
plant harvesting or control equipment to a suitable location for purposes of
cleaning any remaining aquatic macrophytes;
(8) (6) that are wild rice
harvested under section 84.091;
(9) (7) in the form of
fragments of emergent aquatic macrophytes incidentally transported in or on
watercraft or decoys used for waterfowl hunting during the waterfowl season; or
(10) (8) when removing
water-related equipment from waters of the state for purposes of cleaning off
aquatic macrophytes before leaving a water access site.
Sec. 19. Minnesota Statutes 2012, section 84D.10, subdivision 1, is amended to read:
Subdivision 1. Launching
prohibited. A person may not place or
attempt to place into waters of the state water-related equipment, including
aquatic plant harvesting or control equipment that has aquatic macrophytes,
zebra mussels, or prohibited invasive species attached except as provided
in this section.
Sec. 20. Minnesota Statutes 2012, section 84D.10, subdivision 4, is amended to read:
Subd. 4. Persons transporting water-related equipment. (a) When leaving waters of the state a person must drain water-related equipment holding water and live wells and bilges by removing the drain plug before transporting the water-related equipment off the water access site or riparian property.
(b) Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting water-related equipment.
(c) Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the water body.
(d) Portable bait containers used by licensed aquatic farms, portable bait containers when fishing through the ice except on waters designated infested for viral hemorrhagic septicemia, and marine sanitary systems are exempt from this subdivision.
(e) A person must not dispose of bait in waters of the state.
(f) A boat lift, dock, swim raft, or associated equipment that has been removed from any water body may not be placed in another water body until a minimum of 21 days have passed.
(g) A person who transports water that
is appropriated from noninfested surface water bodies and that is transported
by a commercial vehicle, excluding watercraft, or commercial trailer, which
vehicle or trailer is specifically designed and used for water hauling, is
exempt from paragraphs (a) and (b), provided that the person does not discharge
the transported water to other surface waters or within 100 feet of a surface
water body.
(h) A person transporting water from
noninfested surface water bodies for firefighting or emergencies that threaten
human safety or property is exempt from paragraphs (a) and (b).
Sec. 21. Minnesota Statutes 2012, section 84D.105, subdivision 2, is amended to read:
Subd. 2. Inspector authority. (a) The commissioner shall train and authorize individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive species, and water. The commissioner may enter into a delegation agreement with a tribal or local government where inspection authority as provided under paragraphs (b), (g), and (h) is delegated to tribal and local governments that assume all legal, financial, and administrative responsibilities for inspection programs on some or all public waters within their jurisdiction.
(b) Inspectors may visually and tactilely inspect watercraft and water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present. If a person transporting watercraft or water-related equipment refuses to take required corrective actions or fails to comply with an order under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a conservation officer or other licensed peace officer.
(c) In addition to paragraph (b), a
conservation officer or other licensed peace officer may inspect any watercraft
or water-related equipment that is stopped at a water access site, any other
public location in the state, or a private location where the watercraft or
water-related equipment is in plain view, if the officer determines there is
reason to believe that aquatic invasive
species, aquatic macrophytes, or water is present on the watercraft or
water-related equipment.
(d) Conservation officers or other licensed peace officers may utilize check stations in locations, or in proximity to locations, where watercraft or other water-related equipment is placed into or removed from waters of the state. Any check stations shall be operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
(e) Conservation officers or other licensed peace officers may order water-related equipment to be removed from a water body if the commissioner determines such action is needed to implement aquatic invasive species control measures.
(f) The commissioner may require mandatory inspections of water-related equipment before a person places or removes water-related equipment into or out of a water body. Inspection stations may be located at or near public water accesses or in locations that allow for servicing individual or multiple water bodies. The commissioner shall ensure that inspection stations:
(1) have adequate staffing to minimize delays to vehicles and their occupants;
(2) allow for reasonable travel times between public accesses and inspection stations if inspection is required before placing water-related equipment into a water body;
(3) are located so as not to create traffic delays or public safety issues;
(4) have decontamination equipment available to bring water-related equipment into compliance; and
(5) do not reduce the capacity or hours of operation of public water accesses.
(g) The commissioner may authorize tribal and local governments that enter into a delegation agreement with the commissioner to conduct mandatory inspections of water-related equipment at specified locations within a defined area before a person places or removes water-related equipment into or out of a water body. Tribal and local governments that are authorized to conduct inspections under this paragraph must:
(1) assume all legal, financial, and administrative responsibilities for implementing the mandatory inspections, alone or in agreement with other tribal or local governments;
(2) employ inspectors that have been trained and authorized by the commissioner;
(3) conduct inspections and decontamination measures in accordance with guidelines approved by the commissioner;
(4) have decontamination equipment available at inspection stations or identify alternative decontamination equipment locations within a reasonable distance of the inspection station that can bring water-related equipment into compliance;
(5) provide for inspection station locations that do not create traffic delays or public safety issues; and
(6) submit a plan approved by the commissioner according to paragraph (h).
(h) Plans required under paragraph (g) must address:
(1) no reduction in capacity or hours of operation of public accesses and fees that do not discourage or limit use;
(2) reasonable travel times between public accesses and inspection stations;
(3) adequate staffing to minimize wait times and provide adequate hours of operation at inspection stations and public accesses;
(4) adequate enforcement capacity;
(5) measures to address inspections of water-related equipment at public water accesses for commercial entities and private riparian land owners; and
(6) other elements as required by the commissioner to ensure statewide consistency, appropriate inspection and decontamination protocols, and protection of the state's resources, public safety, and access to public waters.
(i) A government unit authorized to conduct inspections under this subdivision must submit an annual report to the commissioner summarizing the results and issues related to implementing the inspection program.
(j) The commissioner may waive the plan requirement in paragraph (g) for inspection programs where authorized inspectors are placed directly at one or more water access sites, with no requirement for a person to travel from the water access for inspection or decontamination, and no local ordinance or other regulation requiring a mandatory inspection before placing watercraft or water-related equipment into a water body or after watercraft or water-related equipment are removed from a water body.
Sec. 22. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision to read:
Subd. 2b. Transport
of water. The commissioner
may issue a permit under this section or an authorization under other licenses
or permits pursuant to sections 97C.801, 97C.811, and 103G.271 to allow the
transport of water in containers or water-related equipment specifically
designed and used for hauling water.
Sec. 23. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision to read:
Subd. 2c. Transport
of aquatic macrophytes. The
commissioner may issue a permit to allow the transport of aquatic macrophytes
to locations specified in the permit for purposes of research, education, and
decontaminating equipment.
Sec. 24. Minnesota Statutes 2012, section 84D.11, is amended by adding a subdivision to read:
Subd. 2d. Special
permits. The commissioner may
issue special permits for the activities in this section. A special permit may be issued in the form of
a general permit to a governmental subdivision or to the general public to
conduct one or more activities under a single permit.
Sec. 25. Minnesota Statutes 2012, section 84D.13, subdivision 2, is amended to read:
Subd. 2. Cumulative remedy. The authority of conservation officers and other licensed peace officers to issue civil citations is in addition to other remedies available under law, except that the state may not seek penalties under any other provision of law for the incident subject to the citation.
Sec. 26. Minnesota Statutes 2012, section 84D.13, is amended by adding a subdivision to read:
Subd. 9. Training
for offenders. A person who
is convicted of or subject to a final order for a violation of this chapter involving water-related equipment must
successfully complete a training course as provided in section 86B.13.
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 27. Minnesota Statutes 2012, section 85.41, is amended by adding a subdivision to read:
Subd. 6. Grant-in-aid
trail donations. (a) At the
time of purchasing the pass required under subdivision 1, a person may agree to
add a donation of any amount to the cross-country ski pass fee for grant-in-aid
cross-country ski trails. An additional
commission may not be assessed on the donation.
The commissioner shall offer the opportunity to make a donation under
this subdivision to all pass purchasers and shall issue a recognition
grant-in-aid trail sticker to a person contributing $20 or more.
(b) Money donated under this
subdivision shall be deposited in the cross-country ski account in the natural resources fund and shall be used for the
grant-in-aid program as provided under section 85.43, paragraph (a), clause
(1).
Sec. 28. Minnesota Statutes 2012, section 85.43, is amended to read:
85.43
DISPOSITION OF RECEIPTS; PURPOSE.
(a) Fees from cross-country ski passes and donations received under section 85.41, subdivision 6, shall be deposited in the state treasury and credited to a cross-country ski account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are appropriated to the commissioner of natural resources for the following purposes:
(1) grants-in-aid for cross-country ski trails to:
(i) counties and municipalities for construction and maintenance of cross-country ski trails; and
(ii) special park districts as provided in section 85.44 for construction and maintenance of cross-country ski trails; and
(2) administration of the cross-country ski trail grant-in-aid program.
(b) Development and maintenance of state cross-country ski trails are eligible for funding from the cross-country ski account if the money is appropriated by law.
Sec. 29. Minnesota Statutes 2012, section 85.46, subdivision 6, is amended to read:
Subd. 6. Disposition of receipts. Fees and donations collected under this section, except for the issuing fee, shall be deposited in the state treasury and credited to the horse pass account in the natural resources fund. Except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, the fees are appropriated to the commissioner of natural resources for trail acquisition, trail and facility development, and maintenance, enforcement, and rehabilitation of horse trails or trails authorized for horse use, whether for riding, leading, or driving, on land administered by the commissioner.
Sec. 30. Minnesota Statutes 2012, section 85.46, is amended by adding a subdivision to read:
Subd. 8. Trail
donations. At the time of
purchasing the pass required under subdivision 1, a person may agree to add a
donation of any amount to the horse pass fee for horse trails. An additional commission may not be assessed
on the donation. The commissioner shall
offer the opportunity to make a donation under this subdivision to all pass
purchasers and shall issue a recognition trail sticker to a person contributing
$20 or more.
Sec. 31. Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision to read:
Subd. 15a. Rice
boat. "Rice boat"
means a nonmotorized watercraft being used for harvesting wild rice.
Sec. 32. Minnesota Statutes 2012, section 86B.005, subdivision 18, is amended to read:
Subd. 18. Watercraft. "Watercraft" means any contrivance used or designed for navigation on water, except:
(1) a duck waterfowl boat
during the duck waterfowl hunting season seasons;
(2) a rice boat during the harvest season; or
(3) a seaplane.
Sec. 33. Minnesota Statutes 2012, section 86B.005, is amended by adding a subdivision to read:
Subd. 18a. Waterfowl
boat. "Waterfowl
boat" means a watercraft being used while hunting waterfowl.
Sec. 34. Minnesota Statutes 2012, section 86B.13, is amended by adding a subdivision to read:
Subd. 1a. Training
for offenders. A person who
is convicted of or subject to a final order for a violation of chapter 84D
involving water-related equipment must successfully complete the training
course in subdivision 1 before continuing operation or use of water-related
equipment.
EFFECTIVE
DATE. This section is effective
July 1, 2015.
Sec. 35. Minnesota Statutes 2012, section 86B.301, subdivision 2, is amended to read:
Subd. 2. Exemptions. A watercraft license is not required for:
(1) a watercraft that is covered by a license or number in full force and effect under federal law or a federally approved licensing or numbering system of another state, and has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
(2) a watercraft from a country other than the United States that has not been within this state for more than 90 consecutive days, which does not include days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another port in the state;
(3) a watercraft owned by the United States, an Indian tribal government, a state, or a political subdivision of a state, except watercraft used for recreational purposes;
(4) a ship's lifeboat;
(5) a watercraft that has been issued a valid marine document by the United States government;
(6) a duck waterfowl boat
during duck waterfowl hunting season;
(7) a rice boat during the harvest season;
(8) a seaplane; and
(9) a nonmotorized watercraft ten feet in
length or less; and
(10) a watercraft that is covered by a valid license or number issued by a federally recognized Indian tribe in the state under a federally approved licensing or numbering system and that is owned by a member of that tribe.
EFFECTIVE
DATE. Clause (10) is
effective January 1, 2015.
Sec. 36. Minnesota Statutes 2012, section 86B.501, subdivision 1, is amended to read:
Subdivision 1. Personal
flotation or lifesaving devices. (a)
Watercraft and duck waterfowl boats using the waters of this
state must be equipped with the number and type of personal flotation or
lifesaving devices prescribed by the commissioner.
(b) The commissioner may not:
(1) require sailboards to be equipped with personal flotation or lifesaving devices; or
(2) require persons on sailboards to wear personal flotation or lifesaving devices or have them readily available.
Sec. 37. Minnesota Statutes 2012, section 86B.825, subdivision 2, is amended to read:
Subd. 2. Exempt watercraft. A watercraft is not required to have a certificate of title if the watercraft is:
(1) owned by a manufacturer or dealer and held for sale;
(2) used by a manufacturer solely for testing;
(3) from a jurisdiction other than this state, temporarily using the waters of this state;
(4) owned by the United States, a state, this state, or a political subdivision;
(5) a duck waterfowl boat
used only during duck waterfowl hunting season;
(6) a rice boat used only during the wild rice harvesting season;
(7) owned by a person, firm, or corporation operating a resort as defined in section 157.15 or a recreational camping area as defined in section 327.14, subdivision 8, except with respect to a previously titled watercraft; or
(8) watercraft manufactured prior to August 1, 1979.
Sec. 38. Minnesota Statutes 2012, section 97A.135, subdivision 3, is amended to read:
Subd. 3. Cooperative farming agreements. On any public hunting, game refuge, wildlife management area, aquatic management area, or scientific and natural area lands, the commissioner may enter into written cooperative farming agreements on a sharecrop basis, without competitive bidding, for the purpose of wildlife and plant management. Cooperative farming agreements may also be used to allow pasturing of livestock. The agreements may provide for the bartering of a share of any crop, produced from these lands, for services or products that will enhance or benefit the management of state lands for plant and animal species. Cooperative farming agreements pursuant to this section shall not be considered leases for tax purposes under section 272.01, subdivision 2, or 273.19.
Sec. 39. Minnesota Statutes 2012, section 97A.420, subdivision 1, is amended to read:
Subdivision 1. Seizure. (a) An enforcement officer shall
immediately seize the license of a person who unlawfully takes, transports, or
possesses wild animals when the restitution value of the wild animals exceeds
$500. Except as provided in subdivisions
2, 4, and 5, the person may not use or obtain any license to take the
same type of wild animals involved, including a duplicate license, until an
action is taken under subdivision 6. If
the license seized under this paragraph was for a big game animal, the license
seizure applies to all licenses to take big game issued to the individual. If the license seized under this paragraph
was for small game animals, the license seizure applies to all licenses to take
small game issued to the individual.
(b) In addition to the license seizure under paragraph (a), if the restitution value of the wild animals unlawfully taken, possessed, or transported is $5,000 or more, all other game and fish licenses held by the person shall be immediately seized. Except as provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, including a duplicate license, until an action is taken under subdivision 6.
(c) A person may not take wild animals covered by a license seized under this subdivision until an action is taken under subdivision 6.
Sec. 40. Minnesota Statutes 2012, section 97A.441, subdivision 6, is amended to read:
Subd. 6. Taking
deer; disabled veterans. A person
authorized to issue licenses must issue, without a fee, a license to take deer
with firearms or by archery to a resident that is a veteran, as defined in
section 197.447, and that has a 100 percent service connected disability as
defined by the United States Veterans Administration upon being furnished
satisfactory evidence. The
commissioner, upon request, must issue a permanent card documenting
satisfactory evidence of 100 percent permanently disabled status. The card serves as satisfactory evidence to
obtain a license under this subdivision at all agent locations.
Sec. 41. Minnesota Statutes 2012, section 97A.441, subdivision 6a, is amended to read:
Subd. 6a. Taking
small game; disabled veterans. A
person authorized to issue licenses must issue, without a fee, a license to
take small game to a resident who is a veteran, as defined in section 197.447,
and who has a 100 percent service connected disability as defined by the United
States Veterans Administration upon being furnished satisfactory evidence. The commissioner, upon request, must issue
a permanent card documenting satisfactory evidence of 100 percent permanently
disabled status. The card serves as
satisfactory evidence to obtain a license under this subdivision at all agent
locations.
Sec. 42. Minnesota Statutes 2012, section 97A.445, subdivision 1, is amended to read:
Subdivision 1. Angling;
Take a Kid Fishing Weekends. (a)
A resident age 16 years or older may take fish by angling without an angling or
license and may take fish by spearing from a dark house without a spearing
license and without a fish house or dark house license during one
three-day consecutive period of the open water angling season and one three-day
consecutive period of the ice angling season designated by rule of the
commissioner if the resident is accompanied by a child who is under age
16. The commissioner may, by written
order published in the State Register, establish the three-day consecutive
periods. The written order is not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not
apply.
(b) The commissioner shall may
designate and publicize the three-day periods as "Take a Kid Fishing
Weekend" for the open water angling season and "Take a Kid Ice
Fishing Weekend" for the ice angling season. The commissioner shall announce the date
of each three-day weekend at least 30 days in advance of the date it occurs.
Sec. 43. Minnesota Statutes 2012, section 97A.451, is amended by adding a subdivision to read:
Subd. 2a. Residents
age 16 or 17; spearing. Residents
age 16 or over and under age 18 may take fish by spearing without a spearing license but must possess a fishing license
under section 97A.475, subdivision 6, clause (7).
Sec. 44. Minnesota Statutes 2012, section 97A.451, subdivision 3, is amended to read:
Subd. 3. Residents and nonresidents under age 16; small game. (a) A resident or nonresident under age 16 may not obtain a small game license but may take small game by firearms or bow and arrow without a license if the resident or nonresident is:
(1) age 14 or 15 and possesses a firearms safety certificate;
(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or guardian;
(3) age 13, 14, or 15, and possesses
an apprentice hunter validation, and is accompanied by a parent or guardian
who possesses a small game license that was not obtained using an apprentice
hunter validation as provided under section 97B.022; or
(4) age 12 or under and is accompanied by a parent or guardian.
(b) A resident under age 16 may take small game, other than wolves, by trapping without a small game license, but a resident 13 years of age or older must have a trapping license. A resident under age 13 may trap small game, other than wolves, without a trapping license, but may not register fisher, otter, bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident under age five must be included in the limit of the accompanying parent or guardian.
(c) A resident or nonresident under age 13 must obtain a free turkey license to take turkey and may take a turkey without a firearms safety certificate if the resident or nonresident is accompanied by an adult parent or guardian who has a firearms safety certificate.
(d) A resident under age 13 may apply for a prairie chicken license and may take a prairie chicken without a firearms safety certificate if the resident is accompanied by an adult parent or guardian who has a firearms safety certificate.
Sec. 45. Minnesota Statutes 2012, section 97A.451, subdivision 3b, is amended to read:
Subd. 3b. Nonresidents
age 16 or over and under age 18; small game. (a) A nonresident age 16 or over
and under age 18 may take small game by firearms or archery and may obtain a
small game license at the youth fee under section 97A.475, subdivision 3,
paragraph (a), clause (14), if the nonresident possesses a firearms safety certificate
or an apprentice hunter validation as provided under section 97B.022.
(b) A nonresident under age 16 may take
small game by firearms or archery and may obtain a small game license without
paying the applicable fees under section 97A.475, subdivisions 3, 4, and 5, if
the nonresident is:
(1) age 14 or 15 and possesses a
firearms safety certificate;
(2) age 13, possesses a firearms safety
certificate, and is accompanied by a parent or guardian; or
(3) age 12 or under and is accompanied
by a parent or guardian.
Sec. 46. Minnesota Statutes 2012, section 97A.451, subdivision 4, is amended to read:
Subd. 4. Residents
and nonresidents under age 13 16; big game. (a) A resident or nonresident age 12,
13, 14, or 15 may not obtain a license to take big game unless the person
possesses a firearms safety certificate or an apprentice hunter validation as
provided under section 97B.022. A
nonresident age 12 or 13 must be accompanied by a parent or guardian to hunt
big game.
(b) A resident or nonresident
age ten or over and under age 13 11 must obtain a license under
paragraph (c) and may take big game, provided the person is under the
direct supervision of a parent or guardian where the parent or guardian is
within immediate reach.
(c) A resident or nonresident
age ten or over and under age 13, 11, or 12 must obtain a license
to take big game and may obtain the license without paying the fee required
under section 97A.475, subdivision 2 or 3.
Sec. 47. Minnesota Statutes 2012, section 97A.451, subdivision 5, is amended to read:
Subd. 5. Nonresident youth; angling. (a) A nonresident under age 16 may:
(1) take fish by angling without a license if a parent or guardian has a fishing license. Fish taken by a nonresident under age 16 without a license must be included in the limit of the parent or guardian;
(2) purchase a youth fishing license under section 97A.475, subdivision 7, paragraph (a), clause (8), and possess a limit of fish; or
(3) be included under a nonresident family angling license and possess a limit of fish.
(b) A nonresident age 16 or over and under age 18 must purchase a youth license to angle under section 97A.475, subdivision 7, paragraph (a), clause (8).
(c) Nonresidents age 16 or over and
under age 18 may take fish by spearing without a spearing license but must
possess a fishing license under section 97A.475, subdivision 7, paragraph (a),
clause (8).
(d) Nonresidents under age 16 may take
fish by spearing without a spearing or angling license.
(e) Limits for fish taken by spearing
must comply with one of the options listed under paragraph (a).
Sec. 48. Minnesota Statutes 2012, section 97A.475, subdivision 2, is amended to read:
Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents only, are:
(1) for persons age 18 or over and under age 65 to take small game, $15.50;
(2) for persons age 65 or over, $7 to take small game;
(3) for persons age 18 or over to take turkey, $26;
(4) for persons age 13 or over and under age 18 to take turkey, $5;
(5) for persons age 18 or over to take deer with firearms during the regular firearms season, $30;
(6) for persons age 18 or over to take deer by archery, $30;
(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $30;
(8) to take moose, for a party of not more than six persons, $356;
(9) to take bear, $44;
(10) to take elk, for a party of not more than two persons, $287;
(11) to take Canada geese during a special season, $4;
(12) to take prairie chickens, $23;
(13) for
persons age 13 or over and under age 18 to take deer with firearms during the
regular firearms season, $5;
(14) for persons age 13 or over and under age 18 to take deer by archery, $5;
(15) for
persons age 13 or over and under age 18 to take deer by muzzleloader during the
muzzleloader season, $5;
(16) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $19, of which an amount equal to: one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited in the wildlife acquisition account;
(17) for persons age 16 or over and under
age 18 to take small game, $5; and
(18) to take wolf, $30.;
(19) for persons age 12 and under to
take turkey, no fee;
(20) for persons age 10, 11, or 12 to
take deer by firearm, no fee;
(21) for persons age 10, 11, or 12 to
take deer by archery, no fee; and
(22) for persons age 10, 11, or 12 to
take deer by muzzleloader during the muzzleloader season, no fee.
Sec. 49. Minnesota Statutes 2012, section 97A.475, subdivision 8, is amended to read:
Subd. 8. Minnesota sporting; super sports. (a) The commissioner shall issue Minnesota sporting licenses to residents only. The licensee may take fish by angling and small game. The fee for the license is:
(1) for an individual, $31.50; and
(2) for a combined license for a married couple to take fish and for one spouse to take small game, $45.50.
(b) The commissioner shall issue Minnesota super sports licenses to residents only. The licensee may take fish by angling, including trout; small game, including pheasant and waterfowl; and deer by firearms or muzzleloader or by archery. The fee for the super sports license, including all required stamp validations is:
(1) for an individual age 18 or over, $92.50
$86.50; and
(2) for a combined license for a married
couple to take fish, including the trout and salmon stamp validation, and for
one spouse to take small game, including pheasant and waterfowl, and deer, $118.50
$110.50.
(c) Revenue for the stamp endorsements under paragraph (b) shall be deposited according to section 97A.075, subdivisions 2, 3, and 4.
(d) Revenue for the deer license endorsement under paragraph (b) shall be deposited according to section 97A.075, subdivision 1.
Sec. 50. Minnesota Statutes 2012, section 97A.485, subdivision 6, is amended to read:
Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell licenses under this section must issue the following licenses for the license fee and the following issuing fees:
(1) to take deer or bear with firearms and by archery, the issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1;
(3) to take
small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;
(4) to apply for a limited hunt
drawing, the issuing fee is $1 unless the application requires a license
purchase at the time of application and the license purchase requires an
application fee;
(5) for a prairie chicken license, the
issuing fee is $1;
(6) for a turkey license, the issuing
fee is $1;
(7) for an elk license, the issuing fee
is $1;
(8) for a moose license, the issuing
fee is $1;
(9) for a wolf license, the issuing fee
is $1;
(4) (10) for a stamp
validation that is not issued simultaneously with a license, an issuing fee of
50 cents may be charged at the discretion of the authorized seller;
(5) (11) for stamp validations issued simultaneously with a license, there is no fee;
(6) (12) for licenses, seals,
tags, or coupons issued without a fee under section 97A.441 or 97A.465, an
the issuing fee of 50 cents may be charged at the discretion of the
authorized seller is $1;
(7) (13) for lifetime
licenses, there is no fee; and
(8) (14) for all other
licenses, permits, renewals, or applications or any other transaction through
the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents $1 may
be charged at the discretion of the authorized seller.
(b) Only one issuing fee may be collected when selling more than one stamp in the same transaction after the end of the season for which the stamp was issued.
(c) The agent shall keep the issuing fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a commission for selling the licenses.
(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
(g) The commissioner may issue one-day angling licenses in books of ten licenses each to fishing guides operating charter boats upon receipt of payment of all license fees, excluding the issuing fee required under this section. Copies of sold and unsold licenses shall be returned to the commissioner. The commissioner shall refund the charter boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the commissioner for one year.
Sec. 51. Minnesota Statutes 2012, section 97B.0215, is amended to read:
97B.0215
PARENT OR GUARDIAN RESPONSIBILITY; VIOLATION.
A parent or legal guardian of a
minor may not knowingly direct, allow, or permit the minor to hunt without the
required license, permit, training, or certification, or in violation of the
game and fish laws.
Sec. 52. Minnesota Statutes 2012, section 97B.022, subdivision 2, is amended to read:
Subd. 2. Apprentice hunter validation requirements. (a) A resident or nonresident born after December 31, 1979, who is age 12 or over and who does not possess a hunter education firearms safety certificate may be issued an apprentice hunter validation. An apprentice hunter validation may be purchased two license years in a lifetime and used to obtain hunting licenses during the same license year that the validation is purchased.
(b) An individual in possession of an
apprentice hunter validation may hunt small game, deer, and bear only when
accompanied by an adult licensed to hunt who has a valid license to hunt
the same species of game in Minnesota and whose license was not
obtained using an apprentice hunter validation.
(c) When an individual in
possession of an apprentice hunter validation is hunting turkey or prairie
chicken under paragraph (b), the accompanying adult may be licensed for another
permit area or time period but must be licensed for the same season as the
apprentice hunter. If the accompanying
adult is not licensed for the same permit area or time period as the apprentice
hunter, the accompanying adult may not shoot or possess a firearm or bow while
accompanying the apprentice hunter under this paragraph.
(d) An apprentice hunter validation holder must obtain all required licenses and stamps.
Sec. 53. Minnesota Statutes 2012, section 97B.055, subdivision 2, is amended to read:
Subd. 2. Restrictions
related to motor vehicles. A person
may not take a wild animal with a firearm or by archery from a motor vehicle
except as permitted in this section. Notwithstanding
section 97B.091, a person may transport a bow uncased while in an electric
motor-powered boat a motorized watercraft and may take rough fish
while in the boat as provided in section 97C.376, subdivision 3.
Sec. 54. Minnesota Statutes 2012, section 97B.112, is amended to read:
97B.112
SPECIAL HUNTS FOR YOUTH.
The commissioner may by rule establish
criteria, special seasons, and limits for youth and adult hunters to
take big game and small game by firearms or archery in designated areas or
times as part of the agency's overall effort in hunter recruitment and
retention. The criteria may also
include provisions for an unlicensed adult to assist a youth hunter
during a special season or special hunt established under this section.
Sec. 55. Minnesota Statutes 2012, section 97C.341, is amended to read:
97C.341
CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A person may not use live minnows
imported from outside of the state, game fish, goldfish, or carp for bait. Notwithstanding paragraphs (b) and (d),
the commissioner may, by written order published in the State Register, adopt
rules to authorize the use of game fish eggs as bait in Lake
Superior and its tributaries below the posted boundaries and prescribe
restrictions on their use. The order
is exempt from the rulemaking provisions of chapter 14 and section 14.386 does
not apply.
(b) A person may not import or possess live, frozen, or processed bait from known waters where viral hemorrhagic septicemia has been identified as being present: (1) unless the bait has been processed to inactivate viral hemorrhagic septicemia in a manner prescribed by rules adopted by the commissioner; or (2) except as provided in paragraph (c). For purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates, and insects used for taking wild animals in waters of the state.
(c) Cisco and rainbow smelt taken under rules adopted by the commissioner may be used as:
(1) fresh or frozen bait only on Lake Superior; or
(2) bait that has been processed to inactivate viral hemorrhagic septicemia in a manner prescribed by rules adopted by the commissioner.
(d) To ensure that frozen or dead fish being brought into the state are not in violation of paragraph (b), the following paperwork must accompany the shipment. Documents must be open for inspection by the commissioner at any reasonable time. All documents must be available to purchasers of these bait items. Each container or package of frozen or dead fish must have the following information:
(1) water body source;
(2) lot number;
(3) company contact including name, phone, and address;
(4) date of packaging and labeling; and
(5) valid negative fish health certification from the source water body.
Sec. 56. Minnesota Statutes 2012, section 97C.345, subdivision 1, is amended to read:
Subdivision 1. Period
when use prohibited. Except as
specifically authorized, a person may not take fish with a spear from
the third Monday in February to April 30 with a spear, the Friday
before the last Saturday in April and may not take fish with a fish trap,
net, dip net, seine, or other device capable of taking fish from the third
Monday in February to April 30.
Sec. 57. Minnesota Statutes 2012, section 97C.345, subdivision 2, is amended to read:
Subd. 2. Possession. (a) Except as specifically authorized, a person may not possess a spear, fish trap, net, dip net, seine, or other device capable of taking fish on or near any waters. Possession includes personal possession and in a vehicle.
(b) A person may possess spears, dip
nets, and spear guns allowed under section 97C.381 on or near waters
between sunrise and sunset from May 1 to the last Sunday in February, or as
otherwise prescribed by the commissioner.
A person may possess a spear on or near waters between sunrise and
sunset from the last Saturday in April to the last Sunday in February, or as
otherwise prescribed by the commissioner.
Sec. 58. Minnesota Statutes 2012, section 97C.375, is amended to read:
97C.375
TAKING ROUGH FISH BY SPEARING.
(a) A resident or nonresident may take rough fish by spearing according to paragraph (b) and during the times, in waters, and in the manner prescribed by the commissioner.
(b) Suckers may be taken by spearing
from the last Saturday in April through the last Sunday in February.
Sec. 59. Minnesota Statutes 2012, section 97C.376, subdivision 1, is amended to read:
Subdivision 1. Season. (a) The regular bow fishing
season for residents and nonresidents is from May 1 the last Saturday
in April to the last Sunday in February at any time of the day.
(b) The early bow fishing season for
residents and nonresidents is open only south of State Highway 210 from the
Monday after the last Sunday in February to the Friday before the last Saturday
in April at any time of the day. During
the early season, a person may bow fish:
(1) only from a boat; and
(2) only while on a lake or on the
Mississippi, Minnesota, or St. Croix River.
Sec. 60. Minnesota Statutes 2012, section 97C.376, subdivision 2, is amended to read:
Subd. 2. Possession
of bows and arrows. A person may
possess bows and arrows for the purposes of bow fishing on or within 100 feet
of waters at any time from May 1 the last Saturday in April to
the last Sunday in February and at other
times on lakes and rivers south of State Highway 210 as specified in
subdivision 1, paragraph (b), subject to local ordinances. A person must take reasonable measures to
retrieve arrows and wounded fish.
Sec. 61. Minnesota Statutes 2012, section 97C.376, subdivision 3, is amended to read:
Subd. 3. Nighttime
restrictions on motors. (a)
From sunset to sunrise, a person bow fishing with the assistance of a
gasoline-powered motor must use a four-stroke engine powered generator. the noise limits for total noise while bow
fishing from sunset to sunrise shall must not exceed a noise
level of 65 decibels on the A scale measured at a distance of 50 feet from the
motorboat or equivalent noise levels at other distances as specified by the
commissioner in a pass-by test or 67 decibels on the A scale measured at
idle in a stationary test at least four feet above the water and at least four
feet behind the transom of the motorboat being tested.
(b) The noise limits under paragraph
(a) shall be determined under a test procedure approved by the commissioner
under section 86B.321, subdivision 2.
(c) The noise limits in paragraph (a)
do not preclude enforcement of other laws relating to motorboat noise.
(d) The noise levels under section 86B.321 apply to persons traveling to and from bow fishing sites from sunset to sunrise.
Sec. 62. RULEMAKING;
GAME FISH EGGS AS BAIT.
(a)
The commissioner of natural resources shall amend Minnesota Rules, part
6262.0100, by adding a subpart to read:
"Spawn bags may be bought or sold
only if the bags are made with:
A.
fish eggs from a licensed aquaculture facility; or
B.
fish eggs that are:
(1) legally taken from a source outside
Minnesota that has been certified disease-free; and
(2) preserved and labeled as required
under a bait preservation permit. Records
must be maintained as required for bait preservation permits."
(b) The commissioner of natural
resources shall amend Minnesota Rules, part 6262.0300, subpart 5, to read:
"A. Except as provided in this subpart, the
taking of fish for bait purposes from all Minnesota waters of Lake Superior and
all waters of the St. Louis River downstream of the Fond du Lac Dam in St. Louis
and Carlton Counties, including any and all outflows, estuaries, streams,
creeks, or waters adjacent to or flowing into these waters is prohibited.
B.
Notwithstanding Minnesota Statutes, sections 84D.03, subdivision 3, and
97C.341, paragraph (b), eggs from legally taken and possessed trout harvested
from Lake Superior or its tributaries below the posted boundaries may be used
to make spawn bags for bait as provided in this item and as authorized in
Minnesota Statutes, section 97C.341, paragraph (a). Spawn bags may be used only in Lake Superior
and its tributaries below the posted boundaries and may be transported to and
from Lake Superior or its tributaries below the posted boundaries."
(c) The commissioner may use
the good cause exemption under Minnesota Statutes, section 14.388, subdivision
1,
Sec. 63. RULEMAKING;
WILDLIFE RESTITUTION VALUE FOR SANDHILL CRANES.
(a) The commissioner of natural
resources shall amend Minnesota Rules, part 6133.0030, by adding a new item
establishing the wildlife restitution value of $200 for a sandhill crane.
(b)
The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
Sec. 64. RULEMAKING;
SPEARING ROUGH FISH.
The commissioner of natural resources
shall amend Minnesota Rules, part 6262.0600, to make seasons for spearing rough
fish consistent with the date changes in sections 56 to 58. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to adopt rules under this section, and Minnesota Statutes, section 14.386, does
not apply except as provided under Minnesota Statutes, section 14.388.
Sec. 65. RULEMAKING;
REMOVING SPEARING RESTRICTIONS.
The commissioner of natural resources
shall amend Minnesota Rules, part 6264.0400, subparts 8, 27, 74, 75, and 76, to
remove restrictions on taking fish by spearing for the following lakes: Big Mantrap, Lobster, Beers, West Battle,
Deer, Cross, Sugar, Eagle, Owasso, North Star, Moose, and Spider. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply, except as
provided under Minnesota Statutes, section 14.388.
Sec. 66. REVISOR'S
INSTRUCTION.
The revisor of statutes shall replace
the term "duck boat" with the term "waterfowl boat" where
the term appears in Minnesota Rules, part 6110.1200, subpart 3.
Sec. 67. REPEALER.
(a)
Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision
4a; and 97C.346, are repealed.
(b) Laws 2011, First Special Session
chapter 2, article 5, section 69, is repealed.
EFFECTIVE
DATE. Paragraph (b) is
effective retroactively from July 1, 2012."
Delete
the title and insert:
"A bill for an act relating to natural resources; modifying commissioner's authorities and duties; modifying definitions; providing for donations to grant-in-aid trail programs; modifying operating restrictions for all-terrain vehicles; modifying invasive species provisions; modifying watercraft provisions; providing for certain license seizures; modifying game and fish license provisions; modifying requirements for taking game and fish; providing for certain all-terrain vehicle registration and watercraft license exemptions; modifying nonresident all-terrain vehicle state trail pass requirements; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.027, subdivision 13, by adding subdivisions; 84.788, by adding a subdivision; 84.794, subdivision 1; 84.798, by adding a
subdivision; 84.803, subdivision 1; 84.82, by adding a subdivision; 84.83, subdivision 2; 84.922, subdivision 1a, by adding subdivisions; 84.9256, subdivision 1; 84.9275, subdivision 1; 84.928, subdivision 1; 84D.01, subdivision 15a; 84D.03, subdivision 4; 84D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by adding subdivisions; 84D.13, subdivision 2, by adding a subdivision; 85.41, by adding a subdivision; 85.43; 85.46, subdivision 6, by adding a subdivision; 86B.005, subdivision 18, by adding subdivisions; 86B.13, by adding a subdivision; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.441, subdivisions 6, 6a; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision; 97A.475, subdivisions 2, 8; 97A.485, subdivision 6; 97B.0215; 97B.022, subdivision 2; 97B.055, subdivision 2; 97B.112; 97C.341; 97C.345, subdivisions 1, 2; 97C.375; 97C.376, subdivisions 1, 2, 3; repealing Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision 4a; 97C.346; Laws 2011, First Special Session chapter 2, article 5, section 69."
The
motion prevailed and the amendment was adopted.
Dill moved to amend S. F. No. 796, the sixth engrossment, as amended, as follows:
Page 24, after line 9, insert:
"Sec. 49. Minnesota Statutes 2012, section 97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued to nonresidents, are:
(1) for persons age 18 or over to take small game, $90.50;
(2) for persons age 18 or over to take deer with firearms during the regular firearms season, $160;
(3) for persons age 18 or over to take deer by archery, $160;
(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $160;
(5) to take bear, $225;
(6) for persons age 18 or over to take turkey, $91;
(7) for persons age 13 or over and under age
18 to take turkey, $13 $5;
(8) to take raccoon or bobcat, $178;
(9) to take Canada geese during a special season, $4;
(10) for persons age 13 or over and under age
18 to take deer with firearms during the regular firearms season in any open
season option or time period, $15 $5;
(11) for persons age 13 or over and under age
18 to take deer by archery, $15 $5;
(12) for persons age 13 or over and under age
18 to take deer during the muzzleloader season, $15 $5;
(13) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $75, of which an amount equal to: one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of
the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited into the wildlife acquisition account;
(14) for persons age 16 and over and
under age 18 or 17 to take small game, $15 $5; and
(15) to take wolf, $250.;
(16) for persons age 12 and under to
take turkey, no fee;
(17) for persons age ten, 11, and 12 to
take deer by firearm, no fee;
(18) for persons age ten, 11, or 12 to
take deer by archery, no fee; and
(19) for persons age ten, 11, or 12 to
take deer by muzzleloader during the muzzleloader season, no fee.
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed on this surcharge."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Hackbarth moved to amend S. F. No. 796, the sixth engrossment, as amended, as follows:
Page 3, delete section 4
Page 4, delete sections 5 to 8
Page 5, delete sections 9 and 11
Page 6, line 8, delete "rule" and insert "written order published in the State Register"
Page 8, delete section 15, and insert:
"Sec. 15. Minnesota Statutes 2012, section 84.928, subdivision 1, is amended to read:
Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway.
(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph (d) or (f).
(c) A person may operate a class 2
all-terrain vehicle:
(1) within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand
side of the road and left turns may be made from any part of the road if it is
safe to do so under the prevailing conditions, unless prohibited under
paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle;
(2) on the bank, slope, or ditch of a
public road right-of-way of a trunk, county state-aid, or county highway but
only to access businesses or make trail connections, and left turns may be made
from any part of the road if it is safe to do so under the prevailing
conditions, unless prohibited under paragraph (d) or (f); and
(3) on the bank or ditch of a public road right-of-way on a designated class 2 all-terrain vehicle trail.
(d) A road authority as defined under section 160.02, subdivision 25, may after a public hearing restrict the use of all-terrain vehicles in the public road right-of-way under its jurisdiction.
(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county highway:
(1) that is part of a funded grant-in-aid trail; or
(2) when the all-terrain vehicle is owned by or operated under contract with a publicly or privately owned utility or pipeline company and used for work on utilities or pipelines.
(f) The commissioner may limit the use of a right-of-way for a period of time if the commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.
The commissioner must notify the road authority as soon as it is known that a closure will be ordered. The notice must state the reasons and duration of the closure.
(g) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions.
(h) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or employee of a road authority, as defined in section 160.02, subdivision 25, or the Department of Natural Resources when performing or exercising official duties or powers.
(i) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.
(j) A person shall not operate an all-terrain vehicle at any time within the right-of-way of an interstate highway or freeway within this state."
Page 16, delete sections 27 to 29
Page 17, delete section 30
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Hansen and Dill moved to amend S. F. No. 796, the sixth engrossment, as amended, as follows:
Page 29, after line 21, insert:
"Sec. 62. ANTLER
POINT RESTRICTIONS.
The commissioner of natural resources may not impose an antler point restriction in areas outside the Series 300 deer permit areas, other than that imposed under Minnesota Rules, part 6232.0200, subpart 6, unless the legislature approves the antler point restriction."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Wills moved to amend S. F. No. 796, the sixth engrossment, as amended, as follows:
Page 17, after line 10, insert:
"Sec. 31. Minnesota Statutes 2012, section 85A.02, subdivision 10, is amended to read:
Subd. 10. Wild
animal exemption. (a) The
board shall not be subject to the provisions of chapters 17, 19, 97, 98, 99,
100, and 101 35, 97A, 97B, and 97C, and section 343.21, subdivision
8, relating to purchase, barter, sale, possession, breeding, or transporting
wild animals, but must comply with paragraph (b).
(b) The board must request a permit from the Board of Animal Health for any exemption from the provisions of chapter 35 or rules adopted thereunder and from the Department of Natural Resources for any exemption from the provisions of chapters 97A, 97B, 97C, or rules adopted thereunder."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 796, A bill for an act relating to natural resources; modifying game and fish laws; modifying trespassing laws; providing for certain license seizure; modifying fees; modifying invasive species laws; modifying watercraft provisions; modifying exemptions for the Minnesota Zoological Garden; modifying state fire code; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.027, subdivision 13, by adding subdivisions; 84D.01, subdivision 15a; 84D.03, subdivision 4; 84D.09; 84D.10, subdivisions 1, 4; 84D.105, subdivision 2; 84D.11, by adding subdivisions; 84D.13, subdivision 2, by adding a subdivision; 85A.02, subdivision 10; 86B.005, subdivision 18, by adding subdivisions; 86B.13, by adding a subdivision; 86B.301, subdivision 2; 86B.501, subdivision 1; 86B.825, subdivision 2; 97A.051, subdivision 2; 97A.135, subdivision 3; 97A.420, subdivision 1; 97A.441, subdivision 6; 97A.445, subdivision 1; 97A.451, subdivisions 3, 3b, 4, 5, by adding a subdivision; 97A.475, subdivisions 2, 3, 8; 97A.485, subdivision 6; 97B.001, subdivisions 3, 4; 97B.0215; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.055, subdivision 2; 97B.071; 97B.112; 97C.341; 97C.345, subdivisions 1, 2; 97C.376, subdivisions 1, 2, 3; 299F.011, by adding a subdivision; repealing Minnesota Statutes 2012, sections 84D.01, subdivision 22; 97A.451, subdivision 4a; 97C.346.
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 123 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
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Runbeck
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.
S. F. No. 1276, A bill for an act relating to real estate; requiring loss mitigation by mortgage lenders and servicers; amending Minnesota Statutes 2012, sections 580.02; 580.041, subdivision 1b; 582.25; 582.27, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 582.
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 123 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
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Runbeck
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 following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 1444
A bill for an act relating to government finance; appropriating money for transportation, Metropolitan Council, and public safety activities and programs; providing for fund transfers, tort claims, and certain contingent appropriations; modifying various provisions related to transportation finance and policy; making technical and clarifying changes; amending Minnesota Statutes 2012, sections 161.20, subdivision 3; 161.44, by adding a subdivision; 168A.01, subdivision 6a; 171.05, subdivision 2, by adding a subdivision; 171.061, subdivision 4; 174.40, by adding a subdivision; 219.1651; 299E.01, subdivisions 2, 3; 398A.10, by adding a subdivision; Laws 2009, chapter 9, section 1; proposing coding for new law in Minnesota Statutes, chapters 161; 174; repealing Minnesota Statutes 2012, sections 161.04, subdivision 6; 174.285, subdivision 8.
May 19, 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. 1444 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. 1444 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
TRANSPORTATION AND PUBLIC SAFETY APPROPRIATIONS
Section 1. SUMMARY
OF APPROPRIATIONS. |
The amounts shown in this section
summarize direct appropriations, by fund, made in this article.
|
|
2014 |
|
2015 |
|
Total |
|
|
|
|
|
|
|
General |
|
$135,195,000
|
|
$103,795,000
|
|
$238,990,000
|
Airports |
|
18,959,000
|
|
18,959,000
|
|
37,918,000
|
C.S.A.H. |
|
594,883,000
|
|
607,505,000
|
|
1,202,388,000
|
M.S.A.S. |
|
152,219,000
|
|
155,060,000
|
|
307,279,000
|
Special Revenue |
|
49,775,000
|
|
50,709,000
|
|
100,484,000
|
H.U.T.D. |
|
10,481,000
|
|
10,406,000
|
|
20,887,000
|
Trunk Highway |
|
1,697,196,000
|
|
1,634,800,000
|
|
3,331,996,000
|
|
|
|
|
|
|
|
Total |
|
$2,658,708,000 |
|
$2,581,234,000 |
|
$5,239,942,000 |
Sec. 2. TRANSPORTATION
APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the trunk highway fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2014" and
"2015" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
respectively. "The first year"
is fiscal year 2014. "The second
year" is fiscal year 2015. "The
biennium" is fiscal years 2014 and 2015.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the
Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2014 |
2015 |
Sec. 3. DEPARTMENT
OF TRANSPORTATION |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$2,393,778,000 |
|
$2,346,289,000 |
Appropriations
by Fund |
||
|
||
|
2014
|
2015
|
|
|
|
General |
18,014,000
|
17,533,000
|
Airports |
18,959,000
|
18,959,000
|
C.S.A.H. |
594,883,000
|
607,505,000
|
M.S.A.S |
152,219,000
|
155,060,000
|
H.U.T.D. |
75,000
|
-0-
|
Trunk Highway |
1,609,628,000
|
1,547,232,000
|
The amounts that may be spent for each purpose
are specified in the following subdivisions.
Subd. 2. Multimodal
Systems |
|
|
|
|
(a) Aeronautics
(1) Airport Development and Assistance |
|
13,648,000
|
|
13,648,000
|
This appropriation is from the state
airports fund and must be spent according to Minnesota Statutes, section
360.305, subdivision 4.
The base appropriation for fiscal years
2016 and 2017 is $14,298,000 for each year.
Notwithstanding Minnesota Statutes,
section 16A.28, subdivision 6, this appropriation is available for five years after
appropriation. If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it.
(2) Aviation Support and Services |
|
6,386,000
|
|
6,386,000
|
Appropriations
by Fund |
||
|
||
Airports |
5,286,000
|
5,286,000
|
Trunk Highway |
1,100,000
|
1,100,000
|
$65,000 in each year is from the state
airports fund for the Civil Air Patrol.
(b) Transit |
|
17,226,000
|
|
17,245,000
|
Appropriations
by Fund |
||
|
||
General |
16,451,000
|
16,470,000
|
Trunk Highway |
775,000
|
775,000
|
$100,000 in each year is from the general
fund for the administrative expenses of the Minnesota Council on Transportation
Access under Minnesota Statutes, section 174.285.
$78,000 in each year is from the general
fund for grants to greater Minnesota transit providers as reimbursement for the
costs of providing fixed route public transit rides free of charge under
Minnesota Statutes, section 174.24, subdivision 7, for veterans certified as
disabled.
(c) Passenger Rail |
|
500,000
|
|
500,000
|
This appropriation is from the general
fund for passenger rail system planning, alternatives analysis, environmental
analysis, design, and preliminary engineering under Minnesota Statutes,
sections 174.632 to 174.636.
(d) Freight |
|
5,653,000
|
|
5,153,000
|
Appropriations
by Fund |
||
|
||
General |
756,000
|
256,000
|
Trunk Highway |
4,897,000
|
4,897,000
|
$500,000 in the first year is from the
general fund to pay for the department's share of costs associated with the
cleanup of contaminated state rail bank property. This appropriation is available until
expended.
(e) Safe Routes to School |
|
250,000
|
|
250,000
|
This appropriation is from the general
fund for non-infrastructure activities in the safe routes to school program
under Minnesota Statutes, section 174.40, subdivision 7a.
Subd. 3. State
Roads |
|
|
|
|
(a) Operations and Maintenance |
|
262,395,000
|
|
262,395,000
|
(b) Program Planning and Delivery |
|
206,795,000
|
|
206,720,000
|
Appropriations
by Fund |
||
|
||
|
2014
|
2015
|
|
|
|
H.U.T.D. |
75,000
|
0
|
Trunk Highway |
206,720,000
|
206,720,000
|
$250,000 in each year is for the
department's administrative costs for creation and operation of the Joint
Program Office for Economic Development and Alternative Finance, including
costs of hiring a consultant and preparing required reports.
$130,000 in each year is available for
administrative costs of the targeted group business program.
$266,000 in each year is available for
grants to metropolitan planning organizations outside the seven-county
metropolitan area.
$75,000 in each year is available for a
transportation research contingent account to finance research projects that
are reimbursable from the federal government or from other sources. If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
$900,000 in each year is available for
grants for transportation studies outside the metropolitan area to identify
critical concerns, problems, and issues.
These grants are available: (1)
to regional
development commissions; (2) in
regions where no regional development commission is functioning, to joint
powers boards established under agreement of two or more political subdivisions
in the region to exercise the planning functions of a regional development
commission; and (3) in regions where no regional development commission or
joint powers board is functioning, to the department's district office for that
region.
$75,000 in the first year is from the
highway user tax distribution fund to the commissioner for a grant to the
Humphrey School of Public Affairs at the University of Minnesota for WorkPlace
Telework program congestion relief efforts consisting of maintenance of Web
site tools and content. This is a
onetime appropriation and is available in the second year.
(c) State Road Construction Activity |
|
|
|
|
(1) Economic Recovery Funds - Federal Highway Aid |
|
1,000,000
|
|
1,000,000
|
This appropriation is to complete projects
using funds made available to the commissioner of transportation under title
XII of the American Recovery and Reinvestment Act of 2009, Public Law 111-5,
and implemented under Minnesota Statutes, section 161.36, subdivision 7. The base appropriation is $1,000,000 in
fiscal year 2016 and $0 in fiscal year 2017.
(2) State Road Construction |
|
909,400,000
|
|
815,600,000
|
It is estimated that these appropriations
will be funded as follows:
Appropriations
by Fund |
||
|
||
Federal Highway Aid |
489,200,000
|
482,200,000
|
Highway User Taxes |
420,200,000
|
333,400,000
|
The commissioner of transportation shall
notify the chairs and ranking minority members of the legislative committees
with jurisdiction over transportation finance of any significant events that
should cause these estimates to change.
This appropriation is for the actual
construction, reconstruction, and improvement of trunk highways, including
design-build contracts and consultant usage to support these activities. This includes the cost of actual payment to
landowners for lands acquired for highway rights-of-way, payment to lessees,
interest subsidies, and relocation expenses.
The base appropriation for state road
construction for fiscal years 2016 and 2017 is $645,000,000 in each year.
$10,000,000 in each year is for
the transportation economic development program under Minnesota Statutes,
section 174.12.
The commissioner may expend up to one-half
of one percent of the federal appropriations under this clause as grants to
opportunity industrialization centers and other nonprofit job training centers
for job training programs related to highway construction.
The commissioner may transfer up to
$15,000,000 each year to the transportation revolving loan fund.
The commissioner may receive money
covering other shares of the cost of partnership projects. These receipts are appropriated to the
commissioner for these projects.
(d) Highway Debt Service |
|
158,417,000
|
|
189,821,000
|
$148,917,000 in the first year and
$180,321,000 in the second year are for transfer to the state bond fund. If an appropriation is insufficient to make
all transfers required in the year for which it is made, the commissioner of
management and budget shall notify the senate Committee on Finance and the
house of representatives Committee on Ways and Means of the amount of the
deficiency and shall then transfer that amount under the statutory open
appropriation. Any excess appropriation
cancels to the trunk highway fund.
(e) Electronic Communications |
|
5,171,000
|
|
5,171,000
|
Appropriations
by Fund |
||
|
||
General |
3,000
|
3,000
|
Trunk Highway |
5,168,000
|
5,168,000
|
The general fund appropriation is to equip
and operate the Roosevelt signal tower for Lake of the Woods weather
broadcasting.
Subd. 4. Local
Roads |
|
|
|
|
(a) County State-Aid Roads |
|
594,883,000
|
|
607,505,000
|
This appropriation is from the county
state-aid highway fund under Minnesota Statutes, sections 161.082 to 161.085,
and chapter 162, and is available until spent.
If the commissioner of transportation
determines that a balance remains in the county state-aid highway fund
following the appropriations and transfers made in this subdivision, and that
the appropriations made are insufficient for advancing county state-aid
highway projects, an amount
necessary to advance the projects, not to exceed the balance in the county
state-aid highway fund, is appropriated in each year to the commissioner. Within two weeks of a determination under
this contingent appropriation, the commissioner of transportation shall notify
the commissioner of management and budget and the chairs and ranking minority
members of the legislative committees with jurisdiction over transportation
finance concerning funds appropriated.
(b) Municipal State-Aid Roads |
|
152,219,000
|
|
155,060,000
|
This appropriation is from the municipal state-aid
street fund for the purposes under Minnesota Statutes, chapter 162, and is
available until spent.
If the commissioner of transportation
determines that a balance remains in the municipal state-aid street fund
following the appropriations made in this subdivision, and that the
appropriations made are insufficient for advancing municipal state-aid street
projects, an amount necessary to advance the projects, not to exceed the
balance in the municipal state-aid street fund, is appropriated in each year to
the commissioner. Within two weeks of a
determination under this contingent appropriation, the commissioner of
transportation shall notify the commissioner of management and budget and the
chairs and ranking minority members of the legislative committees with
jurisdiction over transportation finance concerning funds appropriated.
Subd. 5. Agency
Management |
|
|
|
|
(a) Agency Services |
|
41,997,000
|
|
41,997,000
|
Appropriations
by Fund |
||
|
||
Airports |
25,000
|
25,000
|
Trunk Highway |
41,972,000
|
41,972,000
|
(b) Buildings |
|
17,838,000
|
|
17,838,000
|
Appropriations
by Fund |
||
|
||
General |
54,000
|
54,000
|
Trunk Highway |
17,784,000
|
17,784,000
|
If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
Subd. 6. Transfers
|
|
|
|
|
(a) With the approval of the commissioner
of management and budget, the commissioner of transportation may transfer
unencumbered balances among the appropriations from the trunk
highway
fund and the state airports fund made in this section. No transfer may be made from the
appropriations for state road construction or for debt service. Transfers under this paragraph may not be
made between funds. Transfers under this
paragraph must be reported immediately to the chairs and ranking minority
members of the legislative committees with jurisdiction over transportation
finance.
(b) The commissioner shall transfer from
the flexible highway account in the county state-aid highway fund: (1) $5,700,000 in the first year to the trunk
highway fund; (2) $13,000,000 in the first year to the municipal turnback
account in the municipal state-aid street fund; (3) $10,000,000 in the second
year to the municipal turnback account in the municipal state-aid street fund;
and (4) the remainder in each year to the county turnback account in the county
state-aid highway fund. The funds
transferred are for highway turnback purposes as provided under Minnesota
Statutes, section 161.081, subdivision 3.
Subd. 7. Previous State Road Construction Appropriations |
|
|
|
Any money appropriated to the commissioner
of transportation for state road construction for any fiscal year before the
first year is available to the commissioner during the biennium to the extent
that the commissioner spends the money on the state road construction project
for which the money was originally encumbered during the fiscal year for which
it was appropriated. The commissioner of
transportation shall report to the commissioner of management and budget by
August 1, 2013, and August 1, 2014, on a form the commissioner of management
and budget provides, on expenditures made during the previous fiscal year that
are authorized by this subdivision.
Subd. 8. Contingent
Appropriation |
|
|
|
|
The commissioner of transportation, with
the approval of the governor and the written approval of at least five members
of a group consisting of the members of the Legislative Advisory Commission
under Minnesota Statutes, section 3.30, and the ranking minority members of the
legislative committees with jurisdiction over transportation finance, may
transfer all or part of the unappropriated balance in the trunk highway fund to
an appropriation: (1) for trunk highway
design, construction, or inspection in order to take advantage of an
unanticipated receipt of income to the trunk highway fund or to take advantage
of federal advanced construction funding; (2) for trunk highway maintenance in
order to meet an emergency; or (3) to pay tort or environmental claims. Nothing in this subdivision authorizes the
commissioner to increase the use of federal advanced construction funding
beyond amounts specifically authorized. Any
transfer as a result of the use of federal advanced construction funding must
include an analysis
of
the effects on the long-term trunk highway fund balance. The amount transferred is appropriated for
the purpose of the account to which it is transferred.
Sec. 4. METROPOLITAN
COUNCIL |
|
$107,889,000 |
|
$76,970,000 |
This appropriation is from the general
fund for transit system operations under Minnesota Statutes, sections 473.371
to 473.449.
The base appropriation for fiscal years
2016 and 2017 is $76,686,000 in each year.
$37,000,000 in the first year is for the
Southwest Corridor light rail transit line from the Hiawatha light rail transit
line in downtown Minneapolis to Eden Prairie, to be used for environmental
studies, preliminary engineering, acquisition of real property, or interests in
real property, and design. This is a
onetime appropriation and is available until expended.
Sec. 5. DEPARTMENT
OF PUBLIC SAFETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$156,441,000 |
|
$157,375,000 |
Appropriations
by Fund |
||
|
||
|
2014
|
2015
|
|
|
|
General |
9,292,000
|
9,292,000
|
Special Revenue |
49,775,000
|
50,709,000
|
H.U.T.D. |
10,406,000
|
10,406,000
|
Trunk Highway |
86,968,000
|
86,968,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Administration
and Related Services |
|
|
|
|
(a) Office of Communications |
|
504,000
|
|
504,000
|
Appropriations
by Fund |
||
|
||
General |
111,000
|
111,000
|
Trunk Highway |
393,000
|
393,000
|
(b) Public Safety Support |
|
8,439,000
|
|
8,439,000
|
Appropriations
by Fund |
||
|
||
General |
3,467,000
|
3,467,000
|
H.U.T.D. |
1,366,000
|
1,366,000
|
Trunk Highway |
3,606,000 |
3,606,000 |
$380,000
in each year is from the general fund for payment of public safety officer
survivor benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
$1,367,000 in each year is from the
general fund to be deposited in the public safety officer's benefit account. This money is available for reimbursements
under Minnesota Statutes, section 299A.465.
$600,000 in each year is from the general
fund and $100,000 in each year is from the trunk highway fund for soft body
armor reimbursements under Minnesota Statutes, section 299A.38.
$792,000 in each year is from the general
fund for transfer by the commissioner of management and budget to the trunk
highway fund on December 31, 2013, and December 31, 2014, respectively, in
order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of
the trunk highway fund for general fund purposes in the administration and
related services program.
$610,000 in each year is from the highway
user tax distribution fund for transfer by the commissioner of management and
budget to the trunk highway fund on December 31, 2013, and December 31,
2014, respectively, in order to reimburse the trunk highway fund for expenses
not related to the fund. These represent
amounts appropriated out of the trunk highway fund for highway user tax
distribution fund purposes in the administration and related services program.
$716,000 in each year is from the highway
user tax distribution fund for transfer by the commissioner of management and
budget to the general fund on December 31,
2013, and December 31, 2014, respectively, in order to reimburse the
general fund for expenses not related to the fund. These represent amounts appropriated out of
the general fund for operation of the criminal justice data network related to
driver and motor vehicle licensing.
Before January 15, 2015, the commissioner
of public safety shall review the amounts and purposes of the transfers under
this paragraph and shall recommend necessary changes to the legislative
committees with jurisdiction over transportation finance.
(c) Technology and Support Service |
|
3,685,000
|
|
3,685,000
|
(a) Patrolling Highways |
|
72,522,000
|
|
72,522,000
|
Appropriations
by Fund |
||
|
||
General |
37,000
|
37,000
|
H.U.T.D. |
92,000
|
92,000
|
Trunk Highway |
72,393,000
|
72,393,000
|
(b) Commercial Vehicle Enforcement |
|
7,796,000
|
|
7,796,000
|
(c) Capitol Security |
|
4,355,000
|
|
4,355,000
|
This appropriation is from the general
fund.
$1,250,000 in each year is to implement
the recommendations of the advisory committee on Capitol Area Security under
Minnesota Statutes, section 299E.04, including the creation of an emergency
manager position under Minnesota Statutes, section 299E.01, subdivision 2, and
an increase in the number of State Patrol troopers
and other security officers assigned to the Capitol complex.
The commissioner may not: (1) spend any money from the trunk highway
fund for capitol security; or (2) permanently transfer any state trooper from the patrolling highways
activity to capitol security.
The commissioner may not transfer any
money appropriated to the commissioner under this section: (1) to capitol security; or (2) from capitol
security.
(d) Vehicle Crimes Unit |
|
693,000
|
|
693,000
|
This appropriation is from the highway
user tax distribution fund.
This appropriation is to investigate: (1) registration tax and motor vehicle sales
tax liabilities from individuals and businesses that currently do not pay all taxes owed; and (2) illegal or improper
activity related to sale, transfer, titling, and registration of motor
vehicles.
Subd. 4. Driver
and Vehicle Services |
|
|
|
|
(a) Vehicle Services |
|
27,909,000
|
|
28,430,000
|
Appropriations
by Fund |
||
|
||
Special Revenue |
19,673,000
|
19,771,000
|
H.U.T.D. |
8,236,000
|
8,236,000
|
The special revenue fund appropriation is
from the vehicle services operating account.
$650,000 in each year is from
the special revenue fund for seven additional positions to enhance customer
service related to vehicle title issuance.
$521,000 in the second year is from the
special revenue fund for the vehicle services portion of a new telephone system
and is for transfer to the Office of Enterprise Technology for construction and
development of the system. This is a
onetime appropriation and is available until expended.
The base appropriation from the special
revenue fund is $27,909,000 for fiscal year
2016 and $27,909,000 for fiscal year 2017.
(b) Driver Services |
|
28,749,000
|
|
29,162,000
|
Appropriations
by Fund |
||
|
||
Special Revenue |
28,748,000
|
29,161,000
|
Trunk Highway |
1,000
|
1,000
|
The special revenue fund appropriation is
from the driver services operating account.
$71,000 in the second year is from the
special revenue fund for one additional position related to facial recognition.
$279,000 in the second year is from the
special revenue fund for the driver services portion of a new telephone system
and is for transfer to the Office of Enterprise Technology for construction and
development of the system. This is a
onetime appropriation and is available until expended.
$37,000 in the first year and $33,000 in
the second year are from the special revenue fund for one half-time position to
assist with the Novice Driver Improvement Task Force under Minnesota Statutes,
section 171.0701, subdivision 1a. The
base appropriation for this position is
$6,000 in fiscal year 2016 and $0 in fiscal year 2017.
$67,000 in the second year is from the
special revenue fund for one new position to administer changes to the ignition
interlock program. The base
appropriation for this position in fiscal years 2016 and 2017 is $62,000 in
each year.
The base appropriation from the special
revenue fund is $28,851,000 for fiscal year
2016 and $28,845,000 for fiscal year 2017.
Subd. 5. Traffic
Safety |
|
435,000
|
|
435,000
|
The commissioner of public safety shall
spend 50 percent of the money available to the state under United States Code,
title 23, section 164, and the remaining 50 percent must be transferred to the
commissioner of transportation for hazard elimination activities under United
States Code, title 23, section 152.
Subd. 6. Pipeline
Safety |
|
1,354,000
|
|
1,354,000
|
This appropriation is from the pipeline
safety account in the special revenue fund.
Sec. 6. TORT
CLAIMS |
|
$600,000 |
|
$600,000 |
This
appropriation is to the commissioner of management and budget.
If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
Sec. 7. REAUTHORIZATION;
2008 BOND SALE EXPENSES FOR TRUNK HIGHWAY BONDS.
$1,414,600 of the amount appropriated in
Laws 2008, chapter 152, article 2, section 6, for trunk highway bond sale
expenses, which was reported to the legislature according to Minnesota
Statutes, section 16A.642, subdivision 1, is reauthorized and does not cancel
under the terms of that subdivision. This
appropriation for the bond sale expenses and the bond sale authorization in
Laws 2008, chapter 152, article 2, section 7, subdivision 1, as amended, are
available until December 31, 2019.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
BONDING
Section 1.
BOND APPROPRIATIONS.
The sums shown in the column under
"Appropriations" are appropriated from the bond proceeds account in
the trunk highway 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, articles XI and XIV. Unless otherwise specified, money
appropriated in this article 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.
SUMMARY |
||
|
||
Department of Transportation |
|
$300,000,000
|
Department of Management and
Budget |
|
300,000
|
|
|
|
TOTAL |
|
$300,300,000 |
|
|
|
APPROPRIATIONS |
Sec. 2. CORRIDORS
OF COMMERCE |
|
|
|
300,000,000
|
(a) This appropriation is to the
commissioner of transportation for the corridors of commerce program under Minnesota
Statutes, section 161.088.
(b) The appropriation in this section is
for the actual construction, reconstruction, and improvement of trunk highways,
including design-build contracts and consultant usage to support these
activities. This includes the cost of actual payments to
landowners for lands acquired for highway rights-of-way, payments to lessees,
interest subsidies, and relocation expenses.
(c)
The commissioner may use up to 17 percent for program delivery.
Sec. 3. BOND
SALE EXPENSES |
|
|
|
$300,000 |
This appropriation is to the commissioner
of management and budget for bond sale expenses under Minnesota Statutes,
sections 16A.641, subdivision 8, and 167.50, subdivision 4.
Sec. 4. BOND
SALE AUTHORIZATION.
To provide the money appropriated in this
article from the bond proceeds account in the trunk highway fund, the
commissioner of management and budget shall sell and issue bonds of the state
in an amount up to $300,300,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the
Minnesota Constitution, article XIV, section 11, at the times and in the
amounts requested by the commissioner of transportation. The proceeds of the bonds, except accrued
interest and any premium received from the sale of the bonds, must be deposited
in the bond proceeds account in the trunk highway fund.
Sec. 5. EFFECTIVE
DATE.
This article is effective July 1, 2014.
ARTICLE 3
TRANSPORTATION POLICY AND FINANCE
Section 1.
[161.088] CORRIDORS OF
COMMERCE PROGRAM.
Subdivision 1. Definitions. For purposes of this section, the
following terms have the meanings given:
(1) "beyond the project
limits" means any point that is located:
(i) outside of the project limits;
(ii) along the same trunk highway; and
(iii) within the same region of the
state;
(2) "city" means a statutory
or home rule charter city;
(3) "program" means the
corridors of commerce program established in this section; and
(4) "project limits" means
the estimated construction limits of a project for trunk highway construction,
reconstruction, or maintenance, that is a candidate for selection under the
corridors of commerce program.
Subd. 2. Program
authority, funding. (a) As
provided in this section, the commissioner shall establish a corridors of
commerce program for trunk highway construction, reconstruction, and
improvement, including maintenance operations, that improves commerce in the
state.
(b) The commissioner may expend
funds under the program from appropriations to the commissioner that are:
(1) made specifically by law for use
under this section;
(2) at the discretion of the commissioner, made for the budget activities in the state roads program of operations and maintenance, program planning and delivery, or state road construction; and
(3) made for the corridor investment
management strategy program, unless specified otherwise.
(c) The commissioner shall include in
the program the cost participation policy for local units of government.
Subd. 3. Project
classification. The
commissioner shall determine whether each candidate project can be classified
into at least one of the following classifications:
(1) capacity development, for a project
on a segment of a trunk highway where the segment:
(i) is not a divided highway, and that
highway is an expressway or freeway beyond the project limits;
(ii) contains a highway terminus that
lacks an intersection or interchange with another trunk highway;
(iii) contains fewer lanes of travel
compared to that highway beyond the project limits; or
(iv) contains a location that is
proposed as a new interchange or to be reconstructed from an intersection to an
interchange; or
(2) freight improvement, for an asset
preservation or replacement project that can result in:
(i) removing or reducing barriers to commerce;
(ii) easing or preserving freight movement;
(iii) supporting emerging industries; or
(iv) providing connections between the
trunk highway system and other transportation modes for the movement of
freight.
Subd. 4. Project
eligibility. (a) The
commissioner shall establish eligibility requirements for projects that can be
funded under the program. Eligibility
must include:
(1) consistency with the statewide
multimodal transportation plan under section 174.03;
(2) location of the project on an
interregional corridor, for a project located outside of the Department of
Transportation metropolitan district;
(3) placement into at least one project
classification under subdivision 3;
(4) a maximum length of time, as
determined by the commissioner, until commencement of construction work on the
project; and
(5) for each type of project
classification under subdivision 3, a maximum allowable amount for the total
project cost estimate, as determined by the commissioner with available data.
(b) A project whose
construction is programmed in the state transportation improvement program is
not eligible for funding under the program.
This paragraph does not apply to a project that is programmed as result
of selection under this section.
(c) A project may be, but is not
required to be, identified in the 20-year state highway capital investment plan
under section 174.03.
Subd. 5. Project
selection process; criteria. (a)
The commissioner shall establish a process for identification, evaluation, and
selection of projects under the program.
(b) As part of the project selection
process, the commissioner shall annually accept recommendations on candidate
projects from area transportation partnerships and other interested
stakeholders in each Department of Transportation district. For each candidate project identified under
this paragraph, the commissioner shall determine eligibility, classify, and if
appropriate, evaluate the project for the program.
(c) Project evaluation and
prioritization must be performed on the basis of objective criteria, which must
include:
(1) a return on investment measure that
provides for comparison across eligible projects;
(2) measurable impacts on commerce and
economic competitiveness;
(3) efficiency in the movement of
freight, including but not limited to:
(i) measures of annual average daily
traffic and commercial vehicle miles traveled, which may include data near the
project location on that trunk highway or on connecting trunk and local
highways; and
(ii) measures of congestion or travel
time reliability, which may be within or near the project limits, or both;
(4) improvements to traffic safety;
(5) connections to regional trade
centers, local highway systems, and other transportation modes;
(6) the extent to which the project
addresses multiple transportation system policy objectives and principles; and
(7) support and consensus for the
project among members of the surrounding community.
(d) As part of the project selection
process, the commissioner may divide funding to be separately available among
projects within each classification under subdivision 3, and may apply separate
or modified criteria among those projects falling within each classification.
Subd. 6. Funding
allocations; operations and maintenance.
In identifying the amount of funding allocated to a project under
the program, the commissioner may include allocations of funds for operations
and maintenance resulting from that project, that are assigned in future years
following completion of the project, subject to available funds for the program
in those years from eligible sources.
Subd. 7. Legislative
report, evaluation. (a)
Starting in 2014, annually by November 1, the commissioner shall electronically
submit a report on the corridors of commerce program to the chairs and ranking
minority members of the legislative
committees with jurisdiction over transportation policy and finance. At a minimum, the report must include:
(1) a summary of the program, including
a review of the project selection process, eligibility and criteria, funds
expended in the previous selection cycle, and total funds expended since
program inception;
(2) a listing of projects
funded under the program in the previous selection cycle, including:
(i) project classification;
(ii) a breakdown of project costs and
funding sources;
(iii) any future operating costs
assigned under subdivision 6; and
(iv) a brief description that is
comprehensible to a lay audience;
(3) a listing of candidate project
recommendations required under subdivision 5, paragraph (b), including project
classification and disposition in the selection process; and
(4) any recommendations for changes to
statutory requirements of the program.
(b) Starting in 2016, and in every
even-numbered year thereafter, the commissioner shall incorporate into the
report the results of an independent evaluation of impacts and effectiveness of
the program. The evaluation must be
performed by agency staff or a consultant.
The individual or individuals performing the evaluation must have
experience in program evaluation, but must not be regularly involved in the
program's implementation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 161.20, subdivision 3, is amended to read:
Subd. 3. Trunk
highway fund appropriations. The
commissioner may expend trunk highway funds only for trunk highway purposes. Payment of expenses related to Bureau of
Criminal Apprehension laboratory, Explore Minnesota Tourism kiosks, Minnesota
Safety Council, tort claims, driver education programs, Emergency
Medical Services Board, Mississippi River Parkway Commission, payments to MN.IT
Services in excess of actual costs incurred for trunk highway purposes, and
personnel costs incurred on behalf of the Governor's Office do not further a
highway purpose and do not aid in the construction, improvement, or maintenance
of the highway system.
Sec. 3. Minnesota Statutes 2012, section 161.53, is amended to read:
161.53
RESEARCH ACTIVITIES.
(a) The commissioner may set aside in each fiscal year up to two percent of the total amount of all funds appropriated to the commissioner other than county state-aid and municipal state-aid highway funds for transportation research including public and private research partnerships. The commissioner shall spend this money for (1) research to improve the design, construction, maintenance, management, and environmental compatibility of transportation systems, including research into and implementation of innovations in bridge-monitoring technology and bridge inspection technology; bridge inspection techniques and best practices; and the cost-effectiveness of deferred or lower cost highway and bridge design and maintenance activities and their impacts on long-term trunk highway costs and maintenance needs; (2) research on transportation policies that enhance energy efficiency and economic development; (3) programs for implementing and monitoring research results; and (4) development of transportation education and outreach activities.
(b) Of all funds appropriated to the
commissioner other than state-aid funds, the commissioner shall spend at least
0.1 percent, but not exceeding $1,200,000 $2,000,000 in any
fiscal year, for research and related activities performed by the Center for
Transportation Studies of the University of Minnesota. The center shall establish a technology
transfer and training center for Minnesota transportation professionals. By June 30, 2018, the center shall conduct
research on transportation policy and economic competitiveness, including, but
not limited to, innovative transportation finance options and economic
development, transportation impacts of industry clusters and freight, and
transportation technology impacts on economic competitiveness.
Sec. 4. Minnesota Statutes 2012, section 163.051, is amended to read:
163.051
METROPOLITAN COUNTY WHEELAGE TAX.
Subdivision 1. Tax
authorized. (a) Except as provided
in paragraph (b) (c), the board of commissioners of each metropolitan
county is authorized to levy by resolution a wheelage tax of $5 for
the year 1972 and each subsequent year thereafter by resolution at the
rate specified in paragraph (b), on each motor vehicle that is kept in such
county when not in operation and that is subject to annual registration and
taxation under chapter 168. The board
may provide by resolution for collection of the wheelage tax by county
officials or it may request that the tax be collected by the state registrar of
motor vehicles, and. The
state registrar of motor vehicles shall collect such tax on behalf of the
county if requested, as provided in subdivision 2.
(b) The wheelage tax under this section is
at the rate of:
(1) from January 1, 2014, through
December 31, 2017, $10 per year for each county that authorizes the tax; and
(2) on and after January 1, 2018, up to
$20 per year, in any increment of a whole dollar, as specified by each county
that authorizes the tax.
(c) The following vehicles are exempt from the wheelage tax:
(1) motorcycles, as defined in section 169.011, subdivision 44;
(2) motorized bicycles, as defined in section
169.011, subdivision 45; and
(3) electric-assisted bicycles, as defined
in section 169.011, subdivision 27; and
(4) (3) motorized foot
scooters, as defined in section 169.011, subdivision 46.
(d) For any county that authorized the
tax prior to the effective date of this section, the wheelage tax continues at
the rate provided under paragraph (b).
Subd. 2. Collection
by registrar of motor vehicles. The
wheelage tax levied by any metropolitan county, if made collectible by
the state registrar of motor vehicles, shall be certified by the county auditor
to the registrar not later than August 1 in the year before the calendar year
or years for which the tax is levied, and the registrar shall collect such tax
with the motor vehicle taxes on the affected vehicles for such year or years. Every owner and every operator of such a
motor vehicle shall furnish to the registrar all information requested by the
registrar. No state motor vehicle tax on
any such motor vehicle for any such year shall be received or deemed paid
unless the applicable wheelage tax is paid therewith. The proceeds of the wheelage tax levied by
any metropolitan county, less any amount retained by the registrar to pay costs
of collection of the wheelage tax, shall be paid to the commissioner of
management and budget and deposited in the state treasury to the credit of the county
wheelage tax fund of each metropolitan county.
Subd. 2a. Tax
proceeds deposited; costs of collection; appropriation. Notwithstanding the provisions of any
other law, the state registrar of motor vehicles shall deposit the proceeds of
the wheelage tax imposed by subdivision 2, to the credit of the county wheelage
tax fund account of each metropolitan county. The amount necessary to pay the costs of
collection of said tax is appropriated from the county wheelage tax fund
account of each metropolitan county to the state registrar of
motor vehicles.
Subd. 3. Distribution
to metropolitan county; appropriation.
On or before April 1 in 1972 and each subsequent year, the
commissioner of management and budget On a monthly basis, the registrar
of motor vehicles shall issue a warrant in favor of the treasurer of each metropolitan
county for which the registrar has collected a
wheelage tax in the amount of
such tax then on hand in the county wheelage tax fund account. There is hereby appropriated from the county
wheelage tax fund account each year, to each metropolitan
county entitled to payments authorized by this section, sufficient moneys to
make such payments.
Subd. 4. Use of tax.
The treasurer of each metropolitan county receiving moneys
payments under subdivision 3 shall deposit such moneys payments
in the county road and bridge fund. The
moneys shall be used for purposes authorized by law which are highway purposes
within the meaning of the Minnesota Constitution, article 14.
Subd. 6. Metropolitan county defined. "Metropolitan county" means any
of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Subd. 7. Offenses; penalties; application of other
laws. (a) Any owner or
operator of a motor vehicle who shall willfully give gives
any false information relative to the tax herein authorized by this
section to the registrar of motor vehicles or any metropolitan
county, or who shall willfully fail or refuse fails or refuses
to furnish any such information, shall be is guilty of a
misdemeanor.
(b) Except as otherwise herein provided in
this section, the collection and payment of a wheelage tax and all matters
relating thereto shall be are subject to all provisions of law
relating to collection and payment of motor vehicle taxes so far as applicable.
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to a registration period under Minnesota
Statutes, chapter 168, starting on or after January 1, 2014.
Sec. 5. Minnesota Statutes 2012, section 168A.01, subdivision 6a, is amended to read:
Subd. 6a. High-value vehicle. "High-value vehicle" means a
vehicle that had an actual cash value in excess of $5,000 $9,000
before being damaged, or a vehicle with a manufacturer's rating of over 26,000
pounds gross vehicle weight that is not a late-model vehicle.
Sec. 6. Minnesota Statutes 2012, section 168A.29, subdivision 1, is amended to read:
Subdivision 1. Amounts. (a) The department must be paid the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of:
(i) until December 31, 2016, $6.25 of which $3.25 must
be paid into the vehicle services operating account of the special revenue fund
under section 299A.705; until June 30, 2012, a surcharge of $1.75 must be
added to the fee and credited to the driver and vehicle services technology
account;, and from July 1, 2012, to June 30, 2016, a surcharge of $1
must be added to the fee and credited to the driver and vehicle services technology
account; and
(ii) on and after January 1, 2017, $8.25 of which $4.15
must be paid into the vehicle services operating account;
(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any assignment thereof and its subsequent release or satisfaction, the sum of $2, except that no fee is due for a security interest filed by a public authority under section 168A.05, subdivision 8;
(3) until December 31, 2016, for the transfer of the
interest of an owner and the issuance of a new certificate of title, the sum of
$5.50 of which $2.50 must be paid into the vehicle services operating account
of the special revenue fund under section 299A.705; until June 30, 2012, a
surcharge of $1.75 must be added to the fee and credited to the driver and
vehicle services technology account;, and from July 1, 2012, to June
30, 2016, a surcharge of $1 must be added to the fee and credited to the driver
and vehicle services technology account;
(4) for each assignment of a
security interest when first noted on a certificate of title, unless noted
concurrently with the security interest, the sum of $1; and
(5) for issuing a duplicate certificate of
title, the sum of $7.25 of which $3.25 must be paid into the vehicle services
operating account of the special revenue fund under section 299A.705; until
June 30, 2012, a surcharge of $1.75 must be added to the fee and credited to
the driver and vehicle services technology account; from July 1, 2012, to
June 30, 2016, a surcharge of $1 must be added to the fee and credited to the
driver and vehicle services technology account.
(b) After June 30, 1994, In addition
to each of the fees the fee required under paragraph (a), clauses
clause (1) and (3), the department must be paid $3.50. The additional $3.50 fee collected under this
paragraph must be deposited in the special
revenue fund and credited to the public safety motor vehicle account
established in section 299A.70.
Sec. 7. Minnesota Statutes 2012, section 169A.37, subdivision 1, is amended to read:
Subdivision 1. Crime described. It is a crime for a person:
(1) to fail to comply with an impoundment order under section 169A.60 (administrative plate impoundment);
(2) to file a false statement under section 169A.60, subdivision 7, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street or highway when the vehicle is subject to an impoundment order issued under section 169A.60, unless specially coded plates have been issued for the vehicle pursuant to section 169A.60, subdivision 13;
(4) to fail to notify the commissioner of the impoundment order when requesting new plates;
(5) who is subject to a plate impoundment order under section 169A.60, to drive, operate, or be in control of any motor vehicle during the impoundment period, unless the vehicle is employer-owned and is not required to be equipped with an ignition interlock device pursuant to section 70 of 2013 S. F. No. 1270, if enacted, or section 171.306, subdivision 4, paragraph (b), or has specially coded plates issued pursuant to section 169A.60, subdivision 13, and the person is validly licensed to drive; or
(6) who is the transferee of a motor vehicle and who has signed a sworn statement under section 169A.60, subdivision 14, to allow the previously registered owner to drive, operate, or be in control of the vehicle during the impoundment period.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 169A.51, subdivision 2, is amended to read:
Subd. 2. Implied consent advisory. (a) Subject to paragraph (b), at the time a test is requested, the person must be informed:
(1) that Minnesota law requires the person to take a test:
(i) to determine if the person is under the influence of alcohol, controlled substances, or hazardous substances;
(ii) to determine the presence of a controlled substance listed in Schedule I or II or metabolite, other than marijuana or tetrahydrocannabinols; and
(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of alcohol;
(2) that refusal to take a test is a crime;
(3) if the peace officer has probable cause to believe the person has violated the criminal vehicular homicide and injury laws, that a test will be taken with or without the person's consent; and
(4) that the person has the right to consult with an attorney, but that this right is limited to the extent that it cannot unreasonably delay administration of the test.
(b) A peace officer who is not pursuing
an implied consent revocation is not required to give the advisory described in
paragraph (a) to a person whom the officer has probable cause to believe has
violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6)
(criminal vehicular operation DWI-related provisions).
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2012, section 169A.55, is amended by adding a subdivision to read:
Subd. 5. Reinstatement of driving privileges; certain criminal vehicular operation offenses. A person whose driver's license has been revoked under section 171.17, subdivision 1, paragraph (a), clause (1) (revocation, criminal vehicular operation), or suspended under section 171.187 (suspension, criminal vehicular operation), for a violation of section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4) (criminal vehicular operation alcohol-related provisions), resulting in bodily harm, substantial bodily harm, or great bodily harm, shall not be eligible for reinstatement of driving privileges until the person has submitted to the commissioner verification of the use of ignition interlock for the applicable time period specified in those sections. To be eligible for reinstatement under this subdivision, a person shall utilize an ignition interlock device that meets the performance standards and certification requirements under subdivision 4, paragraph (c).
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2012, section 171.05, subdivision 2, is amended to read:
Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision in subdivision 1 to the contrary, the department may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver education in another state, has a previously issued valid license from another state, or is enrolled in either:
(i) a public, private, or commercial driver education program that is approved by the commissioner of public safety and that includes classroom and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver education program when the student is receiving full-time instruction in a home school within the meaning of sections 120A.22 and 120A.24, the student is working toward a homeschool diploma, the student is taking home-classroom driver training with classroom materials approved by the commissioner of public safety, and the student's parent has certified the student's homeschool and home-classroom driver training status on the form approved by the commissioner;
(2) has completed the classroom phase of instruction in the driver education program or has completed 15 hours of classroom instruction in a program that presents classroom and behind-the-wheel instruction concurrently;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the applicant's knowledge of traffic laws;
(5) has completed the required application, which must be approved by (i) either parent when both reside in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor, (v) the foster parent or the director of the transitional living program in which the child resides or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or otherwise legally emancipated, then (vi) the applicant's adult spouse, adult close family member, or adult employer; provided, that the approval required by this clause contains a verification of the age of the applicant and the identity of the parent, guardian, adult spouse, adult close family member, or adult employer; and
(6) has paid the fee all fees
required in section 171.06, subdivision 2.
(b) For the purposes of determining compliance with the certification of paragraph (a), clause (1), item (ii), the commissioner may request verification of a student's homeschool status from the superintendent of the school district in which the student resides and the superintendent shall provide that verification.
(c) The instruction permit is valid for two years from the date of application and may be renewed upon payment of a fee equal to the fee for issuance of an instruction permit under section 171.06, subdivision 2.
(d) The commissioner of public safety
shall adopt rules to carry out the provisions of this section. The rules adopted under this section are
exempt from the rulemaking provisions of chapter 14. The rules are subject to section 14.386,
except that section 14.386, paragraph (b), does not apply.
EFFECTIVE
DATE. Paragraph (a) is
effective June 1, 2014. Paragraph (d) is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2012, section 171.061, subdivision 4, is amended to read:
Subd. 4. Fee;
equipment. (a) The agent may charge
and retain a filing fee of $5 $8 for each application. Except as provided in paragraph (c), the fee
shall cover all expenses involved in receiving, accepting, or forwarding to the department the applications and fees
required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a;
and 171.07, subdivisions 3 and 3a.
(b) The statutory fees and the filing fees imposed under paragraph (a) may be paid by credit card or debit card. The driver's license agent may collect a convenience fee on the statutory fees and filing fees not greater than the cost of processing a credit card or debit card transaction. The convenience fee must be used to pay the cost of processing credit card and debit card transactions. The commissioner shall adopt rules to administer this paragraph using the exempt procedures of section 14.386, except that section 14.386, paragraph (b), does not apply.
(c) The department shall maintain the photo identification equipment for all agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or discontinuance of an existing agent, and if a new agent is appointed in an existing office pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota Rules, part 7404.0400, the department shall provide and maintain photo identification equipment without additional cost to a newly appointed agent in that office if the office was provided the equipment by the department before January 1, 2000. All photo identification equipment must be compatible with standards established by the department.
(d) A filing fee retained by the agent employed by a county board must be paid into the county treasury and credited to the general revenue fund of the county. An agent who is not an employee of the county shall retain the filing fee in lieu of county employment or salary and is considered an independent contractor for pension purposes, coverage under the Minnesota State Retirement System, or membership in the Public Employees Retirement Association.
(e) Before the end of the first working day following the final day of the reporting period established by the department, the agent must forward to the department all applications and fees collected during the reporting period except as provided in paragraph (d).
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 12. Minnesota Statutes 2012, section 171.17, is amended by adding a subdivision to read:
Subd. 4. Criminal
vehicular operation; revocation periods.
(a) As used in this subdivision, "qualified prior impaired
driving incident" has the meaning given in section 169A.03, subdivision
22.
(b) Upon receiving a record of a
conviction for a violation of section 609.21, subdivision 1, clause (2), (3),
(4), (5), or (6), the commissioner shall revoke the driver's license or driving
privileges of a person as follows:
(1) not less than ten years if the
violation resulted in great bodily harm or death to another and the person has
two or more qualified prior impaired driving incidents within the past ten
years or three or more qualified prior impaired driving incidents, and with
denial under section 171.04, subdivision 1, clause (10), until rehabilitation
is established according to standards established by the commissioner;
(2) not less than eight years if the
violation resulted in great bodily harm or death to another and the person has
a qualified prior impaired driving incident within the past ten years;
(3) not less than six years if the
violation resulted in great bodily harm or death to another;
(4) not less than six years if the violation resulted in bodily harm or substantial bodily harm to another and the person has two or more qualified prior impaired driving incidents within the past ten years or three or more qualified prior impaired driving incidents, and with denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner;
(5) not less than four years if the
violation resulted in bodily harm or substantial bodily harm to another and the
person has a qualified prior impaired driving incident within the past ten
years; or
(6) not less than two years if the
violation resulted in bodily harm or substantial bodily harm to another.
(c) Section 169A.09 applies when
determining the number of qualified prior impaired driving incidents under this
subdivision.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 13. [171.187]
SUSPENSION; CRIMINAL VEHICULAR OPERATION AND MANSLAUGHTER.
Subdivision 1. Suspension
required. The commissioner
shall suspend the driver's license of a person:
(1) for whom a peace officer has made
the certification described in section 629.344 that probable cause exists to
believe that the person violated section 609.21, subdivision 1, clause (2),
(3), (4), (5), or (6); or
(2) who has been formally charged with
a violation of section 609.20, 609.205, or 609.21, resulting from the operation
of a motor vehicle.
Subd. 2. Suspension
period. A suspension under
this section continues until:
(1) the conviction, acquittal,
or dismissal of the underlying crime that resulted in the suspension; or
(2) the commissioner, acting under
subdivision 4, orders the termination of the suspension.
Subd. 3. Credit. If a person whose driver's license was
suspended under subdivision 1 is later convicted of the underlying offense that
resulted in the suspension and the commissioner revokes the person's license,
the commissioner shall credit the time accrued under the suspension period
toward the revocation period imposed under section
171.17, subdivision 4, or for violations of section 609.20, 609.205, or 609.21,
subdivision 1, clause (1), (7), or (8).
Subd. 4. Administrative
review of license suspension. (a)
At any time during which a person's driver's license is suspended under this
section, the person may request in writing a review of the suspension by the
commissioner. Upon receiving a request,
the commissioner or the commissioner's designee shall review the order of
suspension, the evidence upon which the order was based, and any other material
information brought to the attention of the commissioner, and determine whether
sufficient cause exists to sustain the order.
Within 15 days of receiving the request, the commissioner shall report
in writing the results of the review. The
review provided in this subdivision is not subject to the contested case
provisions in chapter 14.
(b) In addition to any other reason
provided for in this subdivision, a person may request a review of the
suspension by the commissioner if the suspension has been in place for at least
three months and the person has not been indicted or formally charged with the
underlying crime that resulted in the license suspension.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2012, section 171.30, subdivision 1, is amended to read:
Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited license to the driver under the conditions in paragraph (b) in any case where a person's license has been:
(1) suspended under section 171.18,
171.173, or 171.186, or 171.187;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause (1) or (2);
(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section 171.306;
(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration of less than twice the legal limit;
(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section 171.306;
(iv) 171.17; or
(v) 171.172; or
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less than twice the legal limit;
(ii) subdivision 1, clause (2);
(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
(iv) subdivision 2, if the person does not have a qualified prior impaired driving incident as defined in section 169A.03, subdivision 22, on the person's record, and the test results indicate an alcohol concentration of less than twice the legal limit.
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of the family of the homemaker; or
(3) if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and limitations as in the commissioner's judgment are necessary to the interests of the public safety and welfare including reexamination as to the driver's qualifications. The license may be limited to the operation of particular vehicles, to particular classes and times of operation, and to particular conditions of traffic. The commissioner may require that an applicant for a limited license affirmatively demonstrate that use of public transportation or carpooling as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a household of residents consisting of at least the person and the person's dependent child or other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit specified in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the limitations imposed and the driver operating under the limited license shall have the license in possession at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider the number and the seriousness of prior convictions and the entire driving record of the driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under section 169.792 or 169.797, the commissioner may only issue a limited license to the person after the person has presented an insurance identification card, policy, or written statement indicating that the driver or owner has insurance coverage satisfactory to the commissioner of public safety. The commissioner of public safety may require the insurance identification card provided to satisfy this subdivision be certified by the insurance company to be noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section 171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner must not issue a limited license to a person who previously has been issued a limited license under section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2012, section 171.30, subdivision 2a, is amended to read:
Subd. 2a. Other
waiting periods. Notwithstanding
subdivision 2, a limited license shall not be issued for a period of:
(1) 15 days, to a person whose license or privilege has been revoked or suspended for a first violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance from another state in conformity with either of those sections; or
(2) one year, to a person whose license or privilege has been revoked or suspended for committing manslaughter resulting from the operation of a motor vehicle, committing criminal vehicular homicide or injury under section 609.21, subdivision 1, clause (1), (2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute or ordinance from another state in conformity with either of those offenses.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 16. Minnesota Statutes 2012, section 171.30, is amended by adding a subdivision to read:
Subd. 5. Exception;
criminal vehicular operation. Notwithstanding
subdivision 1, the commissioner may not issue a limited license to a person
whose driver's license has been suspended or revoked due to a violation of
section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4),
resulting in bodily harm, substantial bodily harm, or great bodily harm.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 17. Minnesota Statutes 2012, section 171.306, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) As used in this section, the terms in
this subdivision have the meanings given them.
(b) "Ignition interlock device" or "device" means equipment that is designed to measure breath alcohol concentration and to prevent a motor vehicle's ignition from being started by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
(c) "Program participant" means
a person who has qualified to take part in the ignition interlock program
under this section, and whose driver's license has been:
(1) revoked, canceled, or denied
under section 169A.52, 169A.54, or 171.04, subdivision 1, clause (10), and
who has qualified to take part in the ignition interlock program under this
section; or
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.
(d) "Qualified prior impaired driving incident" has the meaning given in section 169A.03, subdivision 22.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 18. Minnesota Statutes 2012, section 171.306, subdivision 4, is amended to read:
Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class D driver's license, subject to the applicable limitations and restrictions of this section, to a program participant who meets the requirements of this section and the program guidelines. The commissioner shall not issue a license unless the program participant has provided satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle equipped with the ignition interlock device. The commissioner shall require the participant to present an insurance identification card, policy, or written statement as proof of insurance coverage, and may require the insurance identification card provided be certified by the insurance company to be noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction prohibiting the program participant from driving, operating, or being in physical control of any motor vehicle not equipped with a functioning ignition interlock device certified by the commissioner. A participant may drive an employer-owned vehicle not equipped with an interlock device while in the normal course and scope of employment duties pursuant to the program guidelines established by the commissioner and with the employer's written consent.
(c) A program participant whose driver's
license has been: (1) revoked
under section 169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3),
or subdivision 4, paragraph (a), clause (1), (2), or (3), or section 169A.54,
subdivision 1, clause (1), (2), (3), or (4),; or (2) revoked under
section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under
section 171.187, for a violation of section 609.21, subdivision 1, clause (2),
item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily
harm, or great bodily harm; may apply for conditional reinstatement of the
driver's license, subject to the ignition interlock restriction.
(d) A program participant whose driver's license has been revoked, canceled, or denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1, clause (5), (6), or (7), may apply for a limited license, subject to the ignition interlock restriction, if the program participant is enrolled in a licensed chemical dependency treatment or rehabilitation program as recommended in a chemical use assessment, and if the participant meets the other applicable requirements of section 171.30. After completing a licensed chemical dependency treatment or rehabilitation program and one year of limited license use without violating the ignition interlock restriction, the conditions of limited license use, or program guidelines, the participant may apply for conditional reinstatement of the driver's license, subject to the ignition interlock restriction. If the program participant's ignition interlock device subsequently registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall cancel the driver's license, and the program participant may apply for another limited license according to this paragraph.
(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority to determine when a program participant is eligible for restoration of full driving privileges, except that the commissioner shall not reinstate full driving privileges until the program participant has met all applicable prerequisites for reinstatement under section 169A.55 and until the program participant's device has registered no positive breath alcohol concentrations of 0.02 or higher during the preceding 90 days.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 19. [174.12]
TRANSPORTATION ECONOMIC DEVELOPMENT PROGRAM.
Subdivision 1. Program
established. (a) The
commissioners of transportation and employment and economic development shall
develop and implement a transportation economic development program, as
provided in this section, that provides financial assistance on a
geographically balanced basis through competitive grants for projects in all
modes of transportation that provide measurable local, regional, or statewide
economic benefit.
(b) The commissioners of transportation
and employment and economic development may provide financial assistance for a
transportation project at their discretion, subject to the requirements of this
section.
Subd. 2. Transportation
economic development accounts. (a)
A transportation economic development account is established in the special
revenue fund under the budgetary jurisdiction of the legislative committees
having jurisdiction over transportation finance. Money in the account may be expended only as
appropriated by law. The account may not
contain money transferred or otherwise provided from the trunk highway fund.
(b) A transportation economic
development account is established in the trunk highway fund. The account consists of funds donated,
allotted, transferred, or otherwise provided to the account. Money in the account may be used only for
trunk highway purposes. All funds in the
account available prior to the effective date of this act are available until
expended.
Subd. 3. Program
administration. In
implementing the transportation economic development program, the commissioners
of transportation and employment and economic development shall make reasonable
efforts to (1) publicize each solicitation for applications among all eligible
recipients, and (2) provide technical and informational assistance in creating
and submitting applications.
Subd. 4. Economic
impact performance measures. The
commissioner of employment and economic development shall develop economic
impact performance measures to analyze projects for which financial assistance
under this section is being applied for or has been previously provided.
Subd. 5. Financial
assistance; criteria. The
commissioners of transportation and employment and economic development shall
establish criteria for evaluating projects for financial assistance under this
section. At a minimum, the criteria must
provide an objective method to prioritize and select projects on the basis of:
(1) the extent to which the project
provides measurable economic benefit;
(2) consistency with relevant state and
local transportation plans;
(3) the availability and commitment of
funding or in-kind assistance for the project from nonpublic sources;
(4) the need for the project as part of
the overall transportation system;
(5) the extent to which completion of
the project will improve the movement of people and freight; and
(6) geographic balance as required
under subdivision 7, paragraph (b).
Subd. 6. Financial
assistance; project evaluation process.
(a) Following the criteria established under subdivision 5, the
commissioner of employment and economic development shall (1) evaluate proposed
projects, and (2) certify those that may receive financial assistance.
(b) As part of the project evaluation
process, the commissioner of transportation shall certify those projects that
constitute an eligible and appropriate transportation project.
Subd. 7. Financial
assistance; awards. (a) The
financial assistance awarded by the commissioners of transportation and
employment and economic development may not exceed 70 percent of a project's
total costs.
(b) The commissioners of transportation
and employment and economic development shall ensure that financial assistance
is provided in a manner that is balanced throughout the state, including with
respect to (1) the number of projects receiving funding in a particular
geographic location or region of the state, and (2) the total amount of
financial assistance provided for projects in a particular geographic location
or region of the state.
Subd. 8. Legislative
report. (a) By February 1 of
each odd-numbered year, the commissioner of transportation, with assistance
from the commissioner of employment and economic development, shall submit a
report on the transportation economic development program to the chairs and ranking
minority members of the legislative committees with jurisdiction over
transportation policy and finance and economic development policy and finance.
(b) At a minimum, the report must:
(1) summarize the requirements and
implementation of the transportation economic development program established
in this section;
(2) review the criteria and economic
impact performance measures used for evaluation, prioritization, and selection
of projects;
(3) provide a brief overview of each
project that received financial assistance under the program, which must at a
minimum identify:
(i)
basic project characteristics, such as funding recipient, geographic location,
and type of transportation modes served;
(ii) sources and respective amounts of
project funding; and
(iii) the degree of economic benefit
anticipated or observed, following the economic impact performance measures
established under subdivision 4;
(4) identify the allocation of funds,
including but not limited to a breakdown of total project funds by
transportation mode, the amount expended for administrative costs, and the
amount transferred to the transportation economic development assistance
account;
(5) evaluate the overall economic
impact of the program consistent with the accountability measurement
requirements under section 116J.997; and
(6) provide recommendations for any
legislative changes related to the program.
Sec. 20. [174.187]
MADE IN MINNESOTA SOLAR INSTALLATIONS.
Subdivision 1. Definition. (a) For the purposes of this section, the
following terms have the meanings given.
(b) "Made in Minnesota" means
the manufacture in this state of solar photovoltaic modules:
(1) at a manufacturing facility located
in Minnesota that is registered and authorized to manufacture and apply the UL
1703 certification mark to solar photovoltaic modules by Underwriters
Laboratory (UL), CSA International, Intertek, or an equivalent UL-approved
independent certification agency;
(2) that bear UL 1703
certification marks from UL, CSA International, Intertek, or an equivalent
UL-approved independent certification agency, which must be physically applied
to the modules at a manufacturing facility described in clause (1); and
(3) that are manufactured in Minnesota:
(i) via manufacturing processes that
must include tabbing, stringing, and lamination; or
(ii) by interconnecting low-voltage
direct current photovoltaic elements that produce the final useful photovoltaic
output of the modules.
(c) "Solar photovoltaic
module" has the meaning given in section 116C.7791, subdivision 1,
paragraph (e).
Subd. 2. Made
in Minnesota solar energy system requirement. Notwithstanding any other law to the
contrary, if the commissioner engages in any project for the construction,
improvement, maintenance, or repair of any building, highway, road, bridge, or
land owned or controlled by the department and the construction, improvement,
maintenance, or repair involves installation of one or more solar photovoltaic
modules, the commissioner must ensure that the solar photovoltaic modules
purchased and installed are "Made in Minnesota" as defined in
subdivision 1, paragraph (b).
Subd. 3. Application. Subdivision 2 does not apply if:
(1) as a condition of the receipt of
federal financial assistance for a specific project, the commissioner is
required to use a procurement method that might result in the award of a
contract to a manufacturer that does not meet the "Made in Minnesota"
criteria established in subdivision 1, paragraph (b); or
(2) no solar photovoltaic modules are available
that meet the "Made in Minnesota" criteria and fulfill the function
required by the project.
Sec. 21. Minnesota Statutes 2012, section 174.40, is amended by adding a subdivision to read:
Subd. 7a. Related
non-infrastructure activities. (a)
The commissioner may not expend an appropriation from the bond proceeds fund,
or provide financial assistance from such appropriations, for the purposes
specified in this subdivision.
(b) Subject to appropriations made
specifically for the purposes of this subdivision, the commissioner may expend
funds for non-infrastructure activities to encourage walking and bicycling to
school, including:
(1) planning activities;
(2) public awareness campaigns and
outreach to press and community leaders;
(3) traffic education and enforcement
in the vicinity of schools;
(4) student sessions on bicycle and
pedestrian safety, health, and the environment; and
(5) financial assistance for training,
volunteers, and managers of safe routes to school programs.
Sec. 22. [174.42]
TRANSPORTATION ALTERNATIVES PROJECTS.
Subdivision 1. Definition. For purposes of this section,
"transportation alternatives" means those projects identified in the
state transportation improvement program as having (1) a program category of
bike trail, enhancement, or recreational trail; (2) any program category that
is substantially similar to a category identified in clause (1); or (3) a route
system category of ped/bike.
Subd. 2. Funding
requirement. In each federal
fiscal year, the commissioner shall obtain a total amount in federal
authorizations for reimbursement on transportation alternatives projects that
is equal to or greater than the annual average of federal authorizations on
transportation alternatives projects calculated over the preceding four federal
fiscal years.
Sec. 23. Minnesota Statutes 2012, section 219.1651, is amended to read:
219.1651
GRADE CROSSING SAFETY ACCOUNT.
A Minnesota grade crossing safety account
is created in the special revenue fund, consisting of money credited to the
account by law. Money in the account is
appropriated to the commissioner of transportation for rail-highway grade
crossing safety projects on public streets and highways, including engineering
costs. At the discretion of the
commissioner of transportation, money in the account at the end of each fiscal
year cancels biennium may cancel to the trunk highway fund.
Sec. 24. Minnesota Statutes 2012, section 297A.815, subdivision 3, is amended to read:
Subd. 3. Motor vehicle lease sales tax revenue. (a) For purposes of this subdivision, "net revenue" means an amount equal to:
(1) the revenues, including interest and penalties, collected under this section, during the fiscal year; less
(2) in fiscal year 2011, $30,100,000; in fiscal year 2012, $31,100,000; and in fiscal year 2013 and following fiscal years, $32,000,000.
(b) On or before June 30 of each fiscal year, the commissioner of revenue shall estimate the amount of the revenues and subtraction under paragraph (a) for the current fiscal year.
(c) On or after July 1 of the subsequent fiscal year, the commissioner of management and budget shall transfer the net revenue as estimated in paragraph (b) from the general fund, as follows:
(1) 50 percent to the greater Minnesota
transit account; and
(2) 50
percent $9,000,000 annually
until January 1, 2016, and 50 percent annually thereafter to the county
state‑aid highway fund. Notwithstanding
any other law to the contrary, the commissioner of transportation shall
allocate the funds transferred under this clause to the counties in the
metropolitan area, as defined in section 473.121, subdivision 4, excluding the
counties of Hennepin and Ramsey, so that each county shall receive of such
amount the percentage that its population, as defined in section 477A.011,
subdivision 3, estimated or established by July 15 of the year prior to the
current calendar year, bears to the total population of the counties receiving
funds under this clause; and
(2) the remainder to the greater Minnesota transit account.
(d) For fiscal years 2010 and
2011, the amount under paragraph (a), clause (1), must be calculated using the
following percentages of the total revenues:
(1) for fiscal year 2010, 83.75 percent;
and
(2) for fiscal year 2011, 93.75 percent.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 25. Minnesota Statutes 2012, section 297A.993, subdivision 1, is amended to read:
Subdivision 1. Authorization;
rates. Notwithstanding section
297A.99, subdivisions 1, 2, 3, 5, and 13, or 477A.016, or any other law, the
board of a county outside the metropolitan transportation area, as defined
under section 297A.992, subdivision 1, or more than one county outside the metropolitan
transportation area acting under a joint powers agreement, may by resolution
of the county board, or each of the county boards, following a public hearing
impose (1) a transportation sales tax at a rate of up to one-half of one
percent on retail sales and uses taxable under this chapter, and (2) an excise
tax of $20 per motor vehicle, as defined in section 297B.01, subdivision 11,
purchased or acquired from any person engaged in the business of selling motor
vehicles at retail, occurring within the jurisdiction of the taxing authority. The taxes imposed under this section are
subject to approval by a majority of the voters in each of the counties
affected at a general election who vote on the question to impose the taxes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota Statutes 2012, section 297A.993, subdivision 2, is amended to read:
Subd. 2. Allocation;
termination. The proceeds of the
taxes must be dedicated exclusively to:
(1) payment of the capital cost of a specific transportation
project or improvement; (2) payment of the costs, which may include both
capital and operating costs, of a specific transit project or improvement; (3)
payment of the capital costs of a safe routes to school program under section
174.40; or (4) payment of transit operating costs. The transportation or transit project
or improvement must be designated by the board of the county, or more than one
county acting under a joint powers agreement.
Except for taxes for operating costs of a transit project or
improvement, or for transit operations, the taxes must terminate after
the project or improvement has been completed when revenues raised are
sufficient to finance the project.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 27. Minnesota Statutes 2012, section 297B.01, subdivision 14, is amended to read:
Subd. 14. Purchase price. (a) "Purchase price" means the total consideration valued in money for a sale, whether paid in money or otherwise. The purchase price excludes the amount of a manufacturer's rebate paid or payable to the purchaser. If a motor vehicle is taken in trade as a credit or as part payment on a motor vehicle taxable under this chapter, the credit or trade-in value allowed by the person selling the motor vehicle shall be deducted from the total selling price to establish the purchase price of the vehicle being sold and the trade-in allowance allowed by the seller shall constitute the purchase price of the motor vehicle accepted as a trade-in. The purchase price in those instances where the motor vehicle is acquired by gift or by any other transfer for a nominal or no monetary consideration shall also include the average value of similar motor vehicles, established by standards and guides as determined by the motor vehicle registrar. The purchase price in those instances where a motor vehicle is manufactured by a person who registers it under the laws of this state shall mean the manufactured cost of such motor vehicle and manufactured cost shall mean the amount expended for materials, labor, and other properly allocable costs of manufacture, except that in the absence of actual expenditures for the manufacture of a part or all of the motor vehicle, manufactured costs shall mean the reasonable value of the completed motor vehicle.
(b) The term "purchase price" shall not include the portion of the value of a motor vehicle due solely to modifications necessary to make the motor vehicle disability accessible.
(c) The term "purchase price"
shall not include the transfer of a motor vehicle by way of gift between a
husband and wife or parent and child, or to a nonprofit organization as
provided under subdivision 16, paragraph (c), clause (5) (6), nor
shall it include the transfer of a motor vehicle by a guardian to a ward when
there is no monetary consideration and the title to such vehicle was registered
in the name of the guardian, as guardian, only because the ward was a minor.
(d) The term "purchase price" shall not include the transfer of a motor vehicle as a gift between a foster parent and foster child. For purposes of this subdivision, a foster relationship exists, regardless of the age of the child, if (1) a foster parent's home is or was licensed as a foster family home under Minnesota Rules, parts 9545.0010 to 9545.0260, and (2) the county verifies that the child was a state ward or in permanent foster care.
(e) There shall not be included in "purchase price" the amount of any tax imposed by the United States upon or with respect to retail sales whether imposed upon the retailer or the consumer.
EFFECTIVE
DATE. This section is
effective July 1, 2013, and applies to transfers of title that occur on or
after that date.
Sec. 28. Minnesota Statutes 2012, section 297B.01, subdivision 16, is amended to read:
Subd. 16. Sale, sells, selling, purchase, purchased, or acquired. (a) "Sale," "sells," "selling," "purchase," "purchased," or "acquired" means any transfer of title of any motor vehicle, whether absolutely or conditionally, for a consideration in money or by exchange or barter for any purpose other than resale in the regular course of business.
(b) Any motor vehicle utilized by the owner only by leasing such vehicle to others or by holding it in an effort to so lease it, and which is put to no other use by the owner other than resale after such lease or effort to lease, shall be considered property purchased for resale.
(c) The terms also shall include any transfer of title or ownership of a motor vehicle by other means, for or without consideration, except that these terms shall not include:
(1) the acquisition of a motor vehicle by inheritance from or by bequest of, a decedent who owned it;
(2) the transfer of a motor vehicle which was previously licensed in the names of two or more joint tenants and subsequently transferred without monetary consideration to one or more of the joint tenants;
(3) the transfer of a motor vehicle by way
of gift between individuals, or gift from a limited used vehicle dealer
licensed under section 168.27, subdivision 4a, to an individual, when the
transfer is with no monetary or other consideration or expectation of
consideration and the parties to the transfer submit an affidavit to that
effect at the time the title transfer is recorded;
(4) the transfer of a motor vehicle by
gift between:
(i) spouses;
(ii) parents and a child; or
(iii) grandparents and a grandchild;
(5)
(5) (6) the transfer of a
motor vehicle by way of a gift to an organization that is exempt from federal
income taxation under section 501(c)(3) of the Internal Revenue Code when the
motor vehicle will be used exclusively for religious, charitable, or
educational purposes.
EFFECTIVE
DATE. This section is
effective July 1, 2013, and applies to transfers of title that occur on or
after that date.
Sec. 29. Minnesota Statutes 2012, section 297B.02, subdivision 3, is amended to read:
Subd. 3. In
lieu tax for collector vehicle. In
lieu of the tax imposed in subdivision 1, there is imposed a tax of $90 $150
on the purchase price of a passenger automobile or a fire truck described in
section 297B.025, subdivision 2.
EFFECTIVE
DATE. This section is
effective July 1, 2013, and applies to transfers of title that occur on or
after that date.
Sec. 30. Minnesota Statutes 2012, section 299E.01, subdivision 2, is amended to read:
Subd. 2. Responsibilities. (a) The division shall be responsible
and shall utilize state employees for security and public information services
in state-owned buildings and state leased-to-own buildings in the Capitol area,
as described in section 15B.02;.
It shall provide such personnel as are required by the circumstances
to insure the orderly conduct of state business and the convenience of the
public.
(b) As part of the division permanent
staff, the director must establish the position of emergency manager that
includes, at a minimum, the following duties:
(1) oversight of the consolidation,
development, and maintenance of plans and procedures that provide continuity of
security operations;
(2) the development and implementation
of tenant training that addresses threats and emergency procedures; and
(3) the development and implementation
of threat and emergency exercises.
(c) The director must provide a minimum
of one state trooper assigned to the Capitol complex at all times.
(d) The director, in consultation with
the advisory committee under section 299E.04, shall, at least annually, hold a
meeting or meetings to discuss, among other issues, Capitol complex security,
emergency planning, public safety, and public access to the Capitol complex. The meetings must include, at a minimum:
(1) Capitol complex tenants and state
employees;
(2) nongovernmental entities, such as
lobbyists, vendors, and the media; and
(3) the public and public advocacy
groups.
Sec. 31. Minnesota Statutes 2012, section 299E.01, subdivision 3, is amended to read:
Subd. 3. Powers
and duties transferred. All powers,
duties and responsibilities heretofore assigned by law to the commissioner of
administration relating to the general function of security in such Capitol
complex state-owned buildings are hereby transferred to the commissioner of
public safety. The commissioner of
public safety shall have
the final authority regarding
public safety and security in the Capitol complex. The commissioner of administration shall have
the powers, duties, and responsibilities relating to the Capitol complex of
state-owned buildings as provided under chapter 16B.
Sec. 32. Minnesota Statutes 2012, section 299E.02, is amended to read:
299E.02
CONTRACT SERVICES INTERAGENCY AGREEMENT; APPROPRIATION.
Fees charged for contracted The
commissioner of public safety shall execute interagency agreements with agency
tenants in the Capitol complex whereby fees for the provision of security
services are charged. Fees charged for
security services provided by the Capitol Complex Security Division of the
Department of Public Safety must be deposited in an account in the special
revenue fund and are annually appropriated to the commissioner of public safety
to administer and provide these services.
Sec. 33. Minnesota Statutes 2012, section 398A.10, is amended by adding a subdivision to read:
Subd. 4. Definition. For purposes of this section,
"project" means the initial construction of a minimum operable
segment of a new light rail transit or commuter rail line, but does not include
infill stations, project enhancements, extensions, or supportive
infrastructure, constructed after the rail transit is operational.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 34. Minnesota Statutes 2012, section 473.39, is amended by adding a subdivision to read:
Subd. 1s. Obligations. After July 1, 2013, in addition to
other authority in this section, the council may issue certificates of
indebtedness, bonds, or other obligations under this section in an amount not
exceeding $35,800,000 for capital expenditures as prescribed in the council's
transit capital improvement program and for related costs, including the costs
of issuance and sale of the obligations.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 35. [629.344]
CRIMINAL VEHICULAR OPERATION AND MANSLAUGHTER; CERTIFICATION OF PROBABLE CAUSE BY PEACE OFFICER.
If a peace officer determines that
probable cause exists to believe that a person has violated section 609.21,
subdivision 1, clause (2), (3), (4), (5), or (6), the officer shall certify
this determination and notify the commissioner of public safety.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to crimes committed on or after that date.
Sec. 36. Laws 2009, chapter 9, section 1, the effective date, is amended to read:
EFFECTIVE DATE.
This section is effective
the day following final enactment, and expires on June 30, 2013 2016.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. NOVICE
DRIVER EDUCATION IMPROVEMENT TASK FORCE.
(a) The Novice Driver Education
Improvement Task Force is established to ensure driver education programs in
Minnesota meet the Novice Teen Driver Education and Training Administrative
Standards published by the United States Department of Transportation, National
Highway Traffic Safety Administration.
(b) The task force consists of 21
members:
(1) the commissioner of public safety
or the commissioner's designee;
(2) two representatives from and
designated by the Minnesota Association of Student Councils;
(3) one representative from and
designated by Mothers Against Drunk Driving;
(4) one representative from and
designated by Minnesotans for Safe Driving;
(5) two representatives from law
enforcement organizations, such as the Minnesota Chiefs of Police Association
and the Minnesota Sheriffs' Association, appointed by the commissioner;
(6) one representative from and
designated by the American Automobile Association;
(7) one representative from and
designated by the Minnesota Safety Council;
(8) two representatives from and
designated by the Minnesota PTA;
(9) five driver educators from the
Minnesota Driver and Traffic Safety Education Association, designated by the
commissioner; and
(10) five driver educators from
commercial driving schools, designated by the commissioner.
(c) Any vacancies shall be filled by
the appointing or designating authorities.
(d) Members shall serve without
compensation.
(e) Members shall be appointed or
designated by August 1, 2013.
(f) The commissioner or the
commissioner's designee shall convene the first meeting of the task force after
all appointments have been made. At the
first meeting, the task force shall elect a chair from among its members by
majority vote. The first meeting must
take place by September 1, 2013.
(g) The duties of the task force are to
examine and compare Minnesota law and rules concerning driver education with
the Novice Teen Driver Education and Training Administrative Standards,
identify discrepancies, and determine to what extent, if any, state law should
be modified to conform with federal standards.
(h) The commissioner shall provide
support staff and administrative services for the task force.
(i) The task force shall submit a
report no later than August 31, 2015, to the chairs and ranking minority
members of the committees in the house of representatives and senate having
jurisdiction over transportation policy and finance, containing its
recommendation as to whether or to what extent Minnesota's driver education
programs
should
conform to national standards referenced in paragraph (a), and if so, providing
draft legislation necessary or desirable to achieve the recommended level of
federal conformity. The report may
present recommendations for improving Minnesota's driver education curriculum
and identify associated costs.
EFFECTIVE DATE. This section is effective the day following final
enactment and is repealed September 1, 2015, or the day after the task
force submits its report, as required in paragraph (i), whichever occurs first.
Sec. 38. TRANSITWAY
COMMUNITY ENGAGEMENT.
(a) In all phases of a transitway
project in which the Metropolitan Council is the lead transportation authority,
the council may partner and contract for services with local community-based
organizations to promote community engagement activities along the project
corridor. The community-based
organizations may include those organizations representative of low-income
people, people of color, people with disabilities, other cultural
constituencies, or small businesses.
(b) For purposes of this section,
project phases may include, but are not limited to:
(1) feasibility studies, alternatives
analysis, preplanning, environmental analysis, land acquisition, easements,
design, preliminary and final engineering, construction, and station
development;
(2) review of existing public transit
service along the corridor; and
(3) pedestrian, bicycle, or
nonmotorized improvement projects associated with the corridor.
(c) Any community engagement activities
conducted under this section shall be reported to the senate and house of
representative chairs and ranking minority members of the committees and
divisions with primary jurisdiction over transportation policy and finance.
Sec. 39. TRANSPORTATION
INFRASTRUCTURE HIRING AND RECRUITMENT.
(a) In the construction, maintenance,
replacement, and improvement of transit and transportation infrastructure, the
lead transportation authority is encouraged to:
(1) make every effort to employ, and encourage the construction manager
and other subcontractors and vendors to employ, women and members of minority
communities; (2) make every effort to contract with women-owned and
minority-owned small businesses designated as small targeted group businesses
under Minnesota Statutes, section 16C.16; and (3) may contract with a
community-based employment assistance firm to create an employment program to
recruit, hire, and retain women and minorities for the project construction
workforce. In monitoring progress on
meeting these goals, reports may track workers from zip codes that have high
rates of poverty and unemployment.
(b) The commissioner of transportation
is encouraged to increase participation in Department of Transportation highway
projects by small businesses located in economically disadvantaged areas of
Minnesota, within the meaning of Minnesota Statutes, section 16C.16,
subdivision 7.
Sec. 40. FINANCIAL
ASSISTANCE FOR NORTHSTAR COMMUTER RAIL EXPENSES; GREATER MINNESOTA.
The portion of the cost to provide
financial assistance for the Greater Minnesota Transit component of the
Northstar Commuter Rail is exempt from the requirements in Minnesota Statutes,
section 174.24, subdivision 1.
Sec. 41. REPEALER.
(a) Minnesota Statutes 2012, sections
161.04, subdivision 6; and 174.285, subdivision 8, are repealed.
(b) Minnesota Rules, parts 7503.0300,
subpart 1; and 7503.0800, subpart 2, are repealed effective July 1, 2014.
ARTICLE 4
MISCELLANEOUS
Section 1. 2013 S. F. No. 671, article 1, section 12, subdivision 3, if enacted, is amended to read:
Subd. 3. Criminal
Apprehension |
|
47,588,000 |
|
47,197,000 |
Appropriations by Fund |
||
|
||
General |
42,315,000 |
42,924,000 |
Special Revenue |
3,000,000 |
2,000,000 |
State Government Special Revenue |
7,000 |
7,000 |
Trunk Highway |
2,266,000 |
2,266,000 |
(a) DWI Lab Analysis; Trunk Highway Fund |
|
|
|
|
Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $1,941,000 each year is from the trunk highway fund for laboratory analysis related to driving-while-impaired cases.
(b) Criminal History System |
|
|
|
|
$50,000 the first year and $580,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 299A.705, subdivision 4, $3,000,000 the first year and $2,000,000 the second year from the vehicle services account in the special revenue fund are to replace the state criminal history system. This is a onetime appropriation and is available until expended. Of this amount, $2,980,000 the first year and $2,580,000 the second year are for a onetime transfer to the Office of Enterprise Technology for start-up costs. Service level agreements must document all project-related transfers under this paragraph. Ongoing operating and support costs for this system shall be identified and incorporated into future service level agreements.
The commissioner is authorized to use funds appropriated under this paragraph for the purposes specified in paragraph (c).
(c) Criminal Reporting System |
|
|
|
|
$1,360,000 the first year and $1,360,000 the second year from the general fund are to replace the state's crime reporting system. This is a onetime appropriation and is available until expended. Of these amounts, $1,360,000 the first year and $1,360,000 the second
year are for a onetime transfer to the Office of Enterprise Technology for start-up costs. Service level agreements must document all project-related transfers under this paragraph. Ongoing operating and support costs for this system shall be identified and incorporated into future service level agreements.
The commissioner is authorized to use funds appropriated under this paragraph for the purposes specified in paragraph (b).
(d) Forensic Laboratory |
|
|
|
|
$125,000 the first year and $125,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $125,000 the first year and $125,000 the second year from the trunk highway fund are to replace forensic laboratory equipment at the Bureau of Criminal Apprehension.
$200,000 the first year and $200,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $200,000 the first year and $200,000 the second year from the trunk highway fund are to improve forensic laboratory staffing at the Bureau of Criminal Apprehension.
(e) Livescan Fingerprinting |
|
|
|
|
$310,000 the first year and $389,000 the second year from the general fund are to maintain Livescan fingerprinting machines. This is a onetime appropriation.
|
|
|
|
|
The Bureau of Criminal Apprehension's
general fund base is reduced by $1,720,000 in fiscal year 2014 and $2,329,000
in fiscal year 2015 to reflect onetime appropriations.
|
|
|
|
|
If the vehicle services special revenue account accrues an unallocated balance in excess of 50 percent of the previous fiscal year's expenditures, the commissioner of public safety shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over transportation and public safety policy and finance. The report must contain specific policy and legislative recommendations for reducing the fund balance and avoiding future excessive fund balances. The report is due within three months of the fund balance exceeding the threshold established in this paragraph.
Sec. 2. EFFECTIVE
DATE.
Unless otherwise provided, section 1 takes effect at the time the provision being corrected takes effect."
Delete the title and insert:
"A bill for an act relating to government finance; appropriating money for transportation, Metropolitan Council, and public safety activities and programs; providing for fund transfers, tort claims, and contingent appropriations; modifying policy and tax provisions relating to transportation, transit, and public safety; making technical and clarifying changes; amending Minnesota Statutes 2012, sections 161.20, subdivision 3; 161.53; 163.051; 168A.01, subdivision 6a; 168A.29, subdivision 1; 169A.37, subdivision 1; 169A.51, subdivision 2; 169A.55, by adding a subdivision; 171.05, subdivision 2; 171.061, subdivision 4; 171.17, by adding a subdivision; 171.30, subdivisions 1, 2a, by adding a subdivision; 171.306, subdivisions 1, 4; 174.40, by adding a subdivision; 219.1651; 297A.815, subdivision 3; 297A.993, subdivisions 1, 2; 297B.01, subdivisions 14, 16; 297B.02, subdivision 3; 299E.01, subdivisions 2, 3; 299E.02; 398A.10, by adding a subdivision; 473.39, by adding a subdivision; Laws 2009, chapter 9, section 1; 2013 S. F. No. 671, article 1, section 12, subdivision 3, if enacted; proposing coding for new law in Minnesota Statutes, chapters 161; 171; 174; 629; repealing Minnesota Statutes 2012, sections 161.04, subdivision 6; 174.285, subdivision 8; Minnesota Rules, parts 7503.0300, subpart 1; 7503.0800, subpart 2."
We request the adoption of this report and repassage of the bill.
House
Conferees: Frank Hornstein, Ron Erhardt, Connie Bernardy and Mike Sundin.
Senate Conferees: D. Scott Dibble, Vicki Jensen, Susan Kent and Bobby Joe Champion.
Hornstein moved that the report of the
Conference Committee on H. F. No. 1444 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call was requested and properly
seconded.
The question was taken on the Hornstein
motion and the roll was called. There
were 79 yeas and 48 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.
Fabian
Falk
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kiel
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
Petersburg
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Torkelson
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
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Wills
Woodard
Zellers
Zerwas
The
motion prevailed.
H. F. No. 1444, A bill for an act relating to government finance; appropriating money for transportation, Metropolitan Council, and public safety activities and programs; providing for fund transfers, tort claims, and certain contingent appropriations; modifying various provisions related to transportation finance and policy; making technical and clarifying changes; amending Minnesota Statutes 2012, sections 161.20, subdivision 3; 161.44, by adding a subdivision; 168A.01, subdivision 6a; 171.05, subdivision 2, by adding a subdivision; 171.061, subdivision 4; 174.40, by adding a subdivision; 219.1651; 299E.01, subdivisions 2, 3; 398A.10, by adding a subdivision; Laws 2009, chapter 9, section 1; proposing coding for new law in Minnesota Statutes, chapters 161; 174; repealing Minnesota Statutes 2012, sections 161.04, subdivision 6; 174.285, subdivision 8.
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 77 yeas and 53 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
Gunther
Halverson
Hamilton
Hansen
Hausman
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
Petersburg
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was repassed, as amended by
Conference, and its title agreed to.
CALENDAR FOR THE DAY, Continued
TAKEN FROM
THE TABLE
Murphy,
E., moved that S. F. No. 778 be taken from the table.
A roll call was requested and properly
seconded.
The question was taken on the Murphy, E.,
motion and the roll was called. There
were 69 yeas and 59 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
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Fabian
Faust
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Leidiger
Liebling
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The motion prevailed and S. F. No. 778 was
taken from the table.
S. F. No. 778 was reported
to the House.
Mack moved to amend S. F. No. 778, the fifth engrossment, as follows:
Page 3, after line 36, insert:
"Subd. 11. Recission of union membership. A family child care provider may rescind membership in an employee organization certified under this section at any time."
Page 6, after line 32, insert:
"Subd. 11. Recission of union membership. An individual provider may rescind membership in an employee organization certified under this section at any time"
Renumber the subdivisions in sequence
Amend the title accordingly
A roll call was requested and properly
seconded.
The Speaker called Hortman to the Chair.
The question was taken on the Mack
amendment and the roll was called. There
were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
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
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
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
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Hilstrom was excused between the hours of 5:15 p.m. and 7:15
p.m.
Mack moved to amend S. F. No. 778, the fifth engrossment, as follows:
Page 2, line 6, before "For" insert "(a)"
Page 2, after line 16, insert:
"(b) No family child care provider may be compelled to join or participate in the activities of a labor organization and shall not be compelled to abide by any negotiated agreements or arbitration decisions. A family child care provider who chooses not to join or participate in the activities of a labor organization and who chooses not to abide by any negotiated agreements or arbitration decisions must not be required to pay fair share or other mandatory fees."
Page 3, line 32, delete "or"
Page 3, after line 32, insert:
"(3) the right of a family child
care provider to rescind membership in a labor organization at any time;
(4) family child care provider rights to form associations of member-managed organizations to advocate on issues and concerns; or"
Page 3, line 33, delete "(3)" and insert "(5)"
Page 6, line 32, after the period, insert "No individual provider may be compelled to join or participate in the activities of a labor organization and shall not be compelled to abide by any negotiated agreements or arbitration decisions. An individual provider who chooses not to join or participate in the activities of a labor organization and who chooses not to abide by any negotiated agreements or arbitration decisions must not be required to pay fair share or other mandatory fees. Nothing in this section shall be construed to interfere with the right of an individual provider to rescind membership in a labor organization at any time or to interfere with the rights or obligations of individual providers to form associations or member-managed organizations to advocate on issues and concerns."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Mack
amendment and the roll was called. There
were 60 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative 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
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
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
LAY ON THE
TABLE
Murphy, E., moved that S. F. No. 778
be laid on the table.