STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2016
_____________________
ONE
HUNDRED FIFTH DAY
Saint Paul, Minnesota, Saturday, May 21, 2016
The House of Representatives convened at
11:00 a.m. and was called to order by Tim Sanders, Speaker pro tempore.
Prayer was offered by the Reverend Kevin
Schill, Grace United Methodist Church, Burnsville, 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
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Mariani and Melin were excused.
Allen was excused until 7:20 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS
AND COMMUNICATIONS
The following communications were received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 19, 2016
The Honorable Kurt Daudt
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Daudt:
Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 3175, relating to public safety; requiring criminal history background checks for driving instructor license applicants.
H. F. No. 3014, relating to motor vehicles; establishing regulations for autocycles.
H. F. No. 1066, relating to telecommunications; providing for competitive market regulation for certain local exchange carriers; providing for informal review and resolution of disputes; prohibiting certain call routing practices; providing for registration of wholesale transport providers.
H. F. No. 3423, relating to public safety; providing for an advisory group on statewide criminal and juvenile justice information policy and funding issues.
H. F. No. 2445, relating to health; modifying licensure requirement for osteopathic physicians; making technical changes to the composition of the Board of Medical Practice.
H. F. No. 2803, relating to civil commitment; prohibiting participation in clinical drug trials by persons subject to emergency admission or apprehend and hold orders; specifying notice requirements for early termination of an emergency admission.
H. F. No. 3482, relating to criminal justice; extending the statute of limitations for certain identity theft crimes.
H. F. No. 1036, relating to health care; modifying provisions related to physician assistants, midwives, and nurses; modifying provisions related to license suspension and contested case hearings.
H. F. No. 1333, relating to civil law; allowing for modification of spousal maintenance based on the cohabitation of the obligee.
Sincerely,
Mark
Dayton
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 2016 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2016 |
Date Filed 2016 |
3175 113 10:49 a.m. May 19 May 19
3014 114 10:50 a.m. May 19 May 19
1066 115 10:51 a.m. May 19 May 19
3423 116 10:52 a.m. May 19 May 19
2315 117 10:53 a.m. May 19 May 19
3262 118 10:53 a.m. May 19 May 19
2445 119 10:54 a.m. May 19 May 19
2803 120 10:55 a.m. May 19 May 19
3482 121 10:55 a.m. May 19 May 19
2548 122 10:55 a.m. May 19 May 19
3317 123 10:57 a.m. May 19 May 19
1425 124 10:57 a.m. May 19 May 19
1036 125 10:58 a.m. May 19 May 19
2713 126 10:59 a.m. May 19 May 19
2802 127 11:00 a.m. May 19 May 19
2733 128 11:00 a.m. May 19 May 19
2709 129 11:01 a.m. May 19 May 19
1372 130 11:02 a.m. May 19 May 19
1075 131 11:02 a.m. May 19 May 19
1333 132 11:04 a.m. May 19 May 19
1898 133 11:04 a.m. May 19 May 19
3175 134 11:05 a.m. May 19 May 19
Sincerely,
Steve
Simon
Secretary of State
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Franson and Gunther introduced:
H. F. No. 4022, A bill for an act relating to natural resources; permitting persons 11 years old to receive firearms safety certificates valid for hunting; amending Minnesota Statutes 2014, section 97B.015, subdivision 5.
The bill was read for the first time and referred to the Committee on Mining and Outdoor Recreation Policy.
Dettmer introduced:
H. F. No. 4023, A bill for an act relating to veterans; designating July 16 as Atomic Veterans Day; proposing coding for new law in Minnesota Statutes, chapter 10.
The bill was read for the first time and referred to the Veterans Affairs Division.
Schultz, Metsa, Freiberg, Considine and Loeffler introduced:
H. F. No. 4024, A bill for an act relating to health; appropriating money to the commissioner of health for vector-borne disease preparedness and response activities.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Loeffler introduced:
H. F. No. 4025, A bill for an act relating to human services; authorizing the commissioner of human services to develop a plan to increase the minimum hourly pay for direct service staff; requiring a report.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Barrett, Norton, O'Neill, Gruenhagen, Baker, Fischer and Dettmer introduced:
H. F. No. 4026, A bill for an act relating to health; requiring continuing education training on prescribing opioid pain medication; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Peppin moved that the House recess subject to the call of the Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro tempore Sanders.
Kelly was excused between the hours of 7:10 p.m. and 11:05 p.m.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3548, A bill for an act relating to transportation; amending certain regulations and penalties governing special transportation service providers; setting requirements for nonemergency medical transportation providers related to background studies; amending Minnesota Statutes 2014, section 174.30, subdivisions 1, 4a, 8, by adding a subdivision; Minnesota Statutes 2015 Supplement, sections 174.30, subdivisions 4, 10; 256B.0625, subdivision 17.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2841, A bill for an act relating to solid waste; providing for management of metropolitan landfill contingency action trust account; amending Minnesota Statutes 2014, section 473.845, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
McNamara moved that the House concur in the Senate amendments to H. F. No. 2841 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2841, A bill for an act relating to solid waste; modifying electronic waste management provisions; providing for management of metropolitan landfill contingency action trust account; amending Minnesota Statutes 2014, sections 115A.1310, subdivisions 6, 7, 20, by adding subdivisions; 115A.1312, subdivisions 2, 3, 4;
115A.1316; 115A.1318, subdivisions 1, 2, by adding a subdivision; 115A.1320; 115A.1323; 473.845, subdivision 1; Minnesota Statutes 2015 Supplement, section 115A.1314, subdivision 1; repealing Minnesota Statutes 2014, section 115A.1310, subdivision 16.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 3308, A bill for an act relating to civil law; requiring the court to provide information on alternative dispute resolution to parties in family law cases; amending Minnesota Statutes 2014, section 518.168.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Pugh moved that the House concur in the Senate amendments to H. F. No. 3308 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 3308, A bill for an act relating to civil law; requiring the court to provide information on alternative dispute resolution to parties in family law cases; amending Minnesota Statutes 2014, section 518.168.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 1111.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 1111
A bill for an act relating to transportation; requiring drivers to stop vehicles at the direction of a school bus flagger; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, sections 169.444, subdivisions 2, 7, by adding subdivisions; 169.686, subdivision 1.
May 19, 2016
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1111 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 1111 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 169.06, is amended by adding a subdivision to read:
Subd. 4b. Obedience
to school bus flagger. (a) A
person may stop and hold vehicles in place at a location on a street or highway
having a speed limit of 35 miles per hour or less until it is safe for the
vehicles to proceed, if the person:
(1) is designated by the school
district's transportation safety director to act as a school bus flagger;
(2) controls traffic in order to enable
one or more school buses to safely leave school property and enter the adjacent
street or highway, or to safely enter school property from the adjacent street
or highway; and
(3) meets the safety and equipment
standards for an adult crossing guard provided in the manual and specifications
adopted under subdivision 1.
(b) A person operating a motor vehicle
that has been stopped by a school bus flagger may proceed after stopping only
on instruction by the school bus flagger or a police officer.
(c) The authority under paragraph (a)
does not apply in a school zone established under section 169.14, subdivision 5a, in which the speed limit of that
street or highway outside the school zone is greater than 35 miles per hour.
EFFECTIVE
DATE. This section is
effective the day following final enactment, and applies to violations
committed on or after that date.
Sec. 2. Minnesota Statutes 2014, section 169.686, subdivision 1, is amended to read:
Subdivision 1. Seat belt requirement. (a) Except as provided in section 169.685, a properly adjusted and fastened seat belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be worn by the driver and passengers of a passenger vehicle, commercial motor vehicle, type III vehicle, and type III Head Start vehicle.
(b) A person who is 15 years of age or older and who violates paragraph (a) is subject to a fine of $25. The driver of the vehicle in which a violation occurs is subject to a $25 fine for each violation of paragraph (a) by the driver or by a passenger under the age of 15, but the court may not impose more than one surcharge under section 357.021, subdivision 6, on the driver. The Department of Public Safety shall not record a violation of this subdivision on a person's driving record.
(c)
The driver of a bus is not subject to the fine under paragraph (b) for a
violation of paragraph (a) by a passenger under the age of 15. This paragraph does not apply to (1) a school
bus, including a type III vehicle; and (2) a Head Start bus, including a type
III Head Start vehicle.
EFFECTIVE DATE. This section is effective the day following final enactment, and applies to violations committed on or after that date."
Delete the title and insert:
"A bill for an act relating to transportation; requiring drivers to stop vehicles at the direction of a school bus flagger; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, sections 169.06, by adding a subdivision; 169.686, subdivision 1."
We request the adoption of this report and repassage of the bill.
Senate Conferees: Lyle Koenen, Tom Saxhaug and Gary H. Dahms.
House Conferees: Chris Swedzinski, Mark Uglem and John Persell.
Swedzinski moved that the report of the Conference Committee on S. F. No. 1111 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 1111, A bill for an act relating to transportation; requiring drivers to stop vehicles at the direction of a school bus flagger; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, sections 169.444, subdivisions 2, 7, by adding subdivisions; 169.686, subdivision 1.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 3368.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 3368
A bill for an act relating to transportation; modifying permit requirements for temporary use of certain rights‑of‑way; amending Minnesota Statutes 2014, section 160.27, by adding subdivisions; Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10.
May 20, 2016
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 3368 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 3368 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10, is amended to read:
Subd. 10. Department
of Transportation temporary permit for field application. (a) In connection with the use of the
road right-of-way of a road authority controlled by the commissioner,
excluding on controlled-access highways under section 160.08, a property owner
or occupant of property abutting the road right-of-way may apply for a
permit for temporary placement, for up to 14 days, of a pressurized flexible
force main for the to transport of manure for field
application.
(b) The property owner or occupant must:
(1) identify the entire length of the right-of-way for use under the permit;
(2) place the force main within the
backslope of the road authority's right-of-way where possible;
(3) place pumping equipment outside the road
authority's right-of-way; and
(4) meet all of the permit requirements
identified by the road authority commissioner.
(c) Once the road authority commissioner
has issued a permit, the property owner or occupant may install place
the force main over the length of the right-of-way from the permittee's
property to where the manure will be applied, irrespective of whether the
permittee is the owner or occupant of all property abutting the portion of the
right-of-way where the force main is to be installed placed.
(d) The commissioner may restrict the
number of force mains simultaneously located in the same right-of-way.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision to read:
Subd. 11. Local
road authority temporary permit for certain field application. (a) A local road authority may, by
ordinance, establish a permitting process to authorize the placement of
pressurized flexible force main within right-of-way under the jurisdiction of
the local road authority to transport manure for field application. A town board must be authorized to adopt the
ordinance at an annual town meeting. A
local road authority must not impose a fee or other charge for the permit. A permit issued under the ordinance is valid
for one year or longer as specified by the local road authority.
(b) A local road authority that has
adopted an ordinance providing for a permitting process must issue a permit to
any property owner or occupant who applies for a permit if:
(1) the applicant submits a complete
application at least five days prior to the day the applicant intends to place
the force main within the identified right-of-way or a shorter time if approved
by the road authority; and
(2) the requirements under subdivision
13 are met.
Sec. 3. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision to read:
Subd. 12. General
authority for certain field application.
When the local road authority has not adopted an ordinance
establishing a permitting process under subdivision 11, an owner or occupant
may place a pressurized flexible force main within right-of-way under the
jurisdiction of the local road authority to transport manure for field
application if:
(1) the local road authority has not
notified the owner or occupant of scheduled road authority maintenance
activities that would be unduly interfered with if the placement occurred
during the maintenance activity; and
(2) the requirements under subdivision
13 are met.
Sec. 4. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision to read:
Subd. 13. General
regulations regarding certain field application. The following requirements apply when
a force main is placed in a road right-of-way under subdivision 11 or 12:
(1) the owner or occupant must provide,
at least one business day prior to placement of the force main, written or
electronic notice to the local road authority of the intent to place a force
main within an identified right-of-way;
(2)
unless specifically authorized, the force main must not be left in a
right-of-way for more than 21 consecutive days;
(3) the owner or occupant must identify
and notify the local road authority of the intended starting and end points,
and the path of the intended placement;
(4) the owner or occupant must provide
to the local road authority the intended starting and ending dates the force
main will be placed in the right-of-way;
(5) unless otherwise instructed by the
applicable local road authority, the owner or occupant must place the force
main in the backslope of the right-of-way to the extent possible;
(6) unless specifically instructed
otherwise, the owner or occupant must place all pumping equipment outside of
the right-of-way;
(7) the identified right-of-way must
not be a controlled-access highway under section 160.08;
(8) the owner or occupant must provide
the local road authority (i) the owner or occupant's full name, address, and
phone number where the owner or occupant can be reached during the time the
force main is placed within the right-of-way, and (ii) any other contact
information where the owner or occupant can be reached after the force main has
been removed from the right-of-way;
(9) field application must be performed
by the holder of a valid commercial animal waste technician applicator license
under section 18C.430, including proof of financial responsibility;
(10) the force main placement must not
unreasonably interfere with: (i) another
landowner or occupant's access to the owner or occupant's property; (ii) the
safe use of the right-of-way in which the force main is placed; (iii) the safe
use of any driveway or private road that the force main crosses; or (iv)
maintenance activities authorized by the local road authority;
(11) no prior notice under clause (1)
or permit under subdivision 11 is required if the placement of the force main
is necessary to prevent overflow of a manure lagoon or manure storage pond or
to deal with emergency pumping activities created by flooding, natural
disaster, or declared emergency. The
owner or occupant must make a good faith effort to notify the local road
authority of emergency placement and operation of a force main under this
clause, and must remove the force main within three days following the end of
the impending overflow, flood, natural disaster response, or declared
emergency;
(12) the local road authority may
remove or have removed, at the owner or occupant's expense, any force main
remaining in a right-of-way beyond the number of days authorized under this
section;
(13) the owner or occupant is
responsible for restoring the right-of-way to the preplacement condition,
including the immediate cleanup of any spillage or leakage of manure into the
right-of-way; and
(14)
a local road authority may, by ordinance, restrict the number of force mains
simultaneously located in the same right-of-way.
Sec. 5. Minnesota Statutes 2014, section 160.27, is amended by adding a subdivision to read:
Subd. 14. Damage
or spills; liability and immunity. (a)
A commercial animal waste technician company licensed under section 18C.430
using a pressurized flexible force main for the transport of manure for field
application under this section is liable for the costs of cleanup and repair
for any spill or damage caused by a commercial animal waste technician
applicator during the placement, use, or removal of the force main.
(b) Neither the commissioner nor any
city, county, or town road authority is subject to any cause of action arising
from the placement or operation of a pressurized flexible force main under this
section.
APPLICATION. This section applies to causes of
action arising after the effective date of this section.
Sec. 6. EFFECTIVE
DATE.
This act is effective the day following final enactment."
Correct the title numbers accordingly
We request the adoption of this report and repassage of the bill.
Senate Conferees: Lyle Koenen, Vicki Jensen and Gary H. Dahms.
House Conferees: Steve Drazkowski, Dan Fabian and Jerry Hertaus.
Drazkowski moved that the report of the Conference Committee on S. F. No. 3368 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 Drazkowski motion and the roll was called. There were 82 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, M.
Anderson, P.
Atkins
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Johnson, C.
Kiel
Knoblach
Koznick
Kresha
Lien
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
McDonald
McNamara
Miller
Murphy, M.
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Simonson
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, S.
Kahn
Laine
Lesch
Liebling
Loeffler
Marquart
Masin
Metsa
Moran
Mullery
Murphy, E.
Nelson
Newton
Norton
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
The motion prevailed.
Anderson, S., was excused between the hours of 7:30 p.m. and 11:05 p.m.
S. F. No. 3368, A bill for an act relating to transportation; modifying permit requirements for temporary use of certain rights‑of‑way; amending Minnesota Statutes 2014, section 160.27, by adding subdivisions; Minnesota Statutes 2015 Supplement, section 160.27, subdivision 10.
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 100 yeas and 30 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Carlson
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Johnson, B.
Johnson, C.
Kiel
Knoblach
Koznick
Kresha
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
McDonald
McNamara
Miller
Moran
Murphy, M.
Nash
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Scott
Selcer
Simonson
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Anzelc
Bernardy
Bly
Clark
Considine
Davnie
Dehn, R.
Ecklund
Flanagan
Freiberg
Hansen
Hausman
Hornstein
Isaacson
Johnson, S.
Kahn
Laine
Masin
Metsa
Mullery
Murphy, E.
Nelson
Newton
Pinto
Schultz
Slocum
Sundin
Wagenius
Yarusso
Youakim
The bill was repassed, as amended by Conference, and its title agreed to.
The following Conference Committee Reports were received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 2553
A bill for an act relating to orders for protection; eliminating respondent filing fee requirements; amending Minnesota Statutes 2014, section 518B.01, subdivision 3a.
May 20, 2016
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 2553 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment.
We request the adoption of this report and repassage of the bill.
House Conferees: Marion O’Neill, Kathy Lohmer and Debra Hilstrom.
Senate Conferees: Ron Latz, Bev Scalze and Scott J. Newman.
O'Neill moved that the report of the Conference Committee on H. F. No. 2553 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2553, A bill for an act relating to orders for protection; eliminating respondent filing fee requirements; amending Minnesota Statutes 2014, section 518B.01, subdivision 3a.
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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by Conference, and its title agreed to.
CONFERENCE COMMITTEE REPORT ON H. F. No. 3469
A bill for an act relating to crime; modifying crime and increasing sentence of interfering with a body or scene of death; appropriating money; amending Minnesota Statutes 2014, section 609.502, subdivision 1, by adding subdivisions.
May 20, 2016
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 3469 report that we have agreed upon the items in dispute and recommend as follows:
That the House concur in the Senate amendment and that H. F. No. 3469 be further amended as follows:
Page 1, delete section 1 and insert:
"Section 1. Minnesota Statutes 2014, section 609.502, subdivision 1, is amended to read:
Subdivision 1. Concealing
evidence. Whoever A person
is guilty of a crime and may be sentenced under subdivision 1a if the person
interferes with the body or scene of death with intent to:
(1) conceal the body;
(2) conceal evidence; or
(3) otherwise mislead the coroner
or conceal evidence is guilty of a gross misdemeanor medical examiner.
EFFECTIVE DATE. This section is effective August 1, 2016, and applies to crimes committed on or after that date."
Page 2, after line 2, insert:
"Sec. 3. TITLE.
This act shall be known as "Laura's Law.""
We request the adoption of this report and repassage of the bill.
House Conferees: Paul Anderson, Jeff Backer and Debra Hilstrom.
Senate Conferees: Bill Ingebrigtsen, Torrey N. Westrom and Ron Latz.
Anderson, P., moved that the report of the Conference Committee on H. F. No. 3469 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3469, A bill for an act relating to crime; modifying crime and increasing sentence of interfering with a body or scene of death; appropriating money; amending Minnesota Statutes 2014, section 609.502, subdivision 1, by adding subdivisions.
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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by Conference, and its title agreed to.
CALENDAR
FOR THE DAY
S. F. No. 3208 was reported to the House.
Franson moved to amend S. F. No. 3208, the second engrossment, as follows:
Page 2, line 16, delete the second "and"
Page 2, line18, delete the period and insert "; and"
Page 2, after line 18, insert:
"(11) consider options for conducting exit interviews with providers who leave the child care field or choose not to be relicensed."
The motion prevailed and the amendment was adopted.
S. F. No. 3208, A bill for an act relating to human services; creating a legislative task force on child care; requiring a report to the legislature and the governor.
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 126 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Drazkowski
Peppin
Smith
Thissen
The bill was passed, as amended, and its title agreed to.
S. F. No. 3376, A bill for an act relating to environment; providing for sulfate effluent permit compliance.
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 116 yeas and 12 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Runbeck
Sanders
Schoen
Schomacker
Scott
Selcer
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anderson, C.
Clark
Davnie
Erhardt
Hausman
Hornstein
Kahn
Loon
Peterson
Rosenthal
Wagenius
The bill was passed and its title agreed to.
Pursuant to rule 1.50, Fabian moved that the House be allowed to continue in session after 12:00 midnight. The motion prevailed.
Fabian moved that the House recess subject to the call of the Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro tempore Sanders.
Atkins was excused for the remainder of today’s session.
CALENDAR FOR THE DAY, Continued
S. F. No. 2759 was reported to the House.
Hackbarth moved to amend S. F. No. 2759, the second engrossment, as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2014, section 84.798, subdivision 2, is amended to read:
Subd. 2. Exemptions. Registration is not required for an off-road vehicle that is:
(1) owned and used by the United States,
an Indian tribal government, the state, another state, or a political
subdivision; or
(2) registered in another state or country
and has not been in this state for more than 30 consecutive days; or
(3) operated with a valid state trail pass according to section 84.8035.
EFFECTIVE
DATE. This section is
effective January 1, 2017, or when the electronic licensing system has been
upgraded, whichever is sooner.
Sec. 2. Minnesota Statutes 2014, section 84.8035, is amended to read:
84.8035
NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
Subdivision 1. Pass
required; fee. (a) Except as
provided under paragraph (c), a nonresident person may not
operate an off-road vehicle on a state or grant-in-aid off-road vehicle trail or
use area unless the vehicle displays a nonresident an
off-road vehicle state trail pass sticker issued according to this section. The pass must be viewable by a peace officer,
a conservation officer, or an employee designated under section 84.0835.
(b) The fee for an annual pass is $20. The pass is valid from January 1 through
December 31. The fee for a three-year
pass is $30. The commissioner of
natural resources shall issue a pass upon application and payment of the fee. Fees collected under this section, except for
the issuing fee for licensing agents, shall be deposited in the state treasury
and credited to the off-road 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 off-road vehicle organizations to construct and maintain off-road vehicle trails and use areas.
(c) A nonresident An off-road
vehicle state trail pass is not required for:
(1) an off-road vehicle that is owned and used by the United States, another state, or a political subdivision thereof that is exempt from registration under section 84.798, subdivision 2;
(2) a person operating an off-road 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 person
operating an off-road vehicle that is registered according to section 84.798.
(d) The fee for an annual nonresident
off-road vehicle state trail pass is $20.
The nonresident pass is valid from January 1 through December 31. The fee for a nonresident three-year pass is
$30.
(e) The fee for a resident off-road
vehicle state trail pass is $20. The
resident pass is valid for 30 consecutive days after the date of issuance.
Subd. 2. License
agents. The commissioner may appoint
agents to issue and sell nonresident off-road vehicle state trail passes. The commissioner may revoke the appointment
of an agent at any time. The
commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe
all rules adopted by the commissioner for accounting and handling of passes
pursuant to section 97A.485, subdivision 11.
An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
Subd. 3. Issuance
of passes. The commissioner and
agents shall issue and sell nonresident off-road vehicle state trail
passes. The commissioner shall also make
the passes available through the electronic licensing system established under
section 84.027, subdivision 15.
Subd. 4. Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for passes issued by the commissioner shall be deposited in the off-road vehicle account in the natural resources fund and retained for the operation of the electronic licensing system.
Subd. 5. Duplicate
passes. The commissioner and agents
shall issue a duplicate pass to persons whose pass is lost or destroyed using
the process established under section 97A.405, subdivision 3, and rules adopted
thereunder. The fee for a duplicate nonresident
off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
EFFECTIVE
DATE. This section is
effective January 1, 2017, or when the electronic licensing system has been
upgraded, whichever is sooner.
Sec. 3. Minnesota Statutes 2014, section 97A.045, subdivision 7, is amended to read:
Subd. 7. Duty
to encourage stamp design and purchases.
(a) The commissioner shall encourage the purchase of:
(1) Minnesota migratory waterfowl stamps by nonhunters interested in migratory waterfowl preservation and habitat development;
(2) pheasant stamps by persons interested in pheasant habitat improvement;
(3)
trout and salmon stamps by persons interested in trout and salmon stream and
lake improvement; and
(4) turkey stamps by persons interested in
stamp collecting; and
(5) (4) walleye stamps by
persons interested in walleye stocking and stamp collecting.
(b) The commissioner shall make rules governing contests for selecting a design for each stamp, including those stamps not required to be in possession while taking game or fish. The commissioner shall ensure that stamp design and characteristics are consistent with the design and characteristics that are sought by pictorial stamp collectors.
Sec. 4. Minnesota Statutes 2014, section 97A.055, subdivision 4, is amended to read:
Subd. 4. Game and fish annual reports. (a) By December 15 each year, the commissioner shall submit to the legislative committees having jurisdiction over appropriations and the environment and natural resources reports on each of the following:
(1) the amount of revenue from the following and purposes for which expenditures were made:
(i) the small game license surcharge under section 97A.475, subdivision 4;
(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 5, clause (1);
(iii) the trout and salmon stamp under section 97A.475, subdivision 10;
(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2);
(v) the wild turkey management account
under section 97A.075, subdivision 5;
(vi) (v) the deer license donations and
surcharges under section 97A.475, subdivisions 3, paragraph (b), and 3a; and
(vii) (vi) the walleye stamp
under section 97A.475, subdivision 10a;
(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and (c), and the purposes for which these amounts were spent;
(3) money credited to the game and fish fund under this section and purposes for which expenditures were made from the fund;
(4) outcome goals for the expenditures from the game and fish fund; and
(5) summary and comments of citizen oversight committee reviews under subdivision 4b.
(b) The report must include the commissioner's recommendations, if any, for changes in the laws relating to the stamps and surcharge referenced in paragraph (a)."
Page 2, after line 12, insert:
"Sec. 9. Minnesota Statutes 2014, section 97A.405, subdivision 2, is amended to read:
Subd. 2. Personal possession. (a) A person acting under a license or traveling from an area where a licensed activity was performed must have in personal possession either: (1) the proper license, if the license has been issued to and received by the person; or (2) the proper license identification number or stamp validation, if the license has been sold to the person by electronic means but the actual license has not been issued and received.
(b) If possession of a license or a license identification number is required, a person must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper license if the license has been issued to and received by the person; or (2) the proper license identification number or stamp validation and a valid state driver's license, state identification card, or other form of identification provided by the commissioner, if the license has been sold to the person by electronic means but the actual license has not been issued and received. A person charged with violating the license possession requirement shall not be convicted if the person produces in court or the office of the arresting officer, the actual license previously issued to that person, which was valid at the time of arrest, or satisfactory proof that at the time of the arrest the person was validly licensed. Upon request of a conservation officer or peace officer, a licensee shall write the licensee's name in the presence of the officer to determine the identity of the licensee.
(c) If the actual license has been issued and received, a receipt for license fees, a copy of a license, or evidence showing the issuance of a license, including the license identification number or stamp validation, does not entitle a licensee to exercise the rights or privileges conferred by a license.
(d) A license issued electronically and not
immediately provided to the licensee shall be mailed to the licensee within 30
days of purchase of the license. A
pictorial migratory waterfowl, pheasant, trout and salmon, or walleye stamp
shall be provided to the licensee after purchase of a stamp validation only if
the licensee pays an additional fee that covers the costs of producing and
mailing a pictorial stamp. A
pictorial turkey stamp may be purchased for a fee that covers the costs of
producing and mailing the pictorial stamp.
Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish fees for providing the pictorial
stamps. The fees must be set in an
amount that does not recover significantly more or less than the cost of
producing and mailing the stamps. The
fees are not subject to the rulemaking provisions of chapter 14, and section
14.386 does not apply."
Page 3, after line 21, insert:
"Sec. 12. Minnesota Statutes 2014, section 97A.473, subdivision 3, is amended to read:
Subd. 3. Lifetime
small game hunting license; fee. (a)
A resident lifetime small game hunting license authorizes a person to hunt and
trap small game, other than wolves, in the state. The license authorizes those hunting and
trapping activities authorized by the annual resident small game hunting
license and the trapping license for fur-bearing animals other than wolves. The license does not include a turkey
stamp validation or any other hunting stamps required by law.
(b) The fees for a resident lifetime small game hunting license are:
(1) age 3 and under, $223;
(2) age 4 to age 15, $301;
(3) age 16 to age 50, $430; and
(4) age 51 and over, $274.
Sec. 13. Minnesota Statutes 2014, section 97A.473, subdivision 5, is amended to read:
Subd. 5. Lifetime
sporting license; fee. (a) A
resident lifetime sporting license authorizes a person to take fish by angling
and hunt and trap small game, other than wolves, in the state. The license authorizes those activities
authorized by the annual resident angling and resident small game hunting
licenses and the resident trapping license for fur-bearing animals other than
wolves. The license does not include a
trout and salmon stamp validation, a turkey stamp validation, a walleye
stamp validation, or any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, $485;
(2) age 4 to age 15, $659;
(3) age 16 to age 50, $861; and
(4) age 51 and over, $560.
Sec. 14. Minnesota Statutes 2014, section 97A.473, subdivision 5a, is amended to read:
Subd. 5a. Lifetime
sporting with spearing option license; fee.
(a) A resident lifetime sporting with spearing option license
authorizes a person to take fish by angling or spearing and hunt and trap small
game, other than wolves, in the state. The
license authorizes those activities authorized by the annual resident angling,
spearing, and resident small game hunting licenses and the resident trapping
license for fur-bearing animals other than wolves. The license does not include a trout and
salmon stamp validation, a turkey stamp validation, a walleye stamp
validation, or any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting with spearing option license are:
(1) age 3 and under, $562;
(2) age 4 to age 15, $765;
(3) age 16 to age 50, $961; and
(4) age 51 and over, $612.
Sec. 15. Minnesota Statutes 2014, section 97A.474, subdivision 3, is amended to read:
Subd. 3. Nonresident
lifetime small game hunting license; fee.
(a) A nonresident lifetime small game hunting license authorizes a
person to hunt small game in the state. The
license authorizes those hunting activities authorized by the annual
nonresident small game hunting license. The
license does not include a turkey stamp validation or any other
hunting stamps required by law.
(b) The fees for a nonresident lifetime small game hunting license are:
(1) age 3 and under, $947;
(2) age 4 to age 15, $1,280;
(3) age 16 to age 50, $1,633; and
(4) age 51 and over, $1,083.
Sec. 16. Minnesota Statutes 2014, 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 $21;
(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) for persons age 18 or over 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 10, 11, or 12 to take bear, no fee;
(17) for persons age 13 or over and under age 18 to take bear, $5;
(18) 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;
(19) for persons age 16 or over and under age 18 to take small game, $5;
(20) to take wolf, $30;
(21) for persons age 12 and under to take turkey, no fee;
(22) for persons age 10, 11, or 12 to take deer by firearm, no fee;
(23) for persons age 10, 11, or 12 to take deer by archery, no fee; and
(24) for persons age 10, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee.
Sec. 17. Minnesota Statutes 2014, 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) for persons age 18 or over to take bear, $225;
(6) for persons age 18 or over to take
turkey, $91 $86;
(7) for persons age 13 or over and under age 18 to take turkey, $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, $5;
(11) for persons age 13 or over and under age 18 to take deer by archery, $5;
(12) for persons age 13 or over and under age 18 to take deer during the muzzleloader season, $5;
(13) for persons age 13 or over and under 18 to take bear, $5;
(14) 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;
(15) for persons age 16 or 17 to take small game, $5;
(16) to take wolf, $250;
(17) for persons age 12 and under to take turkey, no fee;
(18) for persons age ten, 11, or 12 to take deer by firearm, no fee;
(19) for persons age ten, 11, or 12 to take deer by archery, no fee;
(20) for persons age ten, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no fee; and
(21) for persons age 10, 11, or 12 to take bear, 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.
Sec. 18. [97B.032]
RULES LIMITING USE OF LEAD SHOT PROHIBITED.
The commissioner of natural resources
shall not adopt rules further restricting the use of lead shot.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to rules adopted on or
after that date.
Sec. 19. Minnesota Statutes 2015 Supplement, section 97B.063, is amended to read:
97B.063
DEER HUNTER SATISFACTION SURVEY.
The commissioner shall annually administer
the collection of deer hunter information related to participation and
satisfaction. This may include
information on preferences, values, interests, participation rates and
patterns, barriers to participation, or other factors. The data shall be collected using established
social science methods. The commissioner
shall annually submit a summary of the information gathered under this section
to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over environment and natural
resources no later than January 1 for the preceding fiscal year. The commissioner shall also make the summary
information available on the department's Web site. The commissioner must use existing
resources from the game and fish fund to satisfy the requirements of this
section.
Sec. 20. Minnesota Statutes 2014, section 97B.071, is amended to read:
97B.071
BLAZE ORANGE CLOTHING REQUIREMENTS; BLAZE ORANGE OR BLAZE PINK.
(a) Except as provided in rules adopted under paragraph (c), a person may not hunt or trap during the open season where deer may be taken by firearms under applicable laws and ordinances, unless the visible portion of the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange or blaze pink. Blaze orange or blaze pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each foot square. This section does not apply to migratory waterfowl hunters on waters of this state or in a stationary shooting location or to trappers on waters of this state.
(b) Except as provided in rules adopted under paragraph (c), and in addition to the requirement in paragraph (a), a person may not take small game other than turkey, migratory birds, raccoons, and predators, except while trapping, unless a visible portion of at least one article of the person's clothing above the waist is blaze orange or blaze pink. This paragraph does not apply to a person when in a stationary location while hunting deer by archery or when hunting small game by falconry.
(c) The commissioner may, by rule, prescribe an alternative color in cases where paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public Law 103-141.
(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only by a safety warning.
Sec. 21. Minnesota Statutes 2014, section 97B.731, subdivision 3, is amended to read:
Subd. 3. Crow
season. The commissioner shall
prescribe a 124-day open season and restrictions seasons for
taking crows are from March 17 through March 31 and from July 15 through
October 31. The open season may
not be shorter than the maximum season allowed under federal law. The remainder of the year crows may be taken
as allowed by federal law.
Sec. 22. [97C.008]
MUSKELLUNGE IN CERTAIN WATERS PROHIBITED.
The commissioner of natural resources
shall not introduce muskellunge or stock muskellunge in the following waters:
(1) Big Marine Lake in Washington
County;
(2) Fairmont Chain of Lakes in Martin
County;
(3) Gull Chain of Lakes in Cass and
Crow Wing Counties;
(4) Franklin Lake in Otter Tail County;
(5) Lizzie Lake in Otter Tail County;
and
(6) Loon Lake in Otter Tail County.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Minnesota Statutes 2014, section 97C.401, subdivision 2, is amended to read:
Subd. 2. Walleye;
northern pike. (a) Except as
provided in paragraph (b), a person may have no more than one walleye larger
than 20 inches and one northern pike larger than 30 inches in
possession.
(b) The restrictions in Paragraph (a)
do does not apply to boundary waters.
Sec. 24. RULEMAKING;
NORTHERN PIKE.
(a) The commissioner of natural
resources shall amend Minnesota Rules, part 6262.0200, subpart 1, item G, to
establish the daily and possession limits for northern pike in management zones
according to paragraphs (b) to (e).
(b) The northeastern management zone
includes all inland waters lying east and north of U.S. Highway 53 from
International Falls to Duluth. In the
northeastern management zone, the daily and possession limit for northern pike
is two. When taking northern pike by
angling in the northeastern management zone, only one over 40 inches in length
may be in possession, and all northern pike from 30 to 40 inches in length must
be immediately returned to the water. When
taking northern pike by dark house spearing, only one over 26 inches in length
may be in possession.
(c) The north central management zone
includes all inland waters lying west and south of U.S. Highway 53 from
International Falls to Duluth and north of a line described as follows: from the South Dakota border, along State
Highway 7 to State Highway 22, thence south on State Highway 22 to U.S. Highway
212, thence east on U.S. Highway 212 to State Highway 41, thence south on State
Highway 41 to the near or north bank of the Minnesota River, thence along the
near banks of the Minnesota and Mississippi Rivers to the Wisconsin border. The north central management zone does not
include waters of the Minnesota or Mississippi Rivers where those waters create
the southern boundary of the zone. In
the north central management zone, the daily and possession limit for northern
pike is ten.
(1) When taking northern pike by
angling in the north central management zone, only two over 26 inches in length
may be in possession, and all northern pike from 22 to 26 inches must be
immediately returned to the water.
(2) When taking northern pike by dark
house spearing in the north central management zone:
(i)
only two northern pike over 26 inches in length and no northern pike from 22 to
26 inches in length may be in possession; or
(ii) only one northern pike from 22 to
26 inches in length and one northern pike over 26 inches in length may be in
possession.
(d) The southern management zone
includes all inland waters lying south of a line described as follows: from the South Dakota border, along State
Highway 7 to State Highway 22, thence south on State Highway 22 to U.S. Highway
212, thence east on U.S. Highway 212 to State Highway 41, thence south on State
Highway 41 to and including the waters of the Minnesota River, thence along the
Minnesota River to and including the waters of the Mississippi River to the
Wisconsin border. In the southern
management zone, the daily and possession limit for northern pike is two. The minimum size for northern pike taken by
angling or dark house spearing in the southern management zone is 24 inches in
length.
(e) The restrictions in paragraphs (b)
to (d) do not apply in boundary waters.
(f) The commissioner may use the good
cause exemption rulemaking procedure 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.
(g) No later than January 15, 2027, the
commissioner must report on the success of the northern pike regulations,
together with recommendations on whether to keep or change the regulations. The report must be submitted to the senate
and house of representatives committees having jurisdiction over environment
and natural resources policy and finance.
Sec. 25. RULEMAKING;
BLAZE PINK.
(a) The commissioner of natural
resources shall amend Minnesota Rules, parts 6232.2500, 6232.2550, 6232.2560,
6232.3700, and 6232.4400, to allow a person to wear blaze pink as provided in
Minnesota Statutes, section 97B.071.
(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. 26. PROSPECTORS
ATV TRAIL; APPROPRIATION.
$1,000,000 in fiscal year 2017 is
appropriated from the natural resources fund to the commissioner of natural
resources for a grant to Lake County for construction, including bridges, of
the Prospectors ATV Trail System linking the communities of Ely, Babbitt,
Embarrass, and Tower; Bear Head Lake and Lake Vermilion-Soudan Underground Mine
State Parks; the Taconite State Trail; and the Lake County Regional ATV Trail
System. Of this amount, $900,000 is from
the all-terrain vehicle account, $50,000 is from the off-highway motorcycle
account, and $50,000 is from the off-road vehicle account.
Sec. 27. REPEALER.
Minnesota Statutes 2014, section
97A.075, subdivision 5, is repealed."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Metsa moved to amend the Hackbarth amendment to S. F. No. 2759, the second engrossment, as follows:
Page 10, delete section 22
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
CALL OF THE HOUSE
On the motion of Thissen and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Fabian moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Anderson, S., was excused between the hours of 11:30 p.m. and 1:10 a.m.
The question recurred on the Metsa amendment to the Hackbarth amendment and the roll was called.
Fabian moved that those not voting be excused from voting. The motion prevailed.
There were 61 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, P.
Anzelc
Applebaum
Baker
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dean, M.
Dehn, R.
Ecklund
Fischer
Flanagan
Franson
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Swedzinski
Thissen
Ward
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, C.
Anderson, M.
Backer
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Masin
McDonald
McNamara
Miller
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Theis
Torkelson
Uglem
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment to the amendment was not adopted.
Pelowski was excused between the hours of 11:35 p.m. and 12:15 a.m.
Barrett and Drazkowski were excused between the hours of 11:35 p.m. and 12:20 a.m.
Davids was excused between the hours of 11:35 p.m. and 12:30 a.m.
Garofalo was excused for the remainder of today’s session.
POINT OF ORDER
Hortman raised a point of order pursuant to rule 3.21 that the Hackbarth amendment was not in order. Speaker pro tempore Sanders ruled the point of order not well taken and the Hackbarth amendment in order.
Hortman appealed the decision of Speaker pro tempore Sanders.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of Speaker pro tempore Sanders stand as the judgment of the House?" and the roll was called. There were 68 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, M.
Anderson, P.
Backer
Baker
Bennett
Christensen
Cornish
Daniels
Dean, M.
Dettmer
Erickson
Fabian
Fenton
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Yarusso
Youakim
So it was the judgment of the House that the decision of Speaker pro tempore Sanders should stand.
CALL OF THE HOUSE LIFTED
Thissen moved that the call of the House be lifted. The motion prevailed and it was so ordered.
POINT OF ORDER
Pinto raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hackbarth amendment was not in order. Speaker pro tempore Sanders ruled the point of order not well taken and the Hackbarth amendment in order.
The question recurred on the Hackbarth amendment and the roll was called. There were 76 yeas and 49 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, M.
Anderson, P.
Anzelc
Backer
Baker
Bennett
Christensen
Cornish
Daniels
Dean, M.
Dettmer
Ecklund
Erickson
Fabian
Fenton
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hilstrom
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Marquart
McDonald
McNamara
Miller
Nash
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Flanagan
Franson
Freiberg
Halverson
Hansen
Hausman
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Loeffler
Mahoney
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Persell
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Wagenius
Ward
Yarusso
Youakim
The motion prevailed and the amendment was adopted.
S. F. No. 2759, A bill for an act relating to game and fish; modifying penalties for gross overlimits; providing criminal penalties; amending Minnesota Statutes 2014, sections 97A.201, subdivision 2, by adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, subdivision 2a.
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 80 yeas and 44 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, M.
Anderson, P.
Anzelc
Backer
Baker
Bennett
Christensen
Cornish
Daniels
Dean, M.
Dettmer
Ecklund
Erhardt
Erickson
Fabian
Fenton
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Johnson, C.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lien
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Marquart
McDonald
McNamara
Miller
Murphy, M.
Nash
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Peppin
Persell
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, S.
Kahn
Laine
Lesch
Liebling
Loeffler
Mahoney
Masin
Metsa
Moran
Mullery
Murphy, E.
Nelson
Norton
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Thissen
Wagenius
Ward
Yarusso
Youakim
The bill was passed, as amended, and its title agreed to.
S. F. No. 2378, A bill for an act relating to human services; requiring the commissioner to reform the continuum of treatment for individuals with substance use disorders; proposing coding for new law in Minnesota Statutes, chapter 254B.
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 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anzelc
Applebaum
Backer
Baker
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davnie
Dean, M.
Dehn, R.
Dettmer
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
There being no objection, the order of business reverted to Messages from the Senate.
MESSAGES
FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 498.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 498
A bill for an act relating to data practices; classifying portable recording system data; establishing requirements for the destruction of data; requiring policies; imposing requirements on vendors and providing for damage awards; amending Minnesota Statutes 2014, section 13.82, subdivision 15, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.
May 21, 2016
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 498 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 498 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2015 Supplement, section 13.82, subdivision 2, is amended to read:
Subd. 2. Arrest data. The following data created or collected by law enforcement agencies which document any actions taken by them to cite, arrest, incarcerate or otherwise substantially deprive an adult individual of liberty shall be public at all times in the originating agency:
(a) time, date and place of the action;
(b) any resistance encountered by the agency;
(c) any pursuit engaged in by the agency;
(d) whether any weapons were used by the agency or other individual;
(e) the charge, arrest or search warrants, or other legal basis for the action;
(f) the identities of the agencies, units within the agencies and individual persons taking the action;
(g) whether and where the individual is being held in custody or is being incarcerated by the agency;
(h) the date, time and legal basis for any transfer of custody and the identity of the agency or person who received custody;
(i) the date, time and legal basis for any release from custody or incarceration;
(j) the name, age, sex and last known address of an adult person or the age and sex of any juvenile person cited, arrested, incarcerated or otherwise substantially deprived of liberty;
(k) whether the agency employed an a
portable recording system, automated license plate reader, wiretaps or
other eavesdropping techniques, unless the release of this specific data would
jeopardize an ongoing investigation;
(l) the manner in which the agencies received the information that led to the arrest and the names of individuals who supplied the information unless the identities of those individuals qualify for protection under subdivision 17; and
(m) response or incident report number.
Sec. 2. Minnesota Statutes 2014, section 13.82, subdivision 6, is amended to read:
Subd. 6. Response or incident data. The following data created or collected by law enforcement agencies which document the agency's response to a request for service including, but not limited to, responses to traffic accidents, or which describe actions taken by the agency on its own initiative shall be public government data:
(a) date, time and place of the action;
(b) agencies, units of agencies and individual agency personnel participating in the action unless the identities of agency personnel qualify for protection under subdivision 17;
(c) any resistance encountered by the agency;
(d) any pursuit engaged in by the agency;
(e) whether any weapons were used by the agency or other individuals;
(f) a brief factual reconstruction of events associated with the action;
(g) names and addresses of witnesses to the agency action or the incident unless the identity of any witness qualifies for protection under subdivision 17;
(h) names and addresses of any victims or casualties unless the identities of those individuals qualify for protection under subdivision 17;
(i) the name and location of the health care facility to which victims or casualties were taken;
(j) response or incident report number;
(k) dates of birth of the parties involved in a traffic accident;
(l) whether the parties involved were
wearing seat belts; and
(m) the alcohol concentration of each
driver; and
(n) whether the agency used a portable recording system to document the agency's response or actions.
Sec. 3. Minnesota Statutes 2014, section 13.82, subdivision 7, is amended to read:
Subd. 7. Criminal
investigative data. Except for the
data defined in subdivisions 2, 3, and 6, investigative data collected or
created by a law enforcement agency in order to prepare a case against a
person, whether known or unknown, for the commission of a crime or other
offense for which the agency has primary investigative responsibility are
confidential or protected nonpublic while the investigation is active. Inactive investigative data are public unless
the release of the data would jeopardize another ongoing investigation or would
reveal the identity of individuals protected under subdivision 17. Images and recordings, including
photographs, video, and audio records, which are part of inactive
investigative files and which are clearly offensive to common sensibilities are
classified as private or nonpublic data, provided that the existence of the photographs
images and recordings shall be disclosed to any person requesting access
to the inactive investigative file. An
investigation becomes inactive upon the occurrence of any of the following
events:
(a) a decision by the agency or appropriate prosecutorial authority not to pursue the case;
(b) expiration of the time to bring a charge or file a complaint under the applicable statute of limitations, or 30 years after the commission of the offense, whichever comes earliest; or
(c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis of the investigative data.
Any investigative data presented as evidence in court shall be public. Data determined to be inactive under clause (a) may become active if the agency or appropriate prosecutorial authority decides to renew the investigation.
During the time when an investigation is active, any person may bring an action in the district court located in the county where the data are being maintained to authorize disclosure of investigative data. The court may order that all or part of the data relating to a particular investigation be released to the public or to the person bringing the action. In making the determination as to whether investigative data shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the agency or to any person identified in the data. The data in dispute shall be examined by the court in camera.
Sec. 4. Minnesota Statutes 2014, section 13.82, subdivision 15, is amended to read:
Subd. 15. Public benefit data. Any law enforcement agency may make any data classified as confidential or protected nonpublic pursuant to subdivision 7 or as private or nonpublic under section 13.825 accessible to any person, agency, or the public if the agency determines that the access will aid the law enforcement process, promote public safety, or dispel widespread rumor or unrest.
Sec. 5. [13.825]
PORTABLE RECORDING SYSTEMS.
Subdivision 1. Application;
definition. (a) This section
applies to law enforcement agencies that maintain a portable recording system
for use in investigations, or in response to emergencies, incidents, and
requests for service.
(b) As used in this section:
(1) "portable recording system"
means a device worn by a peace officer that is capable of both video and audio
recording of the officer's activities and interactions with others or
collecting digital multimedia evidence as part of an investigation;
(2) "portable recording system
data" means audio or video data collected by a portable recording system;
and
(3) "redact" means to blur
video or distort audio so that the identity of the subject in a recording is
obscured sufficiently to render the subject unidentifiable.
Subd. 2. Data
classification; court-authorized disclosure. (a) Data collected by a portable
recording system are private data on individuals or nonpublic data, subject to
the following:
(1) data that document the discharge of a firearm by a peace officer in the course of duty, if a notice is required under section 626.553, subdivision 2, or the use of force by a peace officer that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are public;
(2) data are public if a subject of the
data requests it be made accessible to the public, except that, if practicable,
(i) data on a subject who is not a peace officer and who does not consent to
the release must be redacted, and (ii) data on a peace officer whose identity
is protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) portable recording system data that
are active criminal investigative data are governed by section 13.82,
subdivision 7, and portable recording system data that are inactive criminal
investigative data are governed by this section;
(4) portable recording system data that
are public personnel data under section 13.43, subdivision 2, clause (5), are
public; and
(5) data that are not public data under
other provisions of this chapter retain that classification.
(b) A law enforcement agency may redact or withhold access to portions of data that are public under this subdivision if those portions of data are clearly offensive to common sensibilities.
(c) Section 13.04, subdivision 2, does
not apply to collection of data classified by this subdivision.
(d) Any person may bring an action in
the district court located in the county where portable recording system data
are being maintained to authorize disclosure of data that are private or
nonpublic under this section or to challenge a determination under paragraph
(b) to redact or withhold access to portions of data because the data are
clearly offensive to common sensibilities.
The person bringing the action must give notice of the action to the law
enforcement agency and subjects of the data, if known. The law enforcement agency must give notice
to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The
court may order that all or part of the data be released to the public or to
the person bringing the action. In
making this determination, the court shall consider whether the benefit to the
person bringing the action or to the public outweighs any harm to the public,
to the law enforcement agency, or to a subject of the data and, if the action
is
challenging
a determination under paragraph (b), whether the data are clearly offensive to
common sensibilities. The data in
dispute must be examined by the court in camera. This paragraph does not affect the right of a
defendant in a criminal proceeding to obtain access to portable recording
system data under the Rules of Criminal Procedure.
Subd. 3. Retention
of data. (a) Portable
recording system data that are not active or inactive criminal investigative
data and are not described in paragraph (b) must be maintained for at least 90
days and destroyed according to the agency's records retention schedule
approved pursuant to section 138.17.
(b) Portable recording system data must
be maintained for at least one year and destroyed according to the agency's
records retention schedule approved pursuant to section 138.17 if:
(1) the data document (i) the discharge
of a firearm by a peace officer in the course of duty if a notice is required
under section 626.553, subdivision 2, or (ii) the use of force by a peace
officer that results in substantial bodily harm; or
(2) a formal complaint is made against
a peace officer related to the incident.
(c) If a subject of the data submits a written request to the law enforcement agency to retain the recording beyond the applicable retention period for possible evidentiary or exculpatory use related to the circumstances under which the data were collected, the law enforcement agency shall retain the recording for an additional time period requested by the subject of up to 180 days and notify the requester that the recording will then be destroyed unless a new request is made under this paragraph.
(d) Notwithstanding paragraph (b) or
(c), a government entity may retain a recording for as long as reasonably
necessary for possible evidentiary or exculpatory use related to the incident
with respect to which the data were collected.
Subd. 4. Access by data subjects. (a) For purposes of this chapter, a portable recording system data subject includes the peace officer who collected the data, and any other individual or entity, including any other peace officer, regardless of whether the officer is or can be identified by the recording, whose image or voice is documented in the data.
(b) An individual who is the subject of
portable recording system data has access to the data, including data on other
individuals who are the subject of the recording. If the individual requests a copy of the
recording, data on other individuals who do not consent to its release must be
redacted from the copy. The identity and
activities of an on-duty peace officer engaged in an investigation or response
to an emergency, incident, or request for service may not be redacted, unless the
officer's identity is subject to protection under section 13.82, subdivision
17, clause (a).
Subd. 5. Inventory
of portable recording system technology.
A law enforcement agency that uses a portable recording system
must maintain the following information, which is public data:
(1) the total number of recording
devices owned or maintained by the agency;
(2) a daily record of the total number
of recording devices actually deployed and used by officers and, if applicable,
the precincts in which they were used;
(3) the policies and procedures for use
of portable recording systems required by section 626.8473; and
(4) the total amount of recorded audio
and video data collected by the portable recording system and maintained by the
agency, the agency's retention schedule for the data, and the agency's
procedures for destruction of the data.
Subd. 6. Use
of agency-issued portable recording systems. While on duty, a peace officer may
only use a portable recording system issued and maintained by the officer's
agency in documenting the officer's activities.
Subd. 7. Authorization
to access data. (a) A law
enforcement agency must comply with sections 13.05, subdivision 5, and 13.055
in the operation of portable recording systems and in maintaining portable
recording system data.
(b) The responsible authority for a law
enforcement agency must establish written procedures to ensure that law
enforcement personnel have access to the portable recording system data that
are not public only if authorized in writing by the chief of police, sheriff,
or head of the law enforcement agency, or their designee, to obtain access to
the data for a legitimate, specified law enforcement purpose.
Subd. 8. Sharing
among agencies. (a) Portable
recording system data that are not public may only be shared with or
disseminated to another law enforcement agency, a government entity, or a
federal agency upon meeting the standards for requesting access to data as
provided in subdivision 7.
(b) If data collected by a portable
recording system are shared with another state or local law enforcement agency
under this subdivision, the agency that receives the data must comply with all
data classification, destruction, and security requirements of this section.
(c) Portable recording system data may
not be shared with, disseminated to, sold to, or traded with any other
individual or entity unless explicitly authorized by this section or other
applicable law.
Subd. 9. Biennial
audit. (a) A law enforcement
agency must maintain records showing the date and time portable recording
system data were collected and the applicable classification of the data. The law enforcement agency shall arrange for
an independent, biennial audit of the data to determine whether data are
appropriately classified according to this section, how the data are used, and
whether the data are destroyed as required under this section, and to verify
compliance with subdivisions 7 and 8. If
the governing body with jurisdiction over the budget of the agency determines
that the agency is not complying with this section or other applicable law, the
governing body may order additional independent audits. Data in the records required under this
paragraph are classified as provided in subdivision 2.
(b) The results of the audit are
public, except for data that are otherwise classified under law. The governing body with jurisdiction over the
budget of the law enforcement agency shall review the results of the audit. If the governing body determines that there
is a pattern of substantial noncompliance with this section, the governing body
must order that operation of all portable recording systems be suspended until
the governing body has authorized the agency to reinstate their use. An order of suspension under this paragraph
may only be made following review of the results of the audit and review of the
applicable provisions of this chapter, and after providing the agency and
members of the public a reasonable opportunity to respond to the audit's
findings in a public meeting.
(c) A report summarizing the results of
each audit must be provided to the governing body with jurisdiction over the
budget of the law enforcement agency and to the Legislative Commission on Data
Practices and Personal Data Privacy no later than 60 days following completion
of the audit.
Subd. 10. Notification
to BCA. Within ten days of
obtaining new surveillance technology that expands the type or scope of
surveillance capability of a portable recording system device beyond video or
audio recording, a law enforcement agency must notify the Bureau of Criminal
Apprehension that it has obtained the new surveillance technology. The notice must include a description of the
technology and its surveillance capability and intended uses. The notices are accessible to the public and
must be available on the bureau's Web site.
Subd. 11. Portable
recording system vendor. (a)
For purposes of this subdivision, "portable recording system vendor"
means a person who is not a government entity and who provides services for the
creation, collection, retention, maintenance, processing, or dissemination of
portable recording system data for a law enforcement agency or other government
entity. By providing these services to a
government entity, a vendor is subject to all of the requirements of this
chapter as if it were a government entity.
(b) A portable recording system vendor
that stores portable recording system data in the cloud must protect the data
in accordance with the security requirements of the United States Federal
Bureau of Investigation Criminal Justice Information Services Division Security
Policy 5.4 or its successor version.
(c)
Subject to paragraph (d), in an action against a vendor under section 13.08 for
a violation of this chapter, the vendor is liable for presumed damages of
$2,500 or actual damages, whichever is greater, and reasonable attorney fees.
(d) In an action against a vendor that
improperly discloses data made not public by this chapter or any other statute
classifying data as not public, the vendor is liable for presumed damages of
$10,000 or actual damages, whichever is greater, and reasonable attorney fees.
Subd. 12. Penalties
for violation. In addition to
any other remedies provided by law, in the case of a willful violation of this
section a law enforcement agency is subject to exemplary damages of not less
than twice the minimum, nor more than twice the maximum allowable for exemplary
damages under section 13.08, subdivision 1.
EFFECTIVE
DATE. This section is effective
August 1, 2016. Data collected before
the effective date of this section must be destroyed, if required by this
section, no later than 15 days after the date this section becomes effective.
Sec. 6. [626.8473]
PORTABLE RECORDING SYSTEMS ADOPTION; WRITTEN POLICY REQUIRED.
Subdivision 1. Definition. As used in this section,
"portable recording system" has the meaning provided in section
13.825, subdivision 1.
Subd. 2. Public
comment. A local law
enforcement agency must provide an opportunity for public comment before it
purchases or implements a portable recording system. At a minimum, the agency must accept public
comments submitted electronically or by mail, and the governing body with
jurisdiction over the budget of the law enforcement agency must provide an
opportunity for public comment at a regularly-scheduled meeting.
Subd. 3. Written
policies and procedures required. (a)
The chief officer of every state and local law enforcement agency that uses or
proposes to use a portable recording system must establish and enforce a
written policy governing its use. In
developing and adopting the policy, the law enforcement agency must provide for
public comment and input as provided in subdivision 2. Use of a portable recording system without adoption
of a written policy meeting the requirements of this section is prohibited. The written policy must be posted on the
agency's Web site, if the agency has a Web site.
(b) At a minimum, the written policy
must incorporate the following:
(1) the requirements of section 13.825
and other data classifications, access procedures, retention policies, and data
security safeguards that, at a minimum, meet the requirements of chapter 13 and
other applicable law;
(2) procedures for testing the portable
recording system to ensure adequate functioning;
(3) procedures to address a system
malfunction or failure, including requirements for documentation by the officer
using the system at the time of a malfunction or failure;
(4)
circumstances under which recording is mandatory, prohibited, or at the
discretion of the officer using the system;
(5) circumstances under which a data
subject must be given notice of a recording;
(6) circumstances under which a
recording may be ended while an investigation, response, or incident is
ongoing;
(7) procedures for the secure storage
of portable recording system data and the creation of backup copies of the
data; and
(8) procedures to ensure compliance and
address violations of the policy, which must include, at a minimum, supervisory
or internal audits and reviews, and the employee discipline standards for
unauthorized access to data contained in section 13.09.
EFFECTIVE DATE. This section is effective August 1, 2016, provided
that a law enforcement agency using a portable recording system on that date
must adopt the policy required under this section no later than January 15,
2017.
Sec. 7. LEGISLATIVE
AUDITOR REVIEW.
Beginning no earlier than January 1, 2019, the legislative auditor is requested to conduct a comprehensive review of compliance with the requirements of Minnesota Statutes, sections 13.825 and 626.8473. Data used for purposes of the review must include the results of the biennial audits required by Minnesota Statutes, section 13.825, subdivision 9, and may also include any other data that, in the judgment of the legislative auditor, assists in developing a complete understanding of any compliance or implementation issues resulting from enactment of those sections. The legislative auditor is requested to submit the results of the comprehensive review to the legislature no later than January 15, 2020."
Delete the title and insert:
"A bill for an act relating to data practices; classifying portable recording system data; establishing requirements for the destruction of data; requiring written policies and procedures; imposing requirements on vendors; providing for damage awards; requiring a legislative auditor review; amending Minnesota Statutes 2014, section 13.82, subdivisions 6, 7, 15; Minnesota Statutes 2015 Supplement, section 13.82, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 13; 626."
We request the adoption of this report and repassage of the bill.
Senate Conferees: Ron Latz, Susan Kent and Bill Ingebrigtsen.
House Conferees: Tony Cornish, Brian Johnson and Debra Hilstrom.
Cornish moved that the report of the Conference Committee on S. F. No. 498 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
Speaker pro tempore Sanders called Davids to the Chair.
S. F. No. 498, A bill for an act relating to data practices; classifying portable recording system data; establishing requirements for the destruction of data; requiring policies; imposing requirements on vendors and providing for damage awards; amending Minnesota Statutes 2014, section 13.82, subdivision 15, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.
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 96 yeas and 34 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Backer
Baker
Barrett
Bennett
Bly
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Dettmer
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Heintzeman
Hertaus
Hilstrom
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Kelly
Kiel
Knoblach
Kresha
Lien
Lillie
Lohmer
Loon
Loonan
Lueck
Mack
Marquart
Masin
McDonald
McNamara
Miller
Murphy, M.
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Selcer
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Bernardy
Clark
Davnie
Dean, M.
Dehn, R.
Drazkowski
Flanagan
Hausman
Hoppe
Hornstein
Johnson, S.
Kahn
Koznick
Laine
Lesch
Liebling
Loeffler
Lucero
Mahoney
Metsa
Moran
Mullery
Murphy, E.
Nash
Newberger
Pugh
Runbeck
Schultz
Scott
Simonson
Wagenius
Ward
Whelan
The bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2527.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2527
A bill for an act relating to natural resources; appropriating money from outdoor heritage fund; modifying evaluation provisions; modifying prior appropriations; amending Minnesota Statutes 2014, section 97A.056, subdivision 10; Laws 2015, First Special Session chapter 2, article 1, section 2, subdivisions 2, 3, 5.
May 20, 2016
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2527 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No. 2527 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
OUTDOOR HERITAGE FUND
Section 1. OUTDOOR
HERITAGE APPROPRIATION. |
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 outdoor heritage fund for the fiscal year indicated
for each purpose. The figures
"2016" and "2017" used in this act mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2016, or June 30, 2017, respectively.
"The first year" is fiscal year 2016. "The second year" is fiscal year 2017. "The biennium" is fiscal years 2016
and 2017. The appropriations in this act
are onetime.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2016 |
2017 |
|
Sec. 2. OUTDOOR
HERITAGE FUND |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$-0- |
|
$109,847,000 |
This appropriation is from the outdoor heritage fund. The amounts that may be spent for each purpose are specified in the following subdivisions.
Subd. 2. Prairies
|
|
-0-
|
|
31,000,000
|
(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase VIII |
|
|
|
$3,250,000 the second year is to the
commissioner of natural resources to acquire land in fee for wildlife
management purposes under Minnesota Statutes, section 86A.05, subdivision 8,
and to
acquire
land in fee for scientific and natural area purposes under Minnesota Statutes,
section 86A.05, subdivision 5. Subject
to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be
given to acquisition of lands that are eligible for the native prairie bank
under Minnesota Statutes, section 84.96, or lands adjacent to protected native
prairie. A list of proposed land
acquisitions must be provided as part of the required accomplishment plan.
(b) Accelerating Wildlife Management Area Acquisition - Phase VIII |
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|
|
$5,229,000 the second year is to the
commissioner of natural resources for an agreement with Pheasants Forever to
acquire in fee and restore lands for wildlife management area purposes under
Minnesota Statutes, section 86A.05, subdivision 8. Subject to evaluation criteria in Minnesota
Rules, part 6136.0900, priority must be given to acquisition of lands that are
eligible for the native prairie bank under Minnesota Statutes, section 84.96,
or lands adjacent to protected native prairie.
A list of proposed land acquisitions must be provided as part of the
required accomplishment plan.
(c) Martin County/Fox Lake Wildlife Management Area Acquisition |
|
|
|
$1,000,000 the second year is to the
commissioner of natural resources for an agreement with Fox Lake Conservation
League, Inc. to acquire land in fee and restore strategic prairie grassland,
wetland, and other wildlife habitat for wildlife management area purposes under
Minnesota Statutes, section 86A.05, subdivision 8. A list of proposed acquisitions must be
provided as part of the required accomplishment plan.
(d) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase VII |
|
|
|
$2,754,000 the second year is to the
commissioner of natural resources for an agreement with The Nature Conservancy
in cooperation with the United States Fish and Wildlife Service to acquire land
in fee or permanent conservation easements and restore lands within the
Northern Tallgrass Prairie Habitat Preservation Area in western Minnesota for
addition to the Northern Tallgrass Prairie National Wildlife Refuge. Subject to evaluation criteria in Minnesota
Rules, part 6136.0900, priority must be given to acquisition of lands that are
eligible for the native prairie bank under Minnesota Statutes, section 84.96,
or lands adjacent to protected native prairie.
A list of proposed land acquisitions must be provided as part of the
required accomplishment plan and must be consistent with the priorities in the
Minnesota Prairie Conservation Plan.
(e) Cannon River Headwaters Habitat Complex - Phase VI |
|
|
|
$583,000 the second year is to the
commissioner of natural resources for an agreement with The Trust for Public
Land to acquire land in fee and restore lands in the Cannon River watershed for
wildlife management purposes under Minnesota Statutes, section 86A.05,
subdivision 8. Subject to evaluation
criteria in Minnesota Rules, part 6136.0900, priority must be given to
acquisition of lands that are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands adjacent to protected native
prairie. A list of proposed land
acquisitions must be provided as part of the required accomplishment plan.
(f) Accelerated Native Prairie Bank Protection - Phase V |
|
|
|
$2,541,000 the second year is to the
commissioner of natural resources to implement the Minnesota Prairie
Conservation Plan through the acquisition of permanent conservation easements
to protect and restore native prairie. Of
this amount, up to $120,000 is for establishing monitoring and enforcement
funds as approved in the accomplishment plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. Subject
to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be
given to acquisition of lands that are eligible for the native prairie bank
under Minnesota Statutes, section 84.96, or lands adjacent to protected native
prairie. A list of permanent
conservation easements must be provided as part of the final report.
(g) Reinvest In Minnesota (RIM) Buffers for Wildlife and Water - Phase VI |
|
|
|
$6,708,000 the second year is to the Board
of Water and Soil Resources to acquire permanent conservation easements and
restore habitat under Minnesota Statutes, section 103F.515, to protect,
restore, and enhance habitat by expanding the clean water fund riparian buffer
program for at least equal wildlife benefits from buffers on private land. Of this amount, up to $130,000 is to
establish a monitoring and enforcement fund as approved in the accomplishment
plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. A list of permanent conservation easements
must be provided as part of the final report.
(h) Prairie Chicken Habitat Partnership of the Southern Red River Valley - Phase II |
|
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|
$2,269,000 the second year is to the
commissioner of natural resources for an agreement with Pheasants Forever, in
cooperation with the Minnesota Prairie Chicken Society, to acquire land in fee
and restore and enhance lands in the southern Red River Valley for wildlife
management purposes under Minnesota Statutes, section 86A.05, subdivision 8, or
for designation and management as
waterfowl
production areas in Minnesota, in cooperation with the United States Fish and
Wildlife Service. Subject to evaluation
criteria in Minnesota Rules, part 6136.0900, priority must be given to
acquisition of lands that are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands adjacent to protected native
prairie. A list of proposed land acquisitions
must be provided as part of the required accomplishment plan.
(i) Grassland Conservation Partnership - Phase II |
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$1,475,000 the second year is to the
commissioner of natural resources for an agreement with The Conservation Fund,
in cooperation with Minnesota Land Trust, to acquire permanent conservation
easements and restore high priority grassland, prairie, and wetland habitats as
follows: $64,000 to The Conservation
Fund; and $1,411,000 to Minnesota Land Trust, of which up to $100,000 is for
establishing a monitoring and enforcement fund, as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. Subject to evaluation
criteria in Minnesota Rules, part 6136.0900, priority must be given to
acquisition of lands that are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie. A list
of proposed acquisitions must be provided as part of the required
accomplishment plan and must be consistent with the priorities in the Minnesota
Prairie Conservation Plan.
(j) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase VIII |
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$3,983,000 the second year is to the
commissioner of natural resources to accelerate restoration and enhancement of
prairies, grasslands, and savannas on wildlife management areas, scientific and
natural areas, native prairie bank land, and bluff prairies on state forest
land in southeastern Minnesota. A list
of proposed land restorations and enhancements must be provided as part of the
required accomplishment plan.
(k) Anoka Sandplain Habitat Restoration and Enhancement - Phase IV |
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$1,208,000 the second year is to the
commissioner of natural resources for agreements to restore and enhance
wildlife habitat on public lands in Anoka, Isanti, Morrison, Sherburne, and
Todd Counties as follows: $93,000 to
Anoka Conservation District; $25,000 to Isanti County Parks and Recreation
Department; $813,000 to Great River Greening; and $277,000 to the National Wild
Turkey Federation. A list of proposed
land restorations and enhancements must be provided as part of the required
accomplishment plan.
Subd. 3. Forests
|
|
-0-
|
|
18,379,000
|
(a) Young Forest Conservation - Phase II |
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$1,369,000 the second year is to the
commissioner of natural resources for an agreement with the American Bird
Conservancy to restore publicly owned, permanently protected forest lands for
wildlife management purposes. A list of
proposed forest land restorations must be provided as part of the required
accomplishment plan.
(b) Jack Pine Forest/Crow Wing River Watershed Habitat Acquisition |
|
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$3,570,000 the second year is to the
commissioner of natural resources for an agreement with the Minnesota Deer
Hunters Association to acquire in fee and restore and enhance forest habitat
lands in Cass and Hubbard Counties for county forest purposes. A list of proposed land acquisitions must be
provided as part of the required accomplishment plan.
(c) Camp Ripley Partnership - Phase VI |
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$1,500,000 the second year is to the Board
of Water and Soil Resources, in cooperation with the Morrison County Soil and
Water Conservation District, to acquire permanent conservation easements and
restore forest wildlife habitat within the boundaries of the Minnesota National
Guard Camp Ripley Compatible Use Buffer.
Of this amount, up to $72,000 is to establish a monitoring and enforcement fund, as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. A list of
permanent conservation easements must be provided as part of the final report.
(d)
Southeast Minnesota Protection and Restoration - Phase IV |
|
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$5,000,000 the second year is to the
commissioner of natural resources for an agreement with The Nature Conservancy,
in cooperation with The Trust for Public Land and Minnesota Land Trust, to
acquire land in fee for wildlife management purposes under Minnesota Statutes,
section 86A.05, subdivision 8, to acquire land in fee for scientific and
natural areas under Minnesota Statutes, section 86A.05, subdivision 5, to
acquire land in fee for state forest purposes under Minnesota Statutes, section
86A.05, subdivision 7, to acquire permanent conservation easements, and to
restore and enhance prairie, grasslands, forest, and savanna as follows: $1,506,000 to The Nature Conservancy;
$2,930,000 to The Trust for Public Land; and $564,000 to Minnesota Land Trust,
of which up to $80,000 to Minnesota Land Trust is to establish a monitoring and
enforcement fund, as approved in the accomplishment plan and subject to
Minnesota Statutes, section
97A.056,
subdivision 17. Annual income statements
and balance sheets for income and expenses from land acquired in fee with this
appropriation and not transferred to state or local government ownership must
be submitted to the Lessard-Sams Outdoor Heritage Council. A list of proposed land acquisitions must be
provided as part of the required accomplishment plan.
(e) Minnesota Forests for the Future - Phase IV |
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$1,840,000 the second year is to the
commissioner of natural resources to acquire forest, wetland, and shoreline
habitat through working forest permanent conservation easements under the
Minnesota forests for the future program pursuant to Minnesota Statutes,
section 84.66. A conservation easement
acquired with money appropriated under this paragraph must comply with
Minnesota Statutes, section 97A.056, subdivision 13. The accomplishment plan must include an
easement monitoring and enforcement plan.
Of this amount, up to $25,000 is to establish a monitoring and
enforcement fund as approved in the accomplishment plan and subject to
Minnesota Statutes, section 97A.056, subdivision 17. A list of permanent conservation easements
must be provided as part of the final report.
(f) Protect Key Forest Lands in Cass County - Phase VII |
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$500,000 the second year is to the
commissioner of natural resources for an agreement with Cass County to acquire
land in fee in Cass County for forest wildlife habitat or to prevent forest
fragmentation. A list of proposed land
acquisitions must be provided as part of the required accomplishment plan.
(g) State Forest Acquisitions - Phase III |
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$1,000,000 the second year is to the
commissioner of natural resources to acquire lands in fee for wildlife habitat
purposes under Minnesota Statutes, section 86A.05, subdivision 7. A list of proposed land acquisitions must be
provided as part of the required accomplishment plan.
(h) Forest Habitat Protection Revolving Account |
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$1,000,000 the second year is to the
commissioner of natural resources to acquire lands in fee and permanent
conservation easements for wildlife habitat purposes, for forest consolidation
and connective corridor purposes, or to prevent forest fragmentation under
Minnesota Statutes, section 86A.05, subdivision 7. Proceeds from any subsequent sale of lands
acquired with this appropriation must be used for the purposes of this
appropriation. Any sale proceeds
remaining unused upon close of the appropriation availability must be returned
to the outdoor heritage fund. A list of
proposed land acquisitions must be
provided
as part of the required accomplishment plan.
Unless otherwise provided, this appropriation is available until June
30, 2022. For acquisition of real
property, this appropriation is available until June 30, 2023, if a binding
agreement with a landowner or purchase agreement is entered into by June 30,
2022, and closed no later than June 30, 2023.
Of this amount, up to $50,000 is to establish a monitoring and
enforcement fund as approved in the accomplishment plan and subject to
Minnesota Statutes, section 97A.056, subdivision 17. A list of permanent conservation easements
must be provided as part of the final report.
(i)
Mississippi River Floodplain Forest Enhancement - Phase II |
|
|
|
$412,000 the second year is to the
commissioner of natural resources for an agreement with the National Audubon
Society to restore and enhance floodplain forest habitat for wildlife on public
lands along the Mississippi River. A
list of restorations and enhancements must be provided as part of the required
accomplishment plan.
(j) Protecting Forest Wildlife Habitat in the Wild Rice River Watershed |
|
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|
$2,188,000 the second year is to the
commissioner of natural resources for an agreement with the White Earth Band of
Ojibwe to acquire lands in fee in Clearwater County to be managed for wildlife
habitat purposes. A list of proposed
land acquisitions must be provided as part of the required accomplishment plan. As a condition of receiving the grant under
this paragraph, the White Earth Band of Ojibwe shall:
(1) ensure that current access roads and
trails on the property are maintained and open to continue the current access
to adjoining lands;
(2) ensure that the property remains open
to hunting and fishing for individuals of the public who are not members of a
federally recognized tribe in a manner consistent with current law; and
(3) not transfer fee interest in whole or
in part to the United States either directly or through an intermediary in
trust for the White Earth Band of Ojibwe.
Failure to comply with the provisions of
this paragraph shall trigger the reversion provisions of Minnesota Statutes,
section 97A.056, subdivision 15.
Subd. 4. Wetlands
|
|
-0-
|
|
31,055,000
|
(a) Accelerating the Waterfowl Production Area Acquisition - Phase VIII |
|
|
|
$5,650,000 the second year is to the
commissioner of natural resources for an agreement with Pheasants Forever to
acquire in fee and restore and enhance wetlands and grasslands to be
designated
and managed as waterfowl production areas in Minnesota, in cooperation with the
United States Fish and Wildlife Service.
A list of proposed land acquisitions must be provided as part of the
required accomplishment plan.
(b) Shallow Lake and Wetland Protection Program - Phase V |
|
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$5,801,000 the second year is to the commissioner of
natural resources for an agreement with Ducks Unlimited to acquire in fee and
restore prairie lands, wetlands, and land buffering shallow lakes for wildlife
management purposes under Minnesota Statutes, section 86A.05, subdivision 8. A list of proposed acquisitions must be
provided as part of the required accomplishment plan.
(c) RIM
Wetlands Partnership - Phase VII |
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$13,808,000 the second year is to the Board of Water and
Soil Resources to acquire lands in permanent conservation easements and to
restore wetlands and native grassland habitat under Minnesota Statutes, section
103F.515. Of this amount, up to $195,000
is to establish a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. A list of permanent
conservation easements must be provided as part of the final report.
(d) Wetland
Habitat Protection Program - Phase II |
|
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|
$1,629,000 the second year is to the commissioner of natural
resources for an agreement with Minnesota Land Trust to acquire permanent
conservation easements in high-priority wetland habitat complexes in the
prairie and forest/prairie transition regions.
Of this amount, up to $180,000 is to establish a monitoring and
enforcement fund, as approved in the accomplishment plan and subject to
Minnesota Statutes, section 97A.056, subdivision 17. A list of proposed easement acquisitions must
be provided as part of the final report.
(e) Accelerated Shallow Lakes and Wetlands Enhancement - Phase VIII |
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|
$2,167,000 the second year is to the commissioner of
natural resources to enhance and restore shallow lakes and wetland habitat
statewide. A list of proposed land
restorations and enhancements must be provided as part of the required
accomplishment plan.
(f) Marsh
Lake - Phase II |
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$2,000,000 the second year is to the commissioner of
natural resources to modify the dam at Marsh Lake for improved habitat
management and to return the historic outlet of the Pomme de Terre River to Lac
Qui Parle.
Subd. 5. Habitats
|
|
-0-
|
|
29,138,000
|
(a) DNR Aquatic Habitat Protection - Phase VIII |
|
|
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|
$1,578,000 the second year is to the
commissioner of natural resources to acquire land in fee and permanent
conservation easements for aquatic management purposes under Minnesota
Statutes, sections 86A.05, subdivision 14, and 97C.02, to acquire permanent
conservation easements under the Minnesota forests for the future program
pursuant to Minnesota Statutes, section 84.66, and to restore and enhance
aquatic and adjacent upland habitat. Of
this amount, up to $153,000 is to establish a monitoring and enforcement fund
as approved in the accomplishment plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list
of proposed land acquisitions, conservation easements, restorations, and
enhancements must be provided as part of the required accomplishment plan.
(b) Metro Big Rivers Habitat - Phase VII |
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$4,000,000 the second year is to the
commissioner of natural resources for agreements to acquire land in fee and
permanent conservation easements and to restore and enhance natural systems
associated with the Mississippi, Minnesota, and St. Croix Rivers within
the metropolitan area as follows: $500,000
to Minnesota Valley National Wildlife Refuge Trust, Inc.; $430,000 to Friends
of the Mississippi River; $1,170,000 to Great River Greening; $800,000 to The
Trust for Public Land; and $1,100,000 to Minnesota Land Trust, of which up to
$60,000 to Minnesota Land Trust is to establish a monitoring and enforcement
fund as approved in the accomplishment plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list
of proposed land acquisitions and permanent conservation easements must be
provided as part of the required accomplishment plan.
(c) Mississippi Headwaters Habitat Corridor Partnership - Phase II |
|
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|
$2,105,000 the second year is to the
commissioner of natural resources for agreements to acquire lands in fee in the
Mississippi Headwaters and for agreements as follows: $76,000 to the Mississippi Headwaters Board;
and $2,029,000 to The Trust for Public Land.
$1,045,000 the second year is to the Board of Water and Soil Resources
to acquire permanent conservation easements and to restore wildlife habitat, of
which up to $78,000 is to establish a monitoring and enforcement fund as
approved in the accomplishment plan and subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of
proposed acquisitions must be included as part of the required accomplishment
plan.
(d) Fisheries Habitat Protection on Strategic North Central Minnesota Lakes - Phase II |
|
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|
$1,425,000 the second year is to the
commissioner of natural resources for agreements with the Leech Lake Area
Watershed Foundation and Minnesota Land Trust to acquire land in fee and
permanent conservation easements to sustain healthy fish habitat on cold water
lakes in Aitkin, Cass, Crow Wing, and Hubbard Counties as follows: $480,000 to Leech Lake Area Watershed
Foundation; and $945,000 to Minnesota Land Trust, of which up to $180,000 to
Minnesota Land Trust is to establish a monitoring and enforcement fund as
approved in the accomplishment plan and subject to Minnesota Statutes, section
97A.056, subdivision 17. A list of
proposed land acquisitions must be provided as part of the required
accomplishment plan.
(e) Minnesota Trout Unlimited Coldwater Fish Habitat Enhancement and Restoration - Phase VIII |
|
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|
$1,975,000 the second year is to the
commissioner of natural resources for an agreement with Minnesota Trout
Unlimited to restore or enhance habitat for trout and other species in and
along cold water rivers, lakes, and streams in Minnesota. A list of proposed restorations and
enhancements must be provided as part of the required accomplishment plan.
(f) DNR Stream Habitat |
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$2,074,000 the second year is to the
commissioner of natural resources to restore and enhance habitat to facilitate
fish passage, degraded streams, and critical aquatic species habitat. A list of proposed land restorations and
enhancements must be provided as part of the required accomplishment plan.
(g) St. Louis River Restoration Initiative - Phase III
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$2,707,000 the second year is to the
commissioner of natural resources to restore aquatic habitats in the St. Louis
River estuary. A list of proposed
restorations must be provided as part of the required accomplishment plan.
(h) Sand Hill River Fish Passage - Phase II |
|
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$828,000 the second year is to the
commissioner of natural resources for an agreement with the Sand Hill River
Watershed District, in cooperation with the Department of Natural Resources and
Army Corps of Engineers, to restore and enhance fish passage and habitat in the
Sand Hill River watershed. A list of
proposed restorations must be provided as part of the required accomplishment
plan.
(i) |
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|
$1,200,000 the second year is to the
commissioner of natural resources for an agreement with the Shell Rock River
Watershed District to acquire in fee, restore, and enhance aquatic habitat in
the Shell Rock River watershed. A list
of proposed acquisitions, restorations, and enhancements must be provided as
part of the required accomplishment plan.
(j) Roseau Lake Rehabilitation |
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$2,763,000 the second year is to the
commissioner of natural resources to acquire land in fee and permanent
conservation easements for wildlife management purposes in Roseau County under
Minnesota Statutes, section 86A.05, subdivision 8, to restore and enhance
wildlife habitat. A list of proposed
land acquisitions and restorations and enhancements must be provided as part of
the required accomplishment plan.
(k) Conservation Partners Legacy Grant Program: Statewide and Metro Habitat - Phase VIII |
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|
|
$7,438,000 the second year is to the
commissioner of natural resources for a program to provide competitive,
matching grants of up to $400,000 to local, regional, state, and national
organizations for enhancing, restoring, or protecting forests, wetlands,
prairies, or habitat for fish, game, or wildlife in Minnesota. Of this amount, up to $2,500,000 is for
grants in the seven-county metropolitan area and cities with a population of
50,000 or greater. Grants shall not be
made for activities required to fulfill the duties of owners of lands subject
to conservation easements. Grants shall
not be made from the appropriation in this paragraph for projects that have a
total project cost exceeding $575,000. Of
the total appropriation, $588,000 may be spent for personnel costs and other
direct and necessary administrative costs.
Grantees may acquire land or interests in land. Easements must be permanent. Grants may not be used to establish easement
stewardship accounts. Land acquired in
fee must be open to hunting and fishing during the open season unless otherwise
provided by law. The program must
require a match of at least ten percent from nonstate sources for all grants. The match may be cash or in-kind resources. For grant applications of $25,000 or less,
the commissioner shall provide a separate, simplified application process. Subject to Minnesota Statutes, the
commissioner of natural resources shall, when evaluating projects of equal
value, give priority to organizations that have a history of receiving or a
charter to receive private contributions for local conservation or habitat
projects. If acquiring land in fee or a
conservation easement, priority must be given to projects associated with or
within one mile of existing wildlife management areas under Minnesota Statutes,
section
86A.05,
subdivision 8; scientific and natural areas under Minnesota Statutes, sections
84.033 and 86A.05, subdivision 5; or aquatic management areas under Minnesota
Statutes, sections 86A.05, subdivision 14, and 97C.02. All restoration or enhancement projects must
be on land permanently protected by a permanent covenant ensuring perpetual
maintenance and protection of restored and enhanced habitat, by a conservation
easement, by public ownership, or in public waters as defined in Minnesota
Statutes, section 103G.005, subdivision 15.
Priority must be given to restoration and enhancement projects on public
lands. Minnesota Statutes, section
97A.056, subdivision 13, applies to grants awarded under this paragraph. This appropriation is available until June
30, 2020. No less than five percent of
the amount of each grant must be held back from reimbursement until the grant
recipient has completed a grant accomplishment report by the deadline and in
the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage
Council. The commissioner shall provide
notice of the grant program in the game and fish law summary prepared under
Minnesota Statutes, section 97A.051, subdivision 2.
Subd. 6. Administration
|
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-0-
|
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275,000
|
(a) Contract Management |
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$150,000 the second year is to the
commissioner of natural resources for contract management duties assigned in
this section. The commissioner shall
provide an accomplishment plan in the form specified by the Lessard-Sams
Outdoor Heritage Council on the expenditure of this appropriation. The accomplishment plan must include a copy
of the grant contract template and reimbursement manual. No money may be expended prior to
Lessard-Sams Outdoor Heritage Council approval of the accomplishment plan.
(b) Technical Evaluation Panel |
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|
$125,000 the second year is to the
commissioner of natural resources for a technical evaluation panel to conduct
up to 15 restoration and enhancement evaluations under Minnesota Statutes,
section 97A.056, subdivision 10.
Subd. 7. Availability
of Appropriation |
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Money appropriated in this section may not
be spent on activities unless they are directly related to and necessary for a
specific appropriation and are specified in the accomplishment plan approved by
the Lessard-Sams Outdoor Heritage Council.
Money appropriated in this section must not be spent on indirect costs
or other institutional overhead charges that are not directly related to and
necessary for a specific appropriation. Unless
otherwise
provided, the amounts in this section are available until June 30, 2019. For acquisition of real property, the amounts in this section are available until June 30, 2020, if a binding agreement with a landowner or purchase agreement is entered into by June 30, 2019, and closed no later than June 30, 2020. Funds for restoration or enhancement are available until June 30, 2021, or five years after acquisition, whichever is later, in order to complete initial restoration or enhancement work. If a project receives at least 15 percent of its funding from federal funds, the time period of the appropriation may be extended to equal the availability of federal funding to a maximum of six years, provided the federal funding was confirmed and included in the first draft accomplishment plan. Money appropriated for fee title acquisition of land may be used to restore, enhance, and provide for public use of the land acquired with the appropriation. Public use facilities must have a minimal impact on habitat in acquired lands.
Subd. 8. Payment Conditions and Capital Equipment Expenditures |
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All agreements referred to in this section
must be administered on a reimbursement basis unless otherwise provided in this
section. Notwithstanding Minnesota
Statutes, section 16A.41, expenditures directly related to each appropriation's
purpose made on or after July 1, 2016, or the date of accomplishment plan
approval, whichever is later, are eligible for reimbursement unless otherwise
provided in this section. For the
purposes of administering appropriations and legislatively authorized
agreements paid out of the outdoor heritage fund, an expense must be considered
reimbursable by the administering agency when the recipient presents the agency
with an invoice, or binding agreement with the landowner, and the recipient
attests that the goods have been received or the landowner agreement is binding. Periodic reimbursement must be made upon
receiving documentation that the items articulated in the accomplishment plan
approved by the Lessard-Sams Outdoor Heritage Council have been achieved,
including partial achievements as evidenced by progress reports approved by the
Lessard-Sams Outdoor Heritage Council. Reasonable
amounts may be advanced to projects to accommodate cash flow needs, support
future management of acquired lands, or match a federal share. The advances must be approved as part of the
accomplishment plan. Capital equipment
expenditures for specific items in excess of $10,000 must be itemized in and
approved as part of the accomplishment plan.
Subd. 9. Mapping
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Each direct recipient of money
appropriated in this section, as well as each recipient of a grant awarded
pursuant to this section, must provide geographic information to the
Lessard-Sams Outdoor Heritage Council for mapping of any lands acquired in fee with
funds
appropriated in this section and open to public taking of fish and game. The commissioner of natural resources shall
include the lands acquired in fee with money appropriated in this section on
maps showing public recreation opportunities.
Maps must include information on and acknowledgment of the outdoor
heritage fund, including a notation of any restrictions.
Subd. 10. RIM Buffers for Wildlife and Water
Restorations |
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|
The following appropriations to the Board
of Water and Soil Resources for the RIM buffers for wildlife and water program
may be used for restoration of lands acquired by conservation easement with the
appropriations:
(1) Laws 2015, First Special Session
chapter 2, article 1, section 2, subdivision 2, paragraph (f);
(2) Laws 2014, chapter 256, article 1,
section 2, subdivision 2, paragraph (f);
(3) Laws 2013, chapter 137, article 1,
section 2, subdivision 2, paragraph (e);
(4) Laws 2012, chapter 264, article 1,
section 2, subdivision 2, paragraph (a); and
(5) Laws 2011, First Special Session
chapter 6, article 1, section 2, subdivision 2, paragraph (c).
Subd. 11. Carryforward
of Appropriation |
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(a) The availability of the appropriation
in Laws 2013, chapter 137, article 1, section 2, subdivision 5, paragraph (b),
for Habitat Protection in Dakota County -
Phase IV is extended to June 30, 2017.
(b) Paragraph (a) is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2014, section 97A.056, subdivision 2, is amended to read:
Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
(1) two public members appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration;
(2) two public members appointed by the speaker of the house;
(3) four public members appointed by the governor;
(4) two members of the senate appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; and
(5) two members of the house of representatives appointed by the speaker of the house.
(b) Members appointed under paragraph (a) must not be registered lobbyists. In making appointments, the governor, senate Subcommittee on Committees of the Committee on Rules and Administration, and the speaker of the house shall consider geographic balance, gender, age, ethnicity, and varying interests including hunting and fishing. The governor's appointments to the council are subject to the advice and consent of the senate.
(c) Public members appointed under paragraph (a) shall have practical experience or expertise or demonstrated knowledge in the science, policy, or practice of restoring, protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife.
(d) Legislative members appointed under paragraph (a) shall include the chairs of the legislative committees with jurisdiction over environment and natural resources finance or their designee, one member from the minority party of the senate, and one member from the minority party of the house of representatives.
(e) Public members serve four-year terms. Appointed legislative members serve at the pleasure of the appointing authority. Public and legislative members continue to serve until their successors are appointed. Public members shall be initially appointed according to the following schedule of terms:
(1) two public members appointed by the governor for a term ending the first Monday in January 2011;
(2) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2011;
(3) one public member appointed by the speaker of the house for a term ending the first Monday in January 2011;
(4) two public members appointed by the governor for a term ending the first Monday in January 2013;
(5) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2013; and
(6) one public member appointed by the speaker of the house for a term ending the first Monday in January 2013.
(f) Terms, compensation, and removal of public members are as provided in section 15.0575. A vacancy on the council may be filled by the appointing authority for the remainder of the unexpired term.
(g) The first meeting of the council
shall be convened by the chair of the Legislative Coordinating Commission no
later than December 1, 2008. Members
shall elect a chair, vice-chair, secretary, and other officers as determined by
the council. The chair may convene
meetings as necessary to conduct the duties prescribed by this section.
(h) Upon coordination with The
Legislative Coordinating Commission, the council may appoint nonpartisan
staff and contract with consultants as necessary to carry out support
the functions of the council. The
council has final approval authority for the hiring of a candidate for
executive director. Up to one
percent of the money appropriated from the fund may be used to pay for
administrative expenses of the council and for compensation and expense
reimbursement of council members.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2014, section 97A.056, subdivision 10, is amended to read:
Subd. 10. Restoration
and enhancements evaluations. The
commissioner of natural resources and the Board of Water and Soil Resources may
must convene a technical evaluation panel comprised of five members,
including one technical representative from the Board of Water and Soil
Resources, one technical representative from the
Department
of Natural Resources, one technical expert from the University of Minnesota or
the Minnesota State Colleges and Universities, and two representatives with
expertise in the project being evaluated.
The board and the commissioner may add a technical representative from a
unit of federal or local government. The
members of the technical evaluation panel may not be associated with the
restoration or enhancement, may vary depending upon the projects being
reviewed, and shall avoid any potential conflicts of interest. Each year, the board and the commissioner may
assign a coordinator to identify a sample of up to ten habitat
restoration or enhancement projects completed with outdoor heritage
funding. The coordinator shall secure
the restoration plans for the projects specified and direct the
technical evaluation panel to evaluate the restorations and enhancements
relative to the law, current science, and the stated goals and standards in the
restoration project plan and, when applicable, to the Board of
Water and Soil Resources' native vegetation establishment and enhancement
guidelines. The coordinator shall
summarize the findings of the panel and provide a report to the chair of the
Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of
representatives and senate policy and finance committees with jurisdiction over
natural resources and spending from the outdoor heritage fund. The report shall determine if the
restorations and enhancements are meeting planned goals, any problems
with the implementation of restorations and enhancements, and, if
necessary, recommendations on improving restorations and enhancements. The report shall be focused on improving
future restorations and enhancements.
At least one-tenth of one percent of forecasted receipts from the
outdoor heritage fund must be used for restoration and enhancements
evaluations under this section.
Sec. 5. Laws 2015, First Special Session chapter 2, article 1, section 2, subdivision 2, is amended to read:
Subd. 2. Prairies
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40,948,000 |
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(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase VII |
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$4,570,000 in the first year is to the commissioner of natural resources to acquire land in fee for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in fee for scientific and natural area purposes under Minnesota Statutes, section 86A.05, subdivision 5. Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie. A list of proposed land and permanent conservation easement acquisitions must be provided as part of the required accomplishment plan.
(b) Accelerating Wildlife Management Area Acquisition - Phase VII |
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$7,452,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to acquire land in fee for wildlife management area purposes under Minnesota Statutes, section 86A.05, subdivision 8. Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie. A list of proposed land acquisitions must be provided as part of the required accomplishment plan.
(c)
Minnesota Prairie Recovery Project - Phase VI |
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$4,032,000 in the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy to acquire native prairie, wetlands, and savanna and restore and enhance grasslands, wetlands, and savanna. Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie. Annual income statements and balance sheets for income and expenses from land acquired with this appropriation must be submitted to the Lessard-Sams Outdoor Heritage Council no later than 180 days following the close of The Nature Conservancy's fiscal year. A list of proposed land acquisitions must be provided as part of the required accomplishment plan and must be consistent with the priorities identified in the Minnesota Prairie Conservation Plan.
(d) Northern
Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase |
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$3,430,000 in the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy in cooperation with the United States Fish and Wildlife Service to acquire land in fee or permanent conservation easements within the Northern Tallgrass Prairie Habitat Preservation Area in western Minnesota for addition to the Northern Tallgrass Prairie National Wildlife Refuge. Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie. A list of proposed land acquisitions must be provided as part of the required accomplishment plan and must be consistent with the priorities in the Minnesota Prairie Conservation Plan.
(e) Accelerated Native Prairie Bank Protection - Phase IV |
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$3,740,000 in the first year is to the commissioner of natural resources to implement the Minnesota Prairie Conservation Plan through the acquisition of permanent conservation easements to protect native prairie and grasslands. Up to $165,000 is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the