Journal of the House - 17th Day - Thursday, February 17, 2005

A quorum was present.

Erickson, Hackbarth, Kahn, Meslow, Penas and Sviggum were excused.

The Chief Clerk proceeded to read the Journal of the preceding day. Garofalo moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 450

REPORTS OF STANDING COMMITTEES

Dorman from the Committee on Capital Investment to which was referred:

H. F. No. 3, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; making adjustments to previous bond authorizations; authorizing sale of state bonds; appropriating money; amending Minnesota Statutes 2004, sections 16A.661, by adding a subdivision; 16A.662, by adding a subdivision; 16A.671, subdivision 3; 116J.571; 116J.572, subdivision 2; 116J.573, subdivisions 1, 2, 4, 5; 116J.575, subdivision 1; 116P.08, subdivision 2; 136F.60, by adding a subdivision; 446A.14, subdivision 1; Laws 1998, chapter 404, section 23, subdivision 17, as amended; Laws 2002, chapter 393, section 19, subdivision 2; Laws 2003, First Special Session chapter 20, article 1, section 15; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 2004, section 16B.325.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"ARTICLE 1

APPROPRIATIONS AND RELATED LANGUAGE

Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.]

The sums in the column under "APPROPRIATIONS" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent for public purposes. Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire and better public land and buildings and other public improvements of a capital nature, or as authorized by the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or article XIV. Unless otherwise specified, the appropriations in this act are available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

SUMMARY

UNIVERSITY OF MINNESOTA $89,373,000

MINNESOTA STATE COLLEGES AND UNIVERSITIES 154,762,000

PERPICH CENTER FOR ARTS EDUCATION 1,083,000

EDUCATION 3,054,000

MINNESOTA STATE ACADEMIES 4,255,000

NATURAL RESOURCES 72,900,000

POLLUTION CONTROL AGENCY 14,000,000

OFFICE OF ENVIRONMENTAL ASSISTANCE 4,000,000

BOARD OF WATER AND SOIL RESOURCES 27,362,000

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 451

AGRICULTURE 5,470,000

ZOOLOGICAL GARDEN 15,000,000

ADMINISTRATION 8,500,000

CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 1,870,000

MILITARY AFFAIRS 5,000,000

VETERANS AFFAIRS 670,000

TRANSPORTATION 82,500,000

METROPOLITAN COUNCIL 19,850,000

HUMAN SERVICES 25,873,000

VETERANS HOMES BOARD 5,406,000

CORRECTIONS 106,394,000

EMPLOYMENT AND ECONOMIC DEVELOPMENT 115,380,000

HOUSING FINANCE AGENCY 10,000,000

MINNESOTA HISTORICAL SOCIETY 6,000,000

GRANTS TO POLITICAL SUBDIVISIONS 37,324,000

BOND SALE EXPENSES 785,000

TOTAL $816,811,000

Bond Proceeds Fund

(General Fund Debt Service) 731,252,000

Bond Proceeds Fund

(User Financed Debt Service) 33,559,000

State Transportation Fund

Bond Proceeds Account 50,000,000

APPROPRIATIONS

Sec. 2. UNIVERSITY OF MINNESOTA

Subdivision 1. To the Board of Regents of the University of

Minnesota for the purposes specified in this section 89,373,000

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 452

APPROPRIATIONS

Subd. 2. Higher Education Asset Preservation and Replacement

(HEAPR) 38,000,000

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

Subd. 3. Duluth Campus Life Science Building 9,300,000

To design, renovate, furnish, and equip the Life Science Building for the pharmacy program and other academic programs on the Duluth campus. The renovation may include, but is not limited to, improvements to correct air quality problems, life safety and accessibility code deficiencies, asbestos, and fireproofing of the facility.

Subd. 4. Morris Campus District Heating Facilities 2,890,000

To design, construct, furnish, and equip an addition to the heating plant to provide the capacity to generate steam by burning biomass.

Of this amount, $100,000 is to construct a football stadium to be shared with the Morris School District.

Subd. 5. Twin Cities Campus

(a) Kolthoff Hall 16,000,000

To design, renovate, furnish, and equip Kolthoff Hall on the Minneapolis Campus, including the correction of air quality problems in the facility that may include, but is not limited to, repair or replacement of the mechanical, electrical, and HVAC systems.

(b) Education Sciences 13,300,000

To design, renovate, furnish, and equip the Education Sciences Building on the Minneapolis Campus.

To design, renovate, furnish, and equip classrooms in the academic health care facility on the Minneapolis Campus to provide flexible space, including computer-based testing facilities, computer labs, and simulation facilities for health professional education.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 453

APPROPRIATIONS

Subd. 6. North Central Research and Outreach Center 283,000

To construct a building at the North Central Outreach Center at Grand Rapids to accommodate the farm machinery repair, maintenance, and carpentry shops.

Subd. 7. University Funding

The Board of Regents shall provide nonstate funding for remaining costs associated with projects authorized by subdivisions 3 to 6. The state appropriations for subdivisions 3 to 6 are intended to cover two-thirds of the cost of each project.

Sec. 3. MINNESOTA STATE COLLEGES AND UNIVERSITIES

Subdivision 1. To the Board of Trustees of the Minnesota State

Colleges and Universities for the purposes specified in this section 154,762,000

Subd. 2. Higher Education Asset Preservation and Replacement 49,000,000

This appropriation is for the purposes specified in Minnesota Statutes, section 135A.046, including safety and statutory compliance, envelope integrity, mechanical systems, and space restoration.

Subd. 3. Anoka Ramsey Community College - Cambridge 9,650,000

To design, construct, furnish, and equip an addition to the main campus building, and to remodel the main campus building for a science laboratory and academic support center.

Subd. 4. Central Lakes College 4,480,000

To design, construct, furnish, and equip heavy equipment shop space at the Staples West Campus.

Subd. 5. Century Community and Technical College 4,500,000

To remodel, furnish, and equip recently purchased space into a technology center, offices, and smart classrooms.

Subd. 6. Dakota Technical College 1,200,000

To remodel, furnish, and equip the west side of the main campus facility for an information technology and telecommunications upgrade, an integrated library and library information technology center, science lab, and preparatory space and asset preservation.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 454

APPROPRIATIONS

Subd. 7. Inver Hills Community College 4,500,000

To construct, furnish, and equip an addition to and remodel space in the College Center Building with a focus on classrooms.

Subd. 8. Lake Superior College 8,300,000

To construct an addition for high-tech classrooms and open computer labs. The project may also include space for work force development, offices, and student life programs.

Subd. 9. Minnesota State Community and Technical College -

Fergus Falls 7,000,000

To design, construct, furnish, and equip an addition for fine arts, technology, and student services, and to design, remodel, furnish, and equip general and interactive television classrooms.

Subd. 10. Minnesota State Community and Technical College-Moorhead 6,500,000

To construct, furnish, and equip an addition for allied health and construction trades and renovate space for student services. The project includes boiler replacement, upgrades to storage, mechanical and electrical needs, correction of life safety and building code violations, demolition of temporary buildings, and construction of additional parking spaces.

Subd. 11. Minnesota State University - Moorhead 9,645,000

To renovate, furnish, and equip Hagen Hall for classrooms, science laboratories, and related offices.

Subd. 12. Riverland Community and Technical College 5,100,000

To design, remodel, furnish, and equip existing space into labs and classrooms at the Austin and Albert Lea Campuses.

Subd. 13. Rochester Community and Technical College 10,945,000

To design, renovate, furnish, and equip the vacant Rockenbach gymnasium, part of the Heintz Center, and part of the main campus buildings into a health science center to colocate nursing programs, expand the dental clinic, and create a community primary care clinic.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 455

APPROPRIATIONS

Subd. 14. St. Cloud State University 3,800,000

(a) $2,900,000 is to remodel, furnish, and equip Centennial Hall to convert it from a library to classroom and office space. This appropriation is added to the appropriation in Laws 2003, First Special Session chapter 20, article 1, section 3, subdivision 16.

(b) $900,000 is to design, through construction documents, renovation of an addition to Brown Hall, and Math and Science Hall, for science and health care instruction.

Subd. 15. St. Cloud Technical College 12,960,000

To design, construct, furnish, and equip a building addition and to renovate, furnish, and equip classroom space into science space for allied health programs and the colocation of a workforce center.

Subd. 16. South Central Technical College 4,747,000

To remodel, furnish, and equip teaching laboratories at the North Mankato Campus and for asset preservation at the Faribault Campus.

Subd. 17. Winona State University 10,235,000

To design, renovate, furnish, and equip Pasteur Hall for classrooms, science laboratories, and related offices.

Subd. 18. Systemwide Renovations

(a) Science Lab 900,000

To design, renovate, furnish, and equip science laboratories at campuses statewide.

(b) Technology Updated Classrooms 1,000,000

To renovate and equip classrooms with learning technology at campuses statewide.

To acquire real property near state college and university campuses.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 456

APPROPRIATIONS

Subd. 19. Debt Service

(a) The board shall pay the debt service on one-third of the principal amount of state bonds sold to finance projects authorized by this section, except for higher education asset preservation and replacement in subdivision 2. After each sale of general obligation bonds, the commissioner of finance shall notify the board of the amounts assessed for each year for the life of the bonds.

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

Sec. 4. PERPICH CENTER FOR ARTS EDUCATION

Subdivision 1. To the commissioner of administration for the

purposes specified in this section 1,083,000

Subd. 2. Campus Asset Preservation 558,000

For asset preservation capital improvements on the campus including, but not limited to, bathroom renovation, construction or repair of perimeter fencing, sidewalks, roads, sewers, the addition of an air conditioning chiller, and mold abatement.

Subd. 3. Beta Building Demolition 525,000

To demolish the Beta Building on the Perpich Center Campus, dispose of any hazardous materials, and fill the site.

Sec. 5. EDUCATION

Subdivision 1. To the commissioner of education for the amounts specified in this section 3,054,000

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 457

APPROPRIATIONS

Subd. 2. East Metro Integration District 1,054,000

To the commissioner of education for a grant to Joint Powers District No. 6067, East Metro Integration District, to repay a loan from Independent School District No. 625, St. Paul, that was used to complete acquiring land for the site of Crosswinds Arts and Science Middle School. This appropriation is added to the appropriations in Laws 1998, chapter 404, section 5, subdivision 5; Laws 1999, chapter 240, article 1, section 3; Laws 2000, chapter 492, article 1, section 5, subdivision 2; and Laws 2001, First Special Session chapter 12, section 2, subdivision 2, for the same project.

Subd. 3. Library Capital Improvement Grants 2,000,000

For library capital improvement grants under Minnesota Statutes, section 134.45.

Sec. 6. MINNESOTA STATE ACADEMIES 4,255,000

To the commissioner of administration for asset preservation capital improvements on both campuses of the Minnesota State Academies for the Deaf and the Blind.

Sec. 7. NATURAL RESOURCES

Subdivision 1. To the commissioner of natural resources for

the purposes specified in this section 72,900,000

Subd. 2. Flood Hazard Mitigation Grants 21,000,000

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

Of this amount, $2,000,000 is for the Austin flood. For identified capital improvement projects, and any other authorized federal or state flood mitigation projects providing all or part of the 100-year flood protection for the cities in the area designated under Presidential Declaration of Major Disaster, DR-1569, whether included in the original declaration or added later by federal government action. The area currently included in DR-1569 includes territory within the counties of Dodge, Faribault, Freeborn, Martin, Mower, Olmsted, and Steele.

$175,000 of this amount is for the state share of a grant to the city of Cannon Falls.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 458

APPROPRIATIONS

For grants for the Roseau River Wildlife Management Area, Palmville, and Malung, the state share must be $3 for each $1 of nonstate contribution.

To the extent that the cost of the projects in Montevideo, Breckenridge, East Grand Forks, Ada, Roseau, Warren, Oakport Township, Granite Falls, and Dawson exceed two percent of the median household income in the municipality multiplied by the number of households in the municipality, this appropriation is also for the local share of the project.

There is no local share required for the Canisteo Mine project.

Subd. 3. Dam Renovation and Removal 1,400,000

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

$200,000 of this amount is to remove the dam on Rush Creek in Chisago County, restore the river channel and floodplain, and construct off-channel ponds for storm water retention and recreation.

$500,000 of this amount is for a grant to Blue Earth County for repair of the bridge deck at Rapidan dam, and which is exempt from the local match requirement under Minnesota Statutes, section 103G.511.

$50,000 of this amount is to repair the Vermillion River dam in St. Louis County.

Of this amount, $400,000 is for a grant to the Shellrock River Watershed District to replace the dam on the Shellrock River.

Subd. 4. RIM - Critical Habitat Match 3,000,000

To provide the state match for the critical habitat private sector matching account under Minnesota Statutes, section 84.943, for the acquisition or improvements of a capital nature for critical fish, wildlife, and native plant habitats.

Subd. 5. RIM - Wildlife Area Land Acquisition 12,000,000

To acquire land for wildlife management area purposes under Minnesota Statutes, section 86A.05, subdivision 8.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 459

APPROPRIATIONS

Subd. 6. Fisheries Acquisition and Improvement 1,050,000

To acquire land and interests in land for aquatic management areas and to make public improvements and betterments of a capital nature to aquatic management areas established under Minnesota Statutes, section 86A.05, subdivision 14.

Subd. 7. Water Access Acquisition, Betterment, and Fishing Piers 2,500,000

For public water access acquisition, construction, and renovation to capital projects on lakes and rivers, including water access through the provision of fishing piers and shoreline access under Minnesota Statutes, section 86A.05, subdivision 9.

Subd. 8. Stream Protection and Restoration 500,000

For the design and construction of trout stream restoration projects.

Subd. 9. Reforestation 1,000,000

As authorized under the Minnesota Constitution, article XI, section 5, clause (f), to increase reforestation activities to meet the reforestation requirements of Minnesota Statutes, section 89.002, subdivision 2, including planting, seeding, site preparation, and purchasing tree seeds and seedlings.

Subd. 10. Metro Greenways and Natural Areas 1,000,000

To provide grants to local units of government for acquisition or betterment of greenways and natural areas in the metro region and to acquire greenways and natural areas in the metro region through the purchase of conservation easements or fee titles. The commissioner shall determine the project priorities and shall consult with representatives of local units of government, nonprofit organizations, and other interested parties.

Subd. 11. Native Prairie Bank Easements and Development 1,000,000

For acquisition of native prairie bank easements under Minnesota Statutes, section 84.96, and for betterment of prairie bank lands.

Subd. 12. Scientific and Natural Area Acquisition and Development 300,000

To acquire land for scientific and natural areas and for development, protection, or improvements of a capital nature to scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 460

APPROPRIATIONS

Subd. 13. State and Local Trail Rehabilitation, Development

and Acquisition 8,500,000

To acquire land for and develop and rehabitate state trails as specified in Minnesota Statutes, section 85.015.

Of this amount:

$1,500,000 for the Blazing Star Trail;

$200,000 is for a grant under Minnesota Statutes, section 85.019, subdivision 4c, to the city of Bloomington to remove the old Cedar Avenue bridge in preparation for a hiking and bicycling trail connection.

$500,000 is for a grant to Hennepin County for the Cedar Lake Trail.

$500,000 for the Glacial Lakes Trail from New London to Paynesville.

$200,000 is for acquisition and development of the Goodhue Pioneer Trail.

$300,000 for the Heartland Trail.

$150,000 is for a grant to Stearns County for the Lake Koronis Recreational Trail.

$700,000 is for a grant to the St. Louis and Lake Counties Regional Railroad Authority to complete construction of Mesabi Station along the 132-mile recreational trail known as Mesabi Trail and located in St. Louis County near marked U.S. Highway 53. This appropriation is dependent upon a matching contribution of $800,000 from other sources, public or private.

$500,000 for work on a link of the Mill Towns State Trail between the Cannon Valley Trail and the Sakatah Singing Hills State Trail.

$115,000 for necessary modifications and upgrades on the North Shore Trail.

$1,500,000 is for extension across Excelsior Road to connect with the Oberstar Tunnel on the Paul Bunyan Trail.

$435,000 is for development of the Preston-Forestville segment of the Blufflands Trail system.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 461

APPROPRIATIONS

$450,000 is for design, acquisition, and construction of the segment of the Shooting Star Trail from Leroy to Rose Creek.

$500,000 is for a grant to the city of St. Louis Park to design and construct a grade-separated pedestrian and trail crossing over Hennepin County State-Aid Highway (CSAH) 25 near Belt Line Boulevard in St. Louis Park. The grant is under the program in Minnesota Statutes, section 85.019, subdivision 4c.

$220,000 is for a matching grant to Stearns County Trail to link the Lake Wobegon Trail to the Central Lakes State Trail.

$340,000 for design and construction of the continuous ATV and OHV trail authorized under Laws 2003, chapter 128, article 1, section 169. The debt service costs on the bonds sold to finance this project must be paid to the commissioner of finance as required under Minnesota Statutes, section 16A.643, as follows: ten percent from the dedicated off-highway motorcycle account in the natural resources fund under Minnesota Statutes, section 84.794, and 90 percent from the dedicated all-terrain vehicle account in the natural resources fund under Minnesota Statutes, section 84.927.

Subd. 14. Fish Hatchery Improvements 1,700,000

For improvements of a capital nature to renovate fish culture facilities.

Subd. 15. RIM - Wildlife Management Area Development 600,000

For improvements of a capital nature to develop, protect, or improve habitat and facilities on wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8.

Subd. 16. State Forest Land Acquisition 850,000

To acquire, in fee and easement, private lands from willing sellers within established boundaries of state forests established under Minnesota Statutes, section 89.021, and within Forest Legacy areas established under United States Code, title 16, section 2103c.

Subd. 17. Forest Road and Bridge Projects 300,000

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 462

APPROPRIATIONS

Subd. 18. State Park and Recreation Area Acquisition 3,000,000

For acquisition of land under Minnesota Statutes, section 86A.05, subdivisions 2 and 3, from willing sellers of private lands within state park and recreation area boundaries established by law.

Subd. 19. State Park and Recreation Area Building

Development and Rehabilitation and Infrastructure Improvements 2,750,000

For construction, rehabilitation, and infrastructure improvements within Minnesota state parks and state recreation areas according to the management plan required in Minnesota Statutes, chapter 86A.

Subd. 20. Lake Superior Safe Harbor 1,800,000

For design, construction, and capital improvements to public accesses and small craft harbors on Lake Superior in cooperation with the United States Army Corps of Engineers, and to purchase buildings, piers, and capital equipment from Lake County.

Subd. 21. Statewide Asset Preservation 2,000,000

For asset preservation improvements and betterments at Department of Natural Resources buildings statewide, including removal of life safety hazards and structural defects; elimination or containment of hazardous materials; code compliance improvements; accessibility improvements; replacement or renovation of roofs, windows, tuckpointing, and structural members; and improvements necessary to preserve the interior and exterior of buildings and other infrastructure.

Subd. 22. Field Office Renovation and Improvement 300,000

To design, acquire, renovate, construct, furnish, and equip field offices.

Subd. 23. Lake Superior Zoo 400,000

For a grant to the city of Duluth to design and construct facility improvements at the Lake Superior Zoo. This appropriation is available when matched by $1 of money secured or provided by the city of Duluth for each $1 of state money.

Subd. 24. Local Initiative Grants 1,100,000

For local parks and natural and scenic areas grants under Minnesota Statutes, section 85.019, subdivisions 2 and 4a. Projects related to replacement of urban forests are eligible for funding under this subdivision.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 463

APPROPRIATIONS

Subd. 25. Nonmetro Regional Parks 4,850,000

For acquisition and betterment of regional parks located outside the seven-county metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2. At least $900,000 of this amount must be allocated to the central Minnesota Regional Parks and Trails Coordination Board under Minnesota Statutes, sections 85.50 to 85.52.

For grants made under this subdivision, each $3 of state grants must be matched by $2 of nonstate funds.

Sec. 8. POLLUTION CONTROL AGENCY 14,000,000

To the Pollution Control Agency to design and construct remedial systems and acquire land at landfills throughout the state in accordance with the closed landfill program under Minnesota Statutes, section 115B.39.

Sec. 9. OFFICE OF ENVIRONMENTAL ASSISTANCE 4,000,000

To the Office of Environmental Assistance for the solid waste capital assistance grants program under Minnesota Statutes, section 115A.54.

$2,000,000 is for a grant to the city of Red Wing.

$2,000,000 is for a grant to Olmsted County.

Sec. 10. BOARD OF WATER AND SOIL RESOURCES

Subdivision 1. To the Board of Water and Soil Resources for the purposes specified in this section 27,362,000

Subd. 2. RIM and CREP Conservation Easements 23,000,000

This appropriation is to acquire conservation easements from landowners on marginal lands to protect soil and water quality and to support fish and wildlife habitat as provided in Minnesota Statutes, section 103F.515.

The board must absorb the administrative costs of this program.

Subd. 3. Wetland Replacement Due to Public Road Projects 4,362,000

To acquire land for wetlands or restore wetlands to be used to replace wetlands drained or filled as a result of the repair, maintenance, or rehabilitation of existing public roads as required by Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (k) and (l).

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 464

APPROPRIATIONS

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

Sec. 11. AGRICULTURE

Subdivision 1. To the commissioner of agriculture or other named agencies for the purposes specified in this section 5,470,000

Subd. 2. Agriculture Water Management Research Partnership 570,000

To the Board of Regents of the University of Minnesota to establish or expand agricultural water management projects at the Crookston, Morris, Lamberton, and Waseca Research and Outreach Centers in partnership with the Department of Agriculture.

Subd. 3. Joint Plant Pathology Research Facility 4,900,000

To design, construct, furnish, and equip a level 3 plant biological control containment research facility on the University of Minnesota St. Paul Campus, in consultation with the University.

Sec. 12. MINNESOTA ZOOLOGICAL GARDEN

Subdivision 1. To the Minnesota Zoological Garden for the purposes specified in this section 15,000,000

Subd. 2. Phase 1 of Master Plan 9,000,000

To design, construct, furnish, and equip zoo facilities consistent with the current Master Plan for the Gateway to the North exhibit.

Subd. 3. Asset Preservation 6,000,000

For capital asset preservation improvements and betterments to roofs, mechanical and utility systems, roads and pathways, building envelopes, storm water systems, exhibits, and safety and code compliance upgrades.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 465

APPROPRIATIONS

Sec. 13. ADMINISTRATION

Subdivision 1. To the commissioner of administration for the purposes specified in this section. 8,500,000

Subd. 2. Exterior repair of Transportation Building 3,000,000

To repair and renovate the exterior of the Department of Transportation Building at 395 John Ireland Boulevard in St. Paul.

Subd. 3. Capital Asset Preservation and Replacement Account (CAPRA) 3,000,000

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

Of this amount, $350,000 is to design and construct a vault outside of the State Office Building to house the building's electrical transformers and to relocate the transformers to the exterior vault.

Subd. 4. Asset Preservation 2,500,000

Sec. 14. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 1,870,000

To the commissioner of administration, for repair and restoration of the public corridors, walls, and ceilings of the third floor and the dome of the Capitol Building in St. Paul.

Sec. 15. MILITARY AFFAIRS

Subdivision 1. To the adjutant general for the purposes specified in this section 5,000,000

Subd. 2. Asset Preservation 4,000,000

For asset preservation improvements, Americans With Disabilities Act upgrades, and betterments of a capital nature at military affairs facilities statewide.

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

For life-safety improvements and correcting code deficiencies at military affairs facilities statewide.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 466

APPROPRIATIONS

Sec. 16. VETERANS AFFAIRS 670,000

To the commissioner of administration to complete construction of the World War II veterans' memorial on the Capitol mall. This is the final state appropriation for the project and is contingent on sufficient nonstate funds being received and deposited into a segregated account for perpetual maintenance of the memorial.

Sec. 17. TRANSPORTATION

Subdivision 1. To the commissioner of transportation for the purposes specified in this section 82,500,000

Subd. 2. Local Bridge Replacement and Rehabilitation 50,000,000

This appropriation is from the bond proceeds account in the state transportation fund.

The commissioner shall spend this appropriation as grants to political subdivisions for the replacement, rehabilitation, and repair of key bridges on the state transportation system. The commissioner shall make these grants in accordance with and for the purposes of Minnesota Statutes, section 174.50.

Subd. 3. Local Road Improvement Program 18,500,000

The commissioner shall deposit this amount in the local road improvement fund for allocation as follows:

(1) $12,500,000 is for deposit in the local road account for routes of regional significance to be spent as grants for the purposes of Minnesota Statutes, section 174.52, subdivision 4.

Of this amount, $2,500,000 is for grants to counties to assist in paying the costs of capital improvement projects that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage on county state-aid highways, under new Minnesota Statutes, section 174.52, subdivision 4a.

(2) $6,000,000 is for deposit in the trunk highway corridor projects account to be spent as grants for the purposes of Minnesota Statutes, section 174.52, subdivision 2.

Subd. 4. Port Development Assistance 1,000,000

For the purposes of the port development program under Minnesota Statutes, chapter 457A.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 467

APPROPRIATIONS

Subd. 5. Northstar Commuter Rail 10,000,000

For final design and project management of a commuter rail line serving Big Lake to downtown Minneapolis; to acquire land for stations, maintenance facilities, and park and ride lots; and for final design and project management of an extension of the Hiawatha Light Rail Transit Line from its terminus in downtown Minneapolis to a new terminus near Fifth Avenue North adjacent to the proposed downtown Minneapolis commuter rail station.

This appropriation is not available until $2,000,000 has been committed by local governments and approval to proceed to final design has been authorized by the Federal Transit Administration.

Up to $2,000,000 of this appropriation may be used for final design and project management.

After a full-funding grant agreement has been executed with the Federal Transit Administration for the Northstar Commuter Rail Project, the remaining balance of this appropriation not committed for final design and project management or committed to acquire land shall be available to construct, furnish, and equip the Northstar Commuter Rail Line and to construct, furnish, and equip the extension of the light rail transit line.

Subd. 6. Rail Service Improvement 3,000,000

For transfer to the rail service improvement account under Minnesota Statutes, section 222.49.

$500,000 of this amount is for the Canadian National Railroad for the Western Mesabi Mine planning project including the Canisteo railroad project.

$100,000 of this amount is for the city of Golden Valley to reconstruct the Canadian Pacific Railroad bridge crossing, including associated storm sewer work.

Sec. 18. METROPOLITAN COUNCIL

Subdivision 1. To the Metropolitan Council for the purposes specified in this section 19,850,000

Subd. 2. Cedar Avenue Bus Rapid Transit (BRT) 10,000,000

For environmental studies, preliminary engineering, bus lane improvements, and transit station construction and improvements for Cedar Avenue bus rapid transit between the Mall of America in Bloomington and the cities of Eagan, Apple Valley, and Lakeville.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 468

APPROPRIATIONS

Subd. 3. Central Corridor Transit Way 1,000,000

For design, final environmental impact statement, and preliminary engineering of the Central Corridor Transit Way between St. Paul and the city of Minneapolis.

Subd. 4. Metropolitan Regional Parks Capital Improvements 8,850,000

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

Of this amount:

(1) $50,000 is for a grant to the Minneapolis Park and Recreation Board to predesign completion of the Grand Rounds National Scenic Byway by providing a link between northeast Minneapolis on Stinson Boulevard and southeast Minneapolis at East River Road.

(2) $300,000 is for a grant to the city of St. Paul to predesign and design renovation of the Como Park Zoo.

(3) $3,000,000 is for a grant to the city of St. Paul to design and construct river's edge improvements and redevelop a public park on Raspberry Island.

(4) $500,000 is for a grant to the city of South St. Paul for the closure, capping, and remediation of approximately 80 acres of the Port Crosby construction and demolition debris landfill in South St. Paul, as the fourth phase of converting the land into parkland, and to restore approximately 80 acres of riverfront land along the Mississippi River.

Sec. 19. HUMAN SERVICES

Subdivision 1. To the commissioner of administration for the purposes specified in this section 25,873,000

Subd. 2. St. Peter Regional Treatment Center Sex Offender Facility 3,259,000

To design new facilities for up to 150 beds for the treatment of sex offenders in the Minnesota sexual offender program at the St. Peter Regional Treatment Center.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 469

APPROPRIATIONS

Subd. 3. Forensic Nursing Facility 12,600,000

The forensic nursing facility must be located at the Ah Gwah Ching state-owned nursing home site, and it must be operated by a public entity. The state must not enter into a lease or management agreement with a private entity to operate the facility.

Subd. 4. Systemwide - Campus Redevelopment/Reuse/Demolition 6,000,000

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

Of this amount $900,000 is to: demolish buildings; predesign, design, renovate, construct, furnish, and equip buildings at the Willmar Regional Treatment Center for reuse; and renovate campus support buildings and campus infrastructure, including tunnels. These projects are to develop the Willmar Regional Treatment Center campus for health care, mental health care, chemical dependency treatment, housing, and other public purposes and must be implemented consistent with the recommendations in the final Willmar Regional Treatment Center Master Plan and Reuse Study prepared and approved under Laws 2003, First Special Session chapter 14, article 6, section 64, subdivision 2, unless expressly provided otherwise.

Up to $100,000 of this appropriation is for grants to cities, towns, and counties for grave markers or memorial monuments for unmarked graves at the cemeteries of former or current state hospitals or regional treatment centers. The grants are to purchase and place individual cemetery grave markers, or memorial monuments when burial locations are unknown, that include the available names of individuals, at the cemeteries of former or current regional treatment centers or state hospitals and within the boundaries of the city, county, or town awarded the grant. An individual monument must not be placed if the family of the deceased resident objects to the placement of the monument. A grantee must consult with members of local service or charitable organizations, members of the local business community, persons with mental illness or developmental disabilities or their representatives; and, to the extent possible, with former residents of the regional treatment center or state hospital, family members of deceased residents of the regional treatment center or state hospital, and current or former employees of the regional treatment center or state hospital. Appropriations for grave markers must be matched by nonstate funds.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 470

APPROPRIATIONS

Subd. 5. Systemwide Roof Renovation and Replacement 1,014,000

For renovation and replacement of roofs at Department of Human Services facilities statewide.

Subd. 6. Systemwide Asset Preservation 3,000,000

Sec. 20. VETERANS HOMES BOARD

Subdivision 1. To the commissioner of administration for the purposes specified in this section 5,406,000

Subd. 2. Asset Preservation 5,000,000

For asset preservation improvements and betterments of a capital nature at veterans homes statewide.

Subd. 3. Luverne Dementia Wander Area 306,000

For a structural addition to the Luverne Veterans Home to be used as an Alzheimers wander area.

Subd. 4. Willmar Veterans Nursing Home 100,000

For predesign of a Veterans Nursing Home on the Willmar Regional Treatment Center Campus, that may include a veterans geriatric behavioral program.

Sec. 21. CORRECTIONS

Subdivision 1. To the commissioner of administration for the purposes specified in this section 106,394,000

Subd. 2. Minnesota Correctional Facility - Faribault Expansion 84,844,000

To design, construct, furnish, and equip a bed expansion at the Minnesota Correctional Facility - Faribault, to include, but not be limited to, three new 416-bed, double-bunked wet cell lockable living units, a new kitchen and dining area, an expanded health services area, additional programming space, an upgrade to the existing heating plant, and demolition of several buildings and a utility tunnel.

Subd. 3. Minnesota Correctional Facility - Stillwater 10,000,000

To design, construct, furnish, and equip a new 150-bed high security segregation unit to improve staff safety and accommodate increased inmate population, including the remodeling of the discipline and psychology/psychiatry unit, the demolition of the former health services building, and the removal of walls dividing Cell Hall A/West and Cell Hall A/Segregation.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 471

APPROPRIATIONS

Subd. 4. Asset Preservation 11,000,000

For improvements and betterments of a capital nature at Minnesota correctional facilities statewide, including, but not limited to, emergency lighting projects, roof and window replacement, tuckpointing, and asbestos abatement.

Subd. 5. Minnesota Correctional Facility - Willow River 350,000

To purchase, furnish, equip, and prepare foundation and utilities for a new 24-bed prefabricated building. The commissioner may use this funding and any other state or federal funding that may be available to accommodate up to 75 beds.

Subd. 6. St. Croix Boys and Girls Camp 200,000

To acquire approximately 81 acres, including any improvements, located in Wilma Township in Pine County, as provided in Laws 1981, chapter 354, section 1, as amended by Laws 1988, chapter 407, sections 1 and 2. The property acquired is for use as a challenge incarceration program.

Sec. 22. EMPLOYMENT AND ECONOMIC DEVELOPMENT

Subdivision 1. To the commissioner of employment and economic development or other named agency for the purposes specified in this section 115,380,000

Subd. 2. State Match for Federal Grants 14,380,000

(a) To the public facilities authority:

(1) to match federal grants to the water pollution control revolving fund under Minnesota Statutes, section 446A.07; and

(2) to match federal grants to the drinking water revolving fund under Minnesota Statutes, section 446A.081.

(b) The expenditure and allocation of state matching money between funds described in paragraph (a), clauses (1) and (2), must be based on the amount of federal money appropriated to the funds.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 472

APPROPRIATIONS

Subd. 3. Minnesota Redevelopment Account 20,000,000

For transfer to the Minnesota redevelopment account created in Minnesota Statutes, section 116J.571. This appropriation may be used for grants for eligible projects within the biotechnology and health science zone designated under Minnesota Statutes, section 469.334.

$5,000,000 of the amount available for grants for projects in the metropolitan area is for a grant to the city of Minneapolis to design, acquire, renovate, equip public spaces, and construct public infrastructure at the Midtown Exchange project, formerly the Sears store near Chicago and Lake streets.

$600,000 of the amount available for grants for projects outside the metropolitan area is for a grant to the city of Rushford for the Institute of Technology.

$300,000 of the amount available for grants for projects outside the metropolitan area is for a grant to the city of Worthington for projects to replace infrastructure and repair damage caused by a storm.

Subd. 4. Wastewater Infrastructure Funding Program 29,000,000

(a) To the Public Facilities Authority for grants and loans to eligible municipalities under the wastewater infrastructure program established in Minnesota Statutes, section 446A.072.

To the greatest practical extent, the authority must use the funds for projects on the 2005 project priority list in priority order to qualified applicants that submit plans and specifications to the Pollution Control Agency or receive a funding commitment from USDA rural development before December 1, 2006.

(b) The grants listed in this paragraph are not subject to the 2005 project priority list nor to the limitations on grant amounts in Minnesota Statutes, section 446A.072, subdivision 5a.

$1,500,000 is for a grant to the city of Aurora to reconstruct its wastewater treatment plant, damaged in a May 5, 2004, explosion;

$4,950,000 is for a grant to the city of Duluth for design and construction of sanitary sewer overflow storage facilities at selected locations in the city of Duluth. This appropriation is available when matched by $1 of money secured or provided by the city of Duluth for each $1 of state money.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 473

APPROPRIATIONS

$1,500,000 is for a grant to the city of Two Harbors to retire loans, whether interfund or otherwise, incurred to acquire land for, design, construct, furnish, and equip a 2,500,000 gallon equalization basin and a chlorine-contact tank of at least 100,000 gallon capacity, adjacent to the city's wastewater treatment plant. The equalization basin is required under the city's National Pollution Discharge Elimination System permit. This appropriation is not available until the commissioner of finance determines that $325,000 has been committed to the project from nonstate sources.

$1,550,000 for a grant to the city of Bayport for the Middle St. Croix River Watershed Management Organization to complete the sewer system extending from Minnesota Department of Natural Resources pond 82-310P (the prison pond) in Bayport through the Stillwater prison grounds to the St. Croix River.

$2,500,000 is for a grant to the city of Burnsville to design, construct, furnish, and equip a water treatment facility to provide an additional potable water source for the city of Burnsville using water from the Burnsville quarry. This appropriation is not available until the commissioner of finance has determined that at least $6,000,000 is available in matching money from nonstate sources. Amounts spent since January 1, 2002, to plan, design, and construct this project may be counted as part of the nonstate match.

$2,000,000 is to the commissioner of employment and economic development for a grant to the city of New Brighton to relocate a sanitary sewer interceptor in the Northwest Quadrant to allow for redevelopment of that area.

$5,000,000 is for grants to the cities of Dunnell, Dumont, Henriette, Lewisville, McGrath, and Ostrander to undertake corrective action on systems built since 2001 with federal money from USDA Rural Economic and Community Development. A grant must not exceed the amount of federal money used in the construction of systems that incorporated sand filter treatment, fixed activated sludge treatment, or mechanical package plant treatment technologies.

Subd. 5. Bioscience Development 20,000,000

To predesign, design, construct, furnish, and equip transportation, development, and redevelopment infrastructure required to support bioscience development in Minnesota. Of this amount, $5,000,000 shall be used in St. Paul, $5,000,000 in Minneapolis; $5,000,000 in Rochester; and $5,000,000 in rural Minnesota.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 474

APPROPRIATIONS

Subd. 6. Austin Flood Relief 2,000,000

For grants to assist with the cost of rehabilitation and replacement of publicly owned infrastructure, including storm sewers, wastewater and municipal utility service, drinking water systems, and other infrastructure damaged by flooding in the area designated under Presidential Declaration of Major Disaster, DR‑1569, whether included in the original declaration or added later by federal government action.

This appropriation may also be used to acquire real property substantially damaged by flooding in the area included in DR‑1569.

For the purposes of this appropriation, criteria, limitations, and repayment requirements in Minnesota Statutes, sections 446A.07, 446A.072, and 446A.081, are waived.

Of this amount, $800,000 is for a grant to the city of Austin, $600,000 is for a grant to the city of Albert Lea, $400,000 is for a grant to Freeborn County for work in the Turtle Creek Watershed, and $200,000 is for a grant to the city of Blooming Prairie.

Subd. 7. University of Minnesota - Mayo Clinic Biotechnology Research Facility 20,000,000

To the Board of Regents of the University of Minnesota to purchase three floors in the Stabile Building on the Mayo Clinic Campus in Rochester. The floors are to be used for scientific research beneficial to collaborative research efforts between the University of Minnesota and the Mayo Clinic. The three floors will be owned by the University of Minnesota and operated by the Mayo Clinic through a use agreement approved by the commissioner of finance subject to Minnesota Statutes, section 16A.695.

Subd. 8. Total Maximum Daily Load Grants 10,000,000

To the public facilities authority for total maximum daily load grants under new Minnesota Statutes, section 446A.073.

Sec. 23. HOUSING FINANCE AGENCY 10,000,000

To the commissioner of the Housing Finance Agency for loans and grants for publicly owned permanent rental housing under Minnesota Statutes, section 462A.202, subdivision 3a, for persons who have been without a permanent residence for at least 12 months or on at least four occasions in the last three years or are at

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 475

APPROPRIATIONS

significant risk of lacking a permanent residence for at least 12 months or on at least four occasions in the last three years. The housing must provide or coordinate with linkages to services necessary for residents to maintain housing stability and maximize opportunities for education and employment. Notwithstanding Minnesota Statutes, section 462A.202, subdivision 3a, the commissioner shall give equal consideration to proposals for projects serving individuals and those serving families with children. Preference among comparable proposals shall be given to proposals for the acquisition and rehabilitation of property.

Sec. 24. MINNESOTA HISTORICAL SOCIETY

Subdivision 1. To the Minnesota Historical Society for the purposes specified in this section 6,000,000

Subd. 2. Historic Sites Asset Preservation 4,000,000

For capital improvements and betterments at state historic sites, buildings, landscaping at historic buildings, exhibits, markers, and monuments. The society shall determine project priorities as appropriate based on need.

Subd. 3. County and Local Preservation Grants 2,000,000

To be allocated to county and local jurisdictions as matching money for historic preservation projects of a capital nature. Grant recipients must be public entities and must match state funds on at least an equal basis. The facilities must be publicly owned.

Sec. 25. GRANTS TO POLITICAL SUBDIVISIONS

Subdivision 1. To the commissioner of employment and economic development or other named agency for the purposes specified in this section 37,324,000

Subd. 2. Big Island 3,000,000

For a grant to the city of Orono to acquire the Big Island Veterans Camp in Lake Minnetonka. Minnesota Statutes, section 197.133, applies to this appropriation.

The appropriation is not available until the commissioner of finance determines that an equal amount has been committed to the project from nonstate sources.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 476

APPROPRIATIONS

Subd. 3. Blue Earth Police and Fire Station 642,000

To the commissioner of public safety for a grant to the city of Blue Earth to acquire land for and to predesign, design, construct, furnish, and equip a fire and police station. This appropriation is not available until the commissioner of finance has determined that at least an equal amount has been committed to the project from nonstate sources.

Subd. 4. Buffalo Lake Maintenance Garage and Street Repair 635,000

For a grant to the city of Buffalo Lake to design, construct, furnish, and equip a municipal maintenance garage and reconstruct city streets damaged by a tornado.

Subd. 5. Crookston and Red Lake Falls Riverbank Protection 1,000,000

$800,000 is for the Public Facilities Authority to make a grant to the city of Crookston to predesign, design, and construct emergency riverbank protection and erosion control measures along the Red Lake River in the vicinity of U.S. 2. For the purposes of this appropriation, the criteria, limitations, and repayment requirements in Minnesota Statutes, sections 446A.07, 446A.072, and 446A.081, are waived.

$200,000 is for the Public Facilities Authority to make a grant to the city of Red Lake Falls to predesign, design, and construct emergency riverbank protection and erosion control measures along the Red Lake River. For the purposes of this appropriation, the criteria, limitations, and repayment requirements in Minnesota Statutes, sections 446A.07, 446A.072, and 446A.081, are waived.

Subd. 6. Lewis and Clark Rural Water System 2,000,000

(a) To the public facilities authority for grants to counties, rural water systems, or municipalities served by the Lewis and Clark Rural Water System to acquire land, predesign, design, construct, furnish, and equip one or more rural water facilities that serve southwestern Minnesota. The grants must be awarded to projects approved by the Lewis and Clark Joint Powers Board.

(b) This appropriation is only available when matched by:

(1) $8 of federal money; and

(2) at least $1 of local money to the system for each $1 of state money to the grant projects under paragraph (a).

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 477

APPROPRIATIONS

Subd. 7. Lowry Corridor 1,200,000

For a grant to Hennepin County for Phase I capital improvements to the Lowry Avenue corridor from Girard Avenue North to the I‑94 bridge in Minneapolis.

Subd. 8. Minnesota Planetarium 6,000,000

For a grant to the city of Minneapolis to complete design and to construct, furnish, and equip a new Minnesota Planetarium and Space Discovery Center location in conjunction with the Minneapolis downtown library.

Subd. 9. Phalen Corridor, St. Paul 3,000,000

For a grant to the city of St. Paul to acquire land for right-of-way and to complete contamination remediation and construct Phalen Boulevard between Interstate Highway I-35E and Johnson Parkway.

Subd. 10. Rochester Regional Public Safety Training Center 627,000

To the commissioner of administration for Phase I of the Rochester Regional Public Safety Training Center to develop a live burn training simulator adjacent to the existing National Guard facility in Rochester.

The appropriation is not available until the commissioner determines that an equal amount has been committed to the project from nonstate sources.

Subd. 11. Roseau Infrastructure Repair and Municipal Complex Relocation 13,220,000

(a)(1) $4,941,000 to the public facilities authority for a grant to the city of Roseau to assist with the cost of rehabilitation and replacement of publicly owned infrastructure, including storm sewers, wastewater and municipal utility service, drinking water systems, and other infrastructure damaged by flooding in the area included in DR-1419. For the purposes of this appropriation, criteria, limitations, and repayment requirements in Minnesota Statutes, sections 446A.07, 446A.072, and 446A.081, are waived.

(2) $8,279,000 is for a grant to the city of Roseau to relocate the flood damaged city hall, auditorium, library, museum, and police department out of the Roseau River floodway as a result of flooding as declared in DR-1419, and in accordance with Minnesota Statutes, section 16A.86.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 478

APPROPRIATIONS

(b) Capital costs for the projects in paragraph (a) incurred after the effective date of this act are eligible for reimbursement from the grants authorized in paragraph (a).

Subd. 12. Rural Infrastructure 5,000,000

For grants under the greater Minnesota business development public infrastructure grant program under Minnesota Statutes, section 116J.431.

Subd. 13. Shubert Theater 1,000,000

To the commissioner of administration for a grant to the city of Minneapolis to construct, furnish, and equip an atrium to create the Minnesota Shubert Center. The city of Minneapolis may enter into a lease or management agreement to operate the center, subject to Minnesota Statutes, section 16A.695.

Sec. 26. BOND SALE EXPENSES 785,000

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

Sec. 27. BOND SALE SCHEDULE

The commissioner of finance shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 2007, no more than $760,786,000 will need to be transferred from the general fund to the state bond fund to pay principal and interest due and to become due on outstanding state general obligation bonds. During the biennium, before each sale of state general obligation bonds, the commissioner of finance shall calculate the amount of debt service payments needed on bonds previously issued and shall estimate the amount of debt service payments that will be needed on the bonds scheduled to be sold. The commissioner shall adjust the amount of bonds scheduled to be sold so as to remain within the limit set by this section. The amount needed to make the debt service payments is appropriated from the general fund as provided in Minnesota Statutes, section 16A.641.

Sec. 28. [BOND SALE AUTHORIZATION.]

Subdivision 1. [BOND PROCEEDS FUND.] To provide the money appropriated in this act from the bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $766,811,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 479

Subd. 2. [TRANSPORTATION FUND BOND PROCEEDS ACCOUNT.] To provide the money appropriated in this act from the state transportation fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $50,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the state transportation fund.

Sec. 29. [16A.502] [NONSTATE COMMITMENTS TO CAPITAL PROJECTS.]

(a) A state appropriation or grant for a capital project or project phase may require a commitment from nonstate sources.

(1) The commitment must be in the amount that when added to the appropriation or grant is sufficient to complete the project;

(2) the appropriation or grant is not available until the commitment is determined to be sufficient; and

(3) the commissioner must determine the sufficiency of the commitment.

(b) In making the determination, the commissioner must apply generally accepted governmental accounting standards and principles, including those that are particularly applicable to capital projects.

Sec. 30. Minnesota Statutes 2004, section 16A.671, subdivision 3, is amended to read:

Subd. 3. [DEFINITIONS.] As used in this section, the terms defined in this subdivision have the meanings given them:

(a) "General fund" means all cash and investments from time to time received and held in the treasury, except proceeds of state bonds and amounts received and held in special or dedicated funds created by the Constitution, or by or pursuant to federal laws or regulations, or by bond or trust instruments, pension contracts, or other agreements of the state or its agencies with private persons, entered into under state law.

(b) "Maximum current cash flow requirement" means the commissioner's written estimate of the largest of the amounts by which, on a particular designated date in each month of the term for which certificates are to be issued, the sum of (1) the warrants then outstanding against the general fund plus (2) those that must be drawn on the fund before the same date in the following month, in payment of claims due for expenditure under all appropriations and allotments, will exceed the amount of cash or cash equivalent assets held in the general fund on the first of these dates an amount equal to five percent of the actual working capital expenditures from the general fund in the preceding fiscal year, will exceed the amount of cash or cash equivalent assets held in the general fund, excluding the proceeds of the certificates to be issued.

Sec. 31. Minnesota Statutes 2004, section 85.019, subdivision 2, is amended to read:

Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The commissioner shall administer a program to provide grants to units of government for up to 50 percent of the costs of acquisition and betterment of public land and improvements needed for parks and other outdoor recreation areas and facilities, including costs to create veterans memorial gardens and parks.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 480

Sec. 32. Minnesota Statutes 2004, section 116.182, subdivision 2, is amended to read:

Subd. 2. [APPLICABILITY.] This section governs the commissioner's certification of projects seeking financial assistance under section 103F.725, subdivision 1a,; 446A.07~~, or~~; 446A.072; or 446A.073.

Sec. 33. Minnesota Statutes 2004, section 116J.571, is amended to read:

116J.571 [CREATION OF ACCOUNTS.]

Two ~~greater Minnesota~~ redevelopment accounts are created, one in the general fund and one in the bond proceeds fund. Money in the accounts may be used to make grants as provided in section 116J.575. Money in the bond proceeds fund may only be used for eligible costs for publicly owned property. Money in the general fund may be used to pay for the commissioner's costs in reviewing the applications.

Sec. 34. Minnesota Statutes 2004, section 116J.572, subdivision 2, is amended to read:

Subd. 2. [DEVELOPMENT AUTHORITY.] "Development authority" includes a statutory or home rule charter city, county, housing and redevelopment authority, economic development authority, or port authority ~~located outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2~~.

Sec. 35. Minnesota Statutes 2004, section 116J.573, subdivision 1, is amended to read:

Subdivision 1. [ACCOUNTS.] Criteria for use of the accounts created in section 116J.571 must be consistent with and promote the purposes of sections 116J.571 to 116J.575. They include, but are not limited to:

(1) creating and preserving living wage jobs ~~in greater Minnesota~~;

(2) creating incentives for communities to include a full range of housing opportunities;

(3) creating incentives for all communities to implement compact, efficient, and mixed-use development; and

(4) creating incentives to assist communities in maintaining a unique sense of place by preserving local, cultural assets.

Sec. 36. Minnesota Statutes 2004, section 116J.573, subdivision 2, is amended to read:

Subd. 2. [PROJECTS.] To be eligible for funding by the ~~greater Minnesota~~ redevelopment account, a project must:

(1) interrelate redevelopment with other public investments in transportation, housing, schools, energy, utilities information infrastructure, and other public services;

(2) interrelate affordable housing and employment growth areas;

(3) intensify land use that leads to more compact redevelopment;

(4) involve redevelopment that mixes incomes of residents in housing, including introducing or reintroducing higher value housing in lower income areas to achieve a mix of housing opportunities;

(5) involve participation from citizens and the business community in the planning and development of the proposed redevelopment plan;

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 481

(6) encourage public infrastructure investments which attract private sector redevelopment investment in commercial, industrial, and residential properties adjacent to public improvements, and provide project area residents with expanded opportunities for private sector employment; or

(7) be sustainable at the local level and reduce the probability of future requests for state development, maintenance, or replacement assistance.

Sec. 37. Minnesota Statutes 2004, section 116J.573, subdivision 4, is amended to read:

Subd. 4. [PARTNERSHIPS.] The commissioner shall give priority to proposals using innovative financial partnerships between government, private for-profit, and nonprofit sectors ~~as well as to proposals that meet current tax increment financing requirements for a redevelopment district and contribute tax increment financing towards the project~~.

Sec. 38. Minnesota Statutes 2004, section 116J.573, subdivision 5, is amended to read:

Subd. 5. [ANNUAL REPORT.] The commissioner shall prepare and submit to the legislature an annual report on the ~~greater Minnesota~~ redevelopment account. The report must include information on the amount of money in the account, the amount distributed, to whom the grants were distributed and for what purposes, and an evaluation of the effectiveness of the projects funded in meeting the policies and goals of the program.

Sec. 39. Minnesota Statutes 2004, section 116J.575, subdivision 1, is amended to read:

Subdivision 1. [COMMISSIONER DISCRETION.] The commissioner may make a grant for up to 50 percent of the eligible costs of a project. The commissioner shall, in each grant cycle, make grants so that 50 percent of the dollar value of grants for that cycle are for projects located outside of the seven-county metropolitan area as defined in section 473.121, subdivision 2, and 50 percent are for projects located within the seven-county metropolitan area. This allocation of grant funds does not apply for any grant cycle in which the applications received by the application deadline are insufficient to permit the equal division of grants between metropolitan and nonmetropolitan projects. The determination of whether to make a grant for a site is within the discretion of the commissioner, subject to this section and sections 116J.571 to 116J.574 and available unencumbered money in the ~~greater Minnesota~~ redevelopment account. The commissioner's decisions and application of the priorities under this section are not subject to judicial review, except for abuse of discretion.

Sec. 40. Minnesota Statutes 2004, section 134.45, is amended to read:

134.45 [LIBRARY ACCESSIBILITY AND IMPROVEMENT GRANTS.]

Subdivision 1. [APPLICATION; DEFINITION.] Public library jurisdictions may apply to the commissioner of education for grants ~~to improve~~ for improvements and accessibility to their library facilities. For the purposes of this section, "public library jurisdictions" means regional public library systems, regional library districts, cities, and counties operating libraries under chapter 134.

Subd. 2. [APPROVAL BY COMMISSIONER.] The commissioner of education, in consultation with the state Council on Disability, may approve or disapprove applications under this section. The grant money must be used ~~only~~ to remove architectural barriers from a building or site, to renovate or expand an existing building for use as a library, or to construct a new library building.

Subd. 3. [APPLICATION FORMS.] The commissioner of education shall prepare application forms and establish application dates.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 482

Subd. 4. [MATCH.] A public library jurisdiction applying for a grant under this section must match the grant with local funds.

Subd. 5. [QUALIFICATION; ACCESSIBILITY GRANTS.] A public library jurisdiction may apply for a grant in an amount up to ~~$150,000~~ $200,000 or 50 percent of the approved costs of removing architectural barriers from a building or site, whichever is less. Grants may be made only for projects in existing buildings used as a library, or to prepare another existing building for use as a library. Renovation of an existing building may include an addition to the building if the additional space is necessary to provide accessibility or if relocating public spaces to the ground level provides improved overall accessibility. Grants must not be used to pay part of the cost of meeting accessibility requirements in a new building.

Subd. 5a. [PROHIBITION ON PORNOGRAPHIC USE OF INTERNET.] A public library jurisdiction is not eligible for a grant under this section unless it has adopted a policy to prohibit library users from using the library's Internet access to view, print, or distribute material that is obscene within the meaning of section 617.241.

Subd. 5b. [QUALIFICATION; IMPROVEMENT GRANTS.] A public library jurisdiction may apply for a grant in an amount up to $1,000,000 or 50 percent, whichever is less, of the approved costs of renovating or expanding an existing library building, or to construct a new library building.

Subd. 6. [AWARD OF GRANTS.] The commissioner, in consultation with the state Council on Disability, shall examine and consider all applications for grants. If a public library jurisdiction is found not qualified, the commissioner shall promptly notify it. The commissioner shall prioritize grants on the following bases: the degree of collaboration with other public or private agencies, the public library jurisdiction's tax burden, the long-term feasibility of the project, the suitability of the project, and the need for the project. If the total amount of the applications exceeds the amount that is or can be made available, the commissioner shall award grants according to the commissioner's judgment and discretion and based upon a ranking of the projects according to the factors listed in this subdivision. The commissioner shall promptly certify to each public library jurisdiction the amount, if any, of the grant awarded to it.

Subd. 7. [PROJECT BUDGET.] A public library jurisdiction that receives a grant must provide the commissioner with the project budget and any other information the commissioner requests.

Sec. 41. Minnesota Statutes 2004, section 136F.60, is amended by adding a subdivision to read:

Subd. 5. [DISPOSITION OF SURPLUS PROPERTY.] (a) The board may declare state lands under its control that are no longer needed by the Minnesota State Colleges and Universities system to be surplus and may offer them for public sale in a manner consistent with the procedures set forth in sections 16B.282 to 16B.286 for disposition of state lands by the commissioner of administration. The parcels must not be exchanged or transferred for no or nominal consideration.

(b) Proceeds from the sale or disposition of land under this subdivision, after paying all expenses incurred in selling or disposing of the land and then paying any amounts due under section 16A.695, shall be appropriated to the board for use for capital projects at the institution which was responsible for management of the land.

Sec. 42. Minnesota Statutes 2004, section 174.52, is amended by adding a subdivision to read:

Subd. 4a. [RURAL ROAD SAFETY ACCOUNT; APPROPRIATION.] (a) A rural road safety account is established in the local road improvement fund. Money in the account is annually appropriated to the commissioner of transportation for expenditure as specified in this subdivision. Money in the account must be used as grants to counties to assist in paying the costs of capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 483

(b) The commissioner shall establish procedures for counties to apply for grants from the rural road safety account and criteria to be used to select projects for funding. The commissioner shall establish these procedures and criteria in consultation with representatives appointed by the Association of Minnesota Counties. Eligibility for project selection must be based on the ability of each proposed project to reduce the frequency and severity of crashes.

(1) one-third of money in the account must be used for projects in the counties of Anoka, Chisago, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington; and

(2) the remainder must be used for projects elsewhere in the state.

Sec. 43. [446A.073] [TOTAL MAXIMUM DAILY LOAD GRANTS.]

Subdivision 1. [PROGRAM ESTABLISHED.] The authority must make grants to municipalities to cover up to one-half the cost of wastewater treatment projects made necessary by wasteload reductions under total maximum daily load plans required by section 303(d) of the federal Clean Water Act, United States Code, title 33, section 1313(d).

Subd. 2. [GRANT APPLICATION.] Application for a grant must be made to the authority on forms prescribed by the authority for the total maximum daily load grant program, with additional information as required by the authority. In accordance with section 116.182, the Pollution Control Agency shall:

(1) calculate the essential project component percentage, which must be multiplied by the total project cost to determine the eligible project cost; and

(2) review and certify approved projects to the authority.

Subd. 3. [PROJECT PRIORITIES.] When money is appropriated for grants under this program, the authority shall reserve money for projects in the order that their total maximum daily load plan was approved by the United States Environmental Protection Agency and in an amount based on their most recent cost estimates submitted to the authority or the as-bid costs, whichever is less.

Subd. 4. [GRANT APPROVAL.] The authority must make a grant to a municipality, as defined in section 116.182, subdivision 1, only after:

(1) the commissioner of the Minnesota Pollution Control Agency has certified to the United States Environmental Protection Agency a total maximum daily load plan for identified waters of this state that includes a point source wasteload allocation;

(2) the Environmental Protection Agency has approved the plan;

(3) a municipality affected by the plan has estimated the cost to it of wastewater treatment projects necessary to comply with the point source wasteload allocation;

(4) the Pollution Control Agency has approved the cost estimate; and

(5) the authority has determined that the additional financing necessary to complete the project has been committed from other sources.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 484

Subd. 5. [GRANT DISBURSEMENT.] Disbursement of a grant must be made for eligible project costs as incurred by the municipality and in accordance with a project financing agreement and applicable state and federal laws and rules governing the payments.

Sec. 44. Laws 1998, chapter 404, section 23, subdivision 17, as amended by Laws 1999, chapter 20, section 1, is amended to read:

Subd. 17. Paramount Arts District Regional Arts Center 750,000

(a) To the commissioner of administration for a grant to the city of St. Cloud ~~Housing and Redevelopment Authority~~ to construct, furnish, and equip the Paramount Arts District Regional Arts Center, subject to Minnesota Statutes, section 16A.695. This appropriation is not available until the commissioner has determined that the necessary additional financing to complete at least a $5,400,000 project has been committed by nonstate sources.

(b) The Housing and Redevelopment Authority must effect the transfer as otherwise required or permitted by law. Once the transfer is effected, the city is the successor to the Housing and Redevelopment Authority for the purposes of the grant and Minnesota Statutes, section 16A.695.

Sec. 45. Laws 2003, First Special Session chapter 20, article 1, section 11, is amended to read:

Sec. 11. HEALTH 775,000

For transfer to the Board of Trustees of the Minnesota State Colleges and Universities to design ~~and~~, construct, and equip a community dental clinic at Lake Superior Community College in Duluth and design ~~and~~, renovate, and equip the ~~Northwest Technical College~~ Minnesota State Community and Technical Colleges dental hygiene clinic in Moorhead, subject to Minnesota Statutes, section 16A.695.

Sec. 46. [STILLWATER LEVEE FLOOD CONTROL PROJECT.]

Notwithstanding the grant expiration date of June 30, 2002, the commissioner of natural resources shall extend until June 30, 2006, the expiration date of a grant made to the city of Stillwater under Minnesota Statutes, section 103F.161, and matching certain federal appropriations for flood hazard mitigation.

Sec. 47. [MINNESOTA ZOO MARINE CENTER DEBT SERVICE.]

Beginning in fiscal year 2006, the Minnesota Zoological Garden is not required to pay any of the debt service costs on bonds sold for the Marine Education Center authorized in Laws 1994, chapter 643, section 27, subdivision 2, as amended by Laws 1996, chapter 463, section 54.

Sec. 48. [TRANSFER OF MHFA BONDING AUTHORITY TO HESO.]

Notwithstanding Minnesota Statutes, section 474A.03, subdivision 2a, paragraph (b), the Minnesota Housing Finance Agency may enter into an agreement with the Higher Education Services Office under which the Higher Education Services Office issues qualified student loan bonds, up to $50,000,000 of which are issued pursuant to bonding authority allocated to the Minnesota Housing Finance Agency in 2005 under Minnesota Statutes, section

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 485

474A.03, subdivision 2a, paragraph (a). This amount is in addition to the bonding authority otherwise allocated to the Higher Education Services Office under Minnesota Statutes, chapter 474A. Notwithstanding Minnesota Statutes, section 474A.04, subdivision 1a, 474A.061, or 474A.091, subdivision 2, bonding authority carried forward by the Minnesota Housing Financing Agency from its allocation for 2004 under Minnesota Statutes, section 474A.03, subdivision 2a, paragraph (b), are exempt from the requirement that the bonding authority be permanently issued by December 31 of the next succeeding calendar year.

Sec. 49. [SALE OF FUJI YA PROPERTY; USE OF PROCEEDS.]

Subdivision 1. [SALE.] After making the determinations required under Minnesota Statutes, section 16A.695 and meeting any other requirements of law, the Minneapolis Park and Recreation Board may sell the property known as the Fuji Ya Restaurant property, acquired with state bond funds appropriated in Laws 1987, chapter 400, section 8, subdivision 5, as amended. The sale amount must be at least the property's fair market value. The property may be sold to a private entity.

Subd. 2. [PROCEEDS USE FOR OTHER PUBLICLY OWNED CAPITAL PROJECTS FOR PUBLIC PURPOSES.] Notwithstanding the requirements in Minnesota Statutes, section 16A.695, subdivision 3, with respect to the distribution of the net sale proceeds, the proceeds must be distributed as provided in this subdivision. The Minneapolis Park and Recreation Board must certify to the commissioner of finance, in a form required by the commissioner, that any net proceeds from the sale under this section realized by the board are spent on capital improvements that meet the constitutional requirements for expenditure of state bond funds, and such capital improvements are state bond financed property under Minnesota Statutes, section 16A.695.

(a) Up to $750,000 of the net proceeds of the sale may be retained by the Minneapolis Park and Recreation Board to make capital improvements to a public parking facility constructed on the Fuji Ya site if the board has entered into a 99-year lease agreement with the owner. This allocation is contingent on an equal amount committed from nonstate sources. The lease payments the board makes for the site may be used as nonstate match.

(b) After providing for the parking facility under paragraph (a), the remaining net proceeds must be split equally between the board and the state.

(c) The board must use its share of the remaining net proceeds for acquisition and development of property in the metropolitan regional park system that is covered by the "Above the Falls" master plan. Property acquired or improved under this paragraph is state bond financed property, subject to Minnesota Statutes, section 16A.695. This allocation is contingent on an equal amount committed from nonstate sources.

Sec. 50. [EFFECTIVE DATE.]

This article is effective the day following final enactment.

ARTICLE 2

ADJUSTMENT OF GENERAL OBLIGATION BOND AUTHORIZATIONS

Section 1. [TABLE OF ORIGINAL AND ADJUSTED AUTHORIZATIONS.]

Column A lists the citation to each law authorizing general obligation bonds since Laws 1983, chapter 323, section 6, to which a further adjustment is being made in this section.

The original authorization amount in each law is shown in column B opposite the citation of the law it appears in.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 486

The original authorization amount in column B is hereby adjusted to the amount shown in column C. The adjustments resulting in the column C amount reflect specific changes to an authorization in law, executive vetoes sustained or not challenged, administrative action reflecting cancellation and abandonment of all or the unused balance from specific projects for which the proceeds of authorized bonds were intended to be used, and other action pursuant to law resulting in the adjusted authorizations shown in column C. The amounts shown in column C are validated as the lawful adjusted authorization for the cited law as of April 1, 2004, for all purposes for which the authorization is required or used.

Column A Column B Column C

L 1983, c 323, s 6 $30,000,000 $29,935,000

L 1987, c 400, s 25, subd 1 370,972,200 369,560,500

L 1987, c 400, s 25, subd 5 66,747,000 66,740,000

L 1989, c 300, art 1, s 23, subd 1 142,585,000 135,060,000

L 1991, c 354, art 11, s 2, subd 1 12,000,000 11,360,000

L 1992, c 558, s 28, subd 1 231,695,000 219,085,000

L 1992, c 558, s 28, subd 3 17,500,000 17,368,000

L 1993, c 373, s 19, subd 1 54,640,000 53,355,000

L 1993, c 373, s 19, subd 2 9,900,000 9,480,000

L 1994, c 643, s 31, subd 1 573,385,000 564,650,523

L 1994, c 643, s 31, subd 2 45,000,000 34,820,000

L 1995, 1SS c 2, s 14, subd 1 5,630,000 5,590,000

L 1996, c 463, s 27, subd 1 597,110,000 549,244,560

L 1997, c 246, s 10, subd 1 86,625,000 86,192,000

L 1997, 2SS c 2, s 12 55,305,000 38,308,054

L 1998, c 404, s 27, subd 1 463,795,000 104,478,674

L 1999, c 240, art 1, s 13, subd 1 139,510,000 111,905,000

L 1999, c 240, art 1, s 13, subd 2 10,440,000 -0-

L 1999, c 240, art 2, s 16, subd 1 372,400,000 367,418,000

L 2000, c 492, art 1, s 26, subd 1 426,870,000 487,730,000

L 2001, 1SS c 12, s 11, subd 1 99,205,000 98,205,000

L 2002, c 393, s 30, subd 1 920,235,000 567,312,000

Sec. 2. [EFFECTIVE DATE.]

This article is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; making adjustments to previous bond authorizations; establishing new programs and modifying existing programs; authorizing sale of state bonds; appropriating money; amending Minnesota Statutes 2004, sections 16A.671, subdivision 3; 85.019, subdivision 2; 116.182, subdivision 2; 116J.571; 116J.572, subdivision 2; 116J.573, subdivisions 1, 2, 4, 5; 116J.575, subdivision 1; 134.45; 136F.60, by adding a subdivision; 174.52, by adding a subdivision; Laws 1998, chapter 404, section 23, subdivision 17, as amended; Laws 2003, First Special Session chapter 20, article 1, section 11; proposing coding for new law in Minnesota Statutes, chapters 16A; 446A."

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

The report was adopted.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 487

Davids from the Committee on Agriculture and Rural Development to which was referred:

H. F. No. 118, A bill for an act relating to civil actions; prohibiting actions against certain persons for weight gain as a result of consuming certain foods; proposing coding for new law in Minnesota Statutes, chapter 604.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [604.17] [PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT.]

Subdivision 1. [TITLE.] This act may be cited as the Personal Responsibility in Food Consumption Act.

Subd. 2. [DEFINITIONS.] (a) For purposes of this section the following terms have the meanings given.

(b) "Long-term consumption" means the cumulative effect of the consumption of food or nonalcoholic beverages, and not the effect of a single instance of consumption.

(c) "Party" means an individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity.

Subd. 3. [IMMUNITY FROM CIVIL LIABILITY.] A producer, grower, manufacturer, packer, distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended for human consumption, or an association of one or more of such entities, shall not be subject to civil liability based on any individual's or group of individuals' purchase or consumption of food or nonalcoholic beverages in cases where liability arises from weight gain, obesity, or a health condition associated with weight gain or obesity and resulting from the individual's or group of individuals' long-term purchase or consumption of a food or nonalcoholic beverage.

Sec. 2. [EFFECTIVE DATE.]

Section 1 is effective the day following final enactment and applies to any action brought by any party on or after the effective date."

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

The report was adopted.

Erhardt from the Committee on Transportation to which was referred:

H. F. No. 204, A bill for an act relating to traffic regulations; restricting possession of traffic signal-override device; providing a penalty; amending Minnesota Statutes 2004, section 169.06, by adding a subdivision.

Reported the same back with the following amendments:

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 488

Page 1, line 11, delete "mounted" and insert "located"

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

The report was adopted.

Tingelstad from the Committee on Governmental Operations and Veterans Affairs to which was referred:

H. F. No. 241, A bill for an act relating to public employment; providing that a public employer or a contractor with a public employer may not forbid an employee from wearing an American flag patch or pin; proposing coding for new law in Minnesota Statutes, chapter 15.

Reported the same back with the following amendments:

Page 1, delete lines 17 to 21

Page 1, line 22, delete "(c)" and insert "(b)"

Page 2, line 2, delete "(d)" and insert "(c)"

Amend the title as follows:

Page 1, line 3, delete "or a contractor with a public employer"

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

The report was adopted.

Erhardt from the Committee on Transportation to which was referred:

H. F. No. 319, A bill for an act relating to motor vehicles; requiring motor vehicle drivers to restrain child passengers under nine years of age with appropriate child restraint system; amending Minnesota Statutes 2004, section 169.685, subdivision 5.

Reported the same back with the following amendments:

Page 2, line 16, after "nine" insert "on the streets and highways of this state at a speed greater than 15 miles per hour"

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

The report was adopted.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 489

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

H. F. No. 483, A bill for an act relating to crime prevention; public safety; expanding the trespass law; amending Minnesota Statutes 2004, section 609.605, subdivisions 1, 4.

Reported the same back with the following amendments:

Page 3, lines 4 and 5, delete "at any time" and insert "within one year"

Page 3, line 8, after "site" insert "or locked or posted aggregate mining site"

Page 4, line 4, delete "at any time" and insert "within one year"

With the recommendation that when so amended the bill pass.

The report was adopted.

Wilkin from the Committee on Commerce and Financial Institutions to which was referred:

H. F. No. 527, A bill for an act relating to agriculture; exempting certain farm labor housing from regulation as manufactured home park; amending Minnesota Statutes 2004, section 327.23, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 20, after "homes" insert ":

(i)"

Page 1, line 22, before the period, insert "; and

(ii) are equipped with at least one automatic smoke detector that conforms to the applicable provisions of the National Fire Protection Association standard, identified as NFPA 501B, outside each sleeping area"

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

The report was adopted.

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

H. F. No. 561, A bill for an act relating to child custody; disallowing sex offenders from becoming custodians of unrelated children; amending Minnesota Statutes 2004, sections 257C.03, subdivision 7; 518.179, by adding a subdivision.

Reported the same back with the following amendments:

Page 2, line 24, delete "NONBIOLOGICAL"

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 490

Amend the title as follows:

Page 1, line 2, delete "sex offenders" and insert "persons with specified criminal convictions"

With the recommendation that when so amended the bill pass.

The report was adopted.

Wilkin from the Committee on Commerce and Financial Institutions to which was referred:

H. F. No. 598, A bill for an act relating to occupational safety and health; modifying standard industrial classification list rulemaking provisions; amending Minnesota Statutes 2004, section 182.653, subdivision 9.

Reported the same back with the recommendation that the bill pass and be placed on the Consent Calendar.

The report was adopted.

Wilkin from the Committee on Commerce and Financial Institutions to which was referred:

H. F. No. 742, A bill for an act relating to employment; providing exemptions from employment agency licensing requirements; prohibiting certain fee payments; amending Minnesota Statutes 2004, section 184.22, by adding subdivisions.

Reported the same back with the following amendments:

Page 2, line 21, delete "in which it is registered" and insert "filed"

Page 2, line 22, delete "registered"

With the recommendation that when so amended the bill pass.

The report was adopted.

Tingelstad from the Committee on Governmental Operations and Veterans Affairs to which was referred:

H. F. No. 801, A resolution memorializing the Congress of the United States to propose an amendment to the United States Constitution, for ratification by the states, specifying that Congress and the states shall have the power to prohibit the physical desecration of the flag of the United States.

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

The report was adopted.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 491

Johnson, J., from the Committee on Civil Law and Elections to which was referred:

H. F. No. 820, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article IV to provide for initiative and referendum; providing procedures for initiative and referendum; providing penalties; amending Minnesota Statutes 2004, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 3B.

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

The report was adopted.

Tingelstad from the Committee on Governmental Operations and Veterans Affairs to which was referred:

H. F. No. 871, A bill for an act relating to state government; authorizing participation of day training and habilitation services providers in state cooperative purchasing agreements; including certain rehabilitation facilities, extended employment providers, and day training and habilitation services providers in the state agency acquisition process; amending Minnesota Statutes 2004, sections 16C.10, subdivision 5; 16C.15; 471.59, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 24, reinstate the stricken "~~and~~" and delete the comma

Page 2, delete section 2

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

Amend the title as follows:

Page 1, line 9, delete "16C.15;"

With the recommendation that when so amended the bill pass and be placed on the Consent Calendar.

The report was adopted.

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

S. F. No. 4, A bill for an act relating to agriculture; increasing minimum ethanol content required for gasoline sold in the state; establishing a petroleum replacement goal; amending Minnesota Statutes 2004, section 239.791, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 239.

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

The report was adopted.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 492

SECOND READING OF HOUSE BILLS

H. F. Nos. 483, 561, 598, 742 and 871 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Powell, Thissen, Erhardt, Ellison and Cox introduced:

H. F. No. 1087, A bill for an act relating to traffic regulations; making seat belt violation a primary offense in all seating positions regardless of age; increasing the fine for seat belt violations; making technical changes; amending Minnesota Statutes 2004, sections 169.686, subdivision 1; 171.05, subdivision 2b; 171.055, subdivision 2.

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

Slawik, Simon, Goodwin, Greiling, Mullery, Lillie and Ruud introduced:

H. F. No. 1088, A bill for an act relating to creditors remedies; prohibiting prejudgment garnishment in certain circumstances; amending Minnesota Statutes 2004, sections 551.05, subdivisions 1a, 3, 4, by adding a subdivision; 571.71; 571.72, subdivision 4; 571.79; 571.912; 571.914, subdivisions 1, 2, 4; 571.93, subdivision 1; repealing Minnesota Statutes 2004, sections 551.05, subdivisions 5, 6; 571.914, subdivision 3.

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

Ozment; Dill; Hoppe; Urdahl; Peterson, A.; Hansen and Juhnke introduced:

H. F. No. 1089, A bill for an act relating to natural resources; appropriating money for the Minnesota Conservation Corps.

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

Buesgens and Greiling introduced:

H. F. No. 1090, A bill for an act relating to education; enabling school districts to focus on delivering academic services; transferring responsibilities for noncurricular athletic and fine arts activities for youth from school districts to local governments; amending Minnesota Statutes 2004, sections 122A.33; 123B.35; 123B.36, subdivision 1; 123B.49, subdivisions 1, 4; 123B.51, subdivision 4, by adding a subdivision; 124D.61; 124D.74, subdivision 6; 128C.01; 128C.02; 128C.03; 128C.05; 128C.07; 128C.08; 275.70, subdivision 5; repealing Minnesota Statutes 2004, section 124D.095, subdivision 5.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 493

Howes introduced:

H. F. No. 1091, A bill for an act relating to higher education; providing the option for a state college or university to elect self-governance; providing for the administration of an independent state college or university; providing state aid for higher education; appropriating money; amending Minnesota Statutes 2004, sections 135A.053, subdivision 2; 136F.16, subdivision 1; 179A.10, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 135A; proposing coding for new law as Minnesota Statutes, chapter 136H; repealing Minnesota Statutes 2004, sections 135A.01; 135A.031; 135A.032; 135A.033.

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

Hackbarth, Hilty, Solberg, Erickson and Dorman introduced:

H. F. No. 1092, A bill for an act relating to lawful gambling; providing for sports-themed tipboard games; amending Minnesota Statutes 2004, sections 349.12, subdivision 34; 349.151, by adding a subdivision; 349.1711, subdivision 2; 349.211, by adding a subdivision.

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

Hausman; Paymar; Johnson, S.; Thao and Mariani introduced:

H. F. No. 1093, A bill for an act relating to local government; authorizing the city of St. Paul to participate in the creation of, and to contract with, a nonprofit organization for management and operation of the RiverCentre complex.

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

Smith, Murphy, Paymar and Newman introduced:

H. F. No. 1094, A bill for an act relating to crime victims; defining victim; amending Minnesota Statutes 2004, section 611A.01.

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

Nelson, P.; Cox; Eastlund; Larson; Heidgerken; Erickson; Severson; Samuelson and Wardlow introduced:

H. F. No. 1095, A bill for an act relating to motor vehicles; allowing special veterans license plates to be displayed on certain one-ton trucks; making clarifying changes; amending Minnesota Statutes 2004, section 168.123, subdivisions 1, 4.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 494

Nelson, P.; Cox; Eastlund; Kahn; Heidgerken; Erickson and Severson introduced:

H. F. No. 1096, A bill for an act relating to elections; campaign finance; requiring an additional report by a principal campaign committee in a year when the candidate's name is on the ballot; amending Minnesota Statutes 2004, section 10A.20, subdivision 2.

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

Blaine introduced:

H. F. No. 1097, A bill for an act relating to education; providing for certain school districts to assist other districts to develop teacher mentoring programs; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 122A.

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

Clark; Greiling; Peterson, N.; Otremba; Johnson, R.; Slawik; Thissen; Eken; Fritz; Ruud; Huntley; Goodwin; Walker; Ellison and Sertich introduced:

H. F. No. 1098, A bill for an act relating to the operation of state government; modifying parental contributions; modifying several MFIP provisions; modifying medical assistance estate recovery provisions; eliminating recoveries for alternative care costs; removing liens against life estates and joint tenant interests; changing certain income tax provisions; appropriating money; amending Minnesota Statutes 2004, sections 252.27, subdivision 2a; 256B.15, subdivisions 1, 1a, 1d, 1e, 1f, 1h, 1i, 1j, 2, 3, 4; 256J.21, subdivision 2; 256J.95, subdivision 9; 290.01, subdivisions 6b, 19d; 290.17, subdivisions 2, 4; 514.981, subdivision 6; 524.3-805; repealing Minnesota Statutes 2004, sections 256B.15, subdivision 1g; 256J.37, subdivisions 3a, 3b; 514.991; 514.992; 514.993; 514.994; 514.995.

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

Newman introduced:

H. F. No. 1099, A bill for an act relating to crimes; clarifying a provision of the gambling fraud crime; amending Minnesota Statutes 2004, section 609.763, subdivision 3.

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

Newman introduced:

H. F. No. 1100, A bill for an act relating to retirement; Public Employees Retirement Association; adding employees of Hutchinson Area Health Care to privatization coverage; amending Minnesota Statutes 2004, section 353F.02, subdivision 4.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs.

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 495

Newman introduced:

H. F. No. 1101, A bill for an act relating to local government aid; increasing the city aid base for certain cities; amending Minnesota Statutes 2004, section 477A.011, subdivision 36.

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

Hosch; Scalze; Moe; Fritz; Welti; Peterson, S.; Poppe; Lillie; Loeffler; Simon; Hortman; Dittrich; Liebling; Ruud and Sailer introduced:

H. F. No. 1102, A bill for an act relating to the legislature; prohibiting per diem payments to members during certain special sessions; amending Minnesota Statutes 2004, section 3.099, subdivision 1.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs.

Hosch, Severson, Gunther, Lillie, Olson and Heidgerken introduced:

H. F. No. 1103, A bill for an act relating to employment; permitting employers of professional athletes to request or require random drug testing for the presence of anabolic steroids; amending Minnesota Statutes, section 181.951, subdivision 4.

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

Seifert; Peterson, A.; Finstad; Charron; Hilty; Solberg; Dill; Penas; Magnus; Davids; Juhnke; Pelowski; Marquart; Newman; Anderson, B.; Samuelson; Urdahl; Erickson; Soderstrom; Nornes; Brod; Hamilton and Heidgerken introduced:

H. F. No. 1104, A bill for an act relating to health; providing an exception to recreational camping area regulations for the State Fair; proposing coding for new law in Minnesota Statutes, chapter 327.

The bill was read for the first time and referred to the Committee on Agriculture and Rural Development.

Seifert, Peppin, DeLaForest, Finstad, Blaine and Krinkie introduced:

H. F. No. 1105, A bill for an act relating to state government; appropriating money for the general legislative and administrative expenses of state government.

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

Greiling and Slawik introduced:

H. F. No. 1106, A bill for an act relating to civil actions; limiting liability for certain conduct of persons released from confinement; proposing coding for new law in Minnesota Statutes, chapter 147.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 496

Newman; Smith; Zellers; Cybart; Emmer; Wilkin; DeLaForest; Olson; Nelson, P., and Lillie introduced:

H. F. No. 1107, A bill for an act relating to predatory offenders; requiring offenders without a primary address to register under the predatory offender registration law; clarifying the disclosure of information on predatory offenders under the community notification law; moving definitions in the predatory offender registration law; making conforming changes; amending Minnesota Statutes 2004, sections 243.166; 243.167; 244.052, subdivision 4; repealing Minnesota Statutes 2004, section 243.166, subdivisions 1, 8.

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

Greiling, Slawik, Otremba and Wardlow introduced:

H. F. No. 1108, A bill for an act relating to civil commitment; expanding early intervention services; amending Minnesota Statutes 2004, section 253B.065, subdivision 5.

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

Smith, Atkins, Paulsen, Murphy and Ozment introduced:

H. F. No. 1109, A bill for an act relating to public safety; reviving and reenacting the board of firefighting training and education.

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

Hosch, Heidgerken, Severson, Lillie and Olson introduced:

H. F. No. 1110, A bill for an act relating to elections; providing for elimination of the state primary in a municipality or county if no nominee must be selected at the state primary for any partisan or nonpartisan office in that municipality or county; amending Minnesota Statutes 2004, sections 204D.03, subdivision 1; 204D.07, subdivision 3; 204D.12.

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

Sykora, Greiling, Klinzing, Erickson and Johnson, R., introduced:

H. F. No. 1111, A bill for an act relating to education; authorizing grants for collaborative urban educator recruitment and training programs; appropriating money.

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

Abeler, Huntley and Goodwin introduced:

H. F. No. 1112, A bill for an act relating to health; reinstating provisions relating to voluntary licensure of alcohol and drug counselors; amending Minnesota Statutes 2004, section 148C.11, subdivisions 1, 5, 6.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 497

Goodwin, Murphy and Sieben introduced:

H. F. No. 1113, A bill for an act relating to civil actions; statutory housing warranties; regulating recovery for breaches; amending Minnesota Statutes 2004, section 327A.05.

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

Goodwin, Ellison, Sieben and Murphy introduced:

H. F. No. 1114, A bill for an act relating to civil actions; providing relief and protections for construction and home improvement defects; amending Minnesota Statutes 2004, sections 327A.01, subdivision 2; 327A.03; 327A.04; 327A.08; 514.011, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 337.

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

Hornstein introduced:

H. F. No. 1115, A bill for an act relating to natural resources; prohibiting the use of unsterilized ballast water; requiring a discharge permit; requiring rulemaking; amending Minnesota Statutes 2004, sections 84D.01, by adding subdivisions; 84D.12, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 84D.

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

Bernardy introduced:

H. F. No. 1116, A bill for an act relating to retiree health insurance coverage; providing for the inclusion of certain former University of Minnesota steam plant employees in the state health insurance group; amending Minnesota Statutes 2004, section 43A.27, subdivision 3.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs.

Greiling introduced:

H. F. No. 1117, A bill for an act relating to health; modifying the medical assistance asset limit for persons who are aged, blind, or disabled; amending Minnesota Statutes 2004, section 256B.056, subdivision 3.

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

Dempsey, Huntley, Murphy and Jaros introduced:

H. F. No. 1118, A bill for an act relating to transportation; appropriating money to Duluth Port Authority.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 498

Zellers introduced:

H. F. No. 1119, A bill for an act relating to capital improvements; appropriating money to construct the Northwest Hennepin Family Center in Brooklyn Center; authorizing the sale of state bonds.

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

Powell, Smith and Murphy introduced:

H. F. No. 1120, A bill for an act relating to state employment; providing voluntary unpaid leave options and early retirement incentives to state employees.

The bill was read for the first time and referred to the Committee on Governmental Operations and Veterans Affairs.

Ruud, Goodwin, Abeler, Greiling, Simon, Lenczewski and Dittrich introduced:

H. F. No. 1121, A bill for an act relating to education finance; simplifying the operating referendum ballot language; amending Minnesota Statutes 2004, section 126C.17, subdivision 9.

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

Moe; Dittrich; Solberg; Anderson, I.; Sailer; Hortman; Lillie; Simon; Ruud; Poppe; Peterson, S.; Hosch; Scalze; Fritz; Peterson, A., and Mahoney introduced:

H. F. No. 1122, A bill for an act relating to game and fish; creating the Minnesota Fishing Protection Act; providing authority, direction, and funding to achieve and maintain water quality standards for Minnesota's surface waters to protect the quantity, edibility, and health of Minnesota fish; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 116; 446A.

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

Fritz; Peterson, S.; Johnson, S., and Poppe introduced:

H. F. No. 1123, A bill for an act relating to crimes; regulating the sale of methamphetamine precursor drugs containing ephedrine or pseudoephedrine; further regulating while recodifying activities involving anhydrous ammonia; requiring courts to order restitution in certain situations involving controlled substances; imposing property restrictions in certain situations involving controlled substances; increasing the criminal penalties for possessing certain substances with the intent to manufacture methamphetamine; establishing new methamphetamine-related crimes; expanding the definition of "violent crime" for mandatory sentencing purposes; requiring that property contaminated by methamphetamine manufacturing indicate this in the title or deed; establishing a methamphetamine laboratory cleanup revolving fund and authorizing loans to assist counties and cities in conducting methamphetamine cleanup; providing for the establishment of civil nuisances involving methamphetamine manufacture; requiring that anhydrous ammonia storage tanks be locked when unattended;

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 499

requiring a toll-free number for citizen reports of methamphetamine laboratories; providing for reports; imposing criminal penalties; appropriating money; amending Minnesota Statutes 2004, sections 152.021, subdivisions 2a, 3; 152.135, subdivision 2; 168A.05, subdivision 3; 609.1095, subdivision 1; 617.81, subdivision 4, by adding a subdivision; 617.85; proposing coding for new law in Minnesota Statutes, chapters 144; 152; 446A; repealing Minnesota Statutes 2004, sections 18C.005, subdivisions 1a, 35a; 18C.201, subdivisions 6, 7; 18D.331, subdivision 5.

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

Emmer introduced:

H. F. No. 1124, A bill for an act relating to public safety; providing that release of juvenile data in conjunction with a background check does not constitute release of a juvenile adjudication history; amending Minnesota Statutes 2004, section 299C.095, subdivision 1.

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

Wilkin, Paulsen, Bradley, Emmer, Gunther, Wardlow, Peppin, Abrams, Kohls, Gazelka, Powell, Penas, DeLaForest, Westerberg, Severson and Zellers introduced:

H. F. No. 1125, A bill for an act relating to insurance; repealing the Minnesota No-Fault Automobile Insurance Act; providing an appropriate premium reduction; requiring liability coverage; proposing coding for new law in Minnesota Statutes, chapter 65B; repealing Minnesota Statutes 2004, sections 65B.41; 65B.42; 65B.43; 65B.44; 65B.45; 65B.46; 65B.47; 65B.48; 65B.482; 65B.49; 65B.50; 65B.51; 65B.525; 65B.53; 65B.54; 65B.55; 65B.56; 65B.57; 65B.58; 65B.59; 65B.60; 65B.61; 65B.63; 65B.64; 65B.65; 65B.66; 65B.685; 65B.71.

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

Hamilton, Slawik, Mahoney, Abeler and Clark introduced:

H. F. No. 1126, A bill for an act relating to appropriations; appropriating money to fund grants for certain employment support services.

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

Brod, Kohls, Kelliher, Mahoney and Bradley introduced:

H. F. No. 1127, A bill for an act relating to taxation; increasing the amount of tax credits or exemptions that may be awarded in a biotechnology and health sciences industry zone; amending Minnesota Statutes 2004, section 469.335.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 500

Samuelson, Westerberg, Bernardy and Abeler introduced:

H. F. No. 1128, A bill for an act relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the preparation and evaluation of engineering concepts and layouts for the reconstruction and expansion of I-35W between I-694 and I-35 in Anoka and Ramsey Counties.

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

Emmer, Holberg and Anderson, B., introduced:

H. F. No. 1129, A bill for an act relating to government data practices; modifying applicant data; amending Minnesota Statutes 2004, section 13.43, subdivision 3.

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

Emmer; Holberg; Anderson, B., and Severson introduced:

H. F. No. 1130, A bill for an act relating to government data practices; providing a maximum copy fee for certain copies of data; amending Minnesota Statutes 2004, section 13.03, subdivision 3.

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

Emmer, Howes, Zellers, Brod, Holberg and Anderson, B., introduced:

H. F. No. 1131, A bill for an act relating to public safety; crime prevention; authorizing asexualization of certain sex offenders; amending Minnesota Statutes 2004, sections 609.342, subdivision 2; 609.343, subdivision 2; 609.344, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Dill introduced:

H. F. No. 1132, A bill for an act relating to education; authorizing a fund transfer for Independent School District No. 381, Lake Superior.

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

Cornish introduced:

H. F. No. 1133, A bill for an act relating to natural resources; creating minerals management account; modifying disposition of certain mineral payments; appropriating money; amending Minnesota Statutes 2004, section 93.22, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 93.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 501

Severson; Erhardt; Anderson, B.; Hortman; Ruth; Larson; Holberg; Hosch and Davids introduced:

H. F. No. 1134, A bill for an act relating to motor vehicles; regulating registration plates and stickers; regulating certain fees; amending Minnesota Statutes 2004, sections 168.27, by adding a subdivision; 168.33, subdivision 7; 168.66, by adding a subdivision.

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

Hamilton and Nelson, P., introduced:

H. F. No. 1135, A bill for an act relating to veterans affairs; authorizing the carry forward of the unexpended appropriation for the veterans service office grant program; amending Minnesota Statutes 2004, section 197.608, by adding a subdivision.

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

Dorman, Dill, Lenczewski, Urdahl and Murphy introduced:

H. F. No. 1136, A bill for an act relating to transportation; establishing rural road safety account in local road improvement fund; authorizing spending to acquire and better public land and buildings and public improvements of a capital nature with conditions; appropriating money for local road improvement program; authorizing issuance of general obligation bonds; amending Minnesota Statutes 2004, section 174.52, by adding a subdivision.

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

Thissen introduced:

H. F. No. 1137, A bill for an act relating to insurance; providing more affordable conversion health coverage as a bridge to Medicare for persons 60 to 65 years of age; amending Minnesota Statutes 2004, section 62A.65, subdivision 5.

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

Thissen introduced:

H. F. No. 1138, A bill for an act relating to taxation; income; providing a technology credit for small business; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Thissen introduced:

H. F. No. 1139, A bill for an act relating to property taxation; exempting the first tier of commercial-industrial property from the state general tax; amending Minnesota Statutes 2004, section 275.025, subdivisions 2, 4.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 502

Thissen introduced:

H. F. No. 1140, A bill for an act relating to taxes; property tax; requiring payments to compensate taxing jurisdictions for lost property tax base when real property is acquired by a governmental entity and becomes tax exempt; proposing coding for new law in Minnesota Statutes, chapter 273.

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

Ellison introduced:

H. F. No. 1141, A bill for an act relating to capital investment; appropriating money for improvements to the Broadway Avenue bridge in Minneapolis; authorizing the issuance of general obligation bonds.

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

Hilstrom; Smith; Murphy; Howes; Nelson, M.; Cornish and Ellison introduced:

H. F. No. 1142, A bill for an act relating to corrections; requiring state and local jail and prison inmates to be housed in publicly owned and operated jails and prisons; prohibiting the state and counties from contracting with private prisons; prohibiting renewal of the Prairie Correctional Facility contract; amending Minnesota Statutes 2004, section 241.01, subdivision 3a; proposing coding for new law in Minnesota Statutes, chapters 243; 641.

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

Emmer, Holberg, Ellison and Severson introduced:

H. F. No. 1143, A bill for an act relating to data privacy; classifying certain investigative and licensing data; amending Minnesota Statutes 2004, sections 13.3805, by adding a subdivision; 13.46, subdivision 4.

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

Demmer, Brod, Cybart, Wardlow and Severson introduced:

H. F. No. 1144, A bill for an act relating to education; providing for consecutive teaching experience for a teacher whose probationary employment is interrupted by military service; amending Minnesota Statutes 2004, section 122A.40, subdivision 5.

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

Slawik introduced:

H. F. No. 1145, A bill for an act relating to elections; authorizing early voting by absentee ballot at certain locations without qualification; amending Minnesota Statutes 2004, section 203B.02, by adding a subdivision.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 503

Nelson, P., introduced:

H. F. No. 1146, A bill for an act relating to local government aid; increasing the city aid base for certain cities; amending Minnesota Statutes 2004, section 477A.011, subdivision 36.

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

Peppin; Cybart; Lieder; Anderson, I.; Nelson, P.; Samuelson; Severson and Blaine introduced:

H. F. No. 1147, A bill for an act relating to veterans affairs; authorizing the carryforward of the unexpended appropriation for the state soldiers' assistance fund; amending Minnesota Statutes 2004, section 197.07.

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

Greiling, Goodwin, Hausman, Murphy, Otremba, Poppe, Fritz, Liebling and Lillie introduced:

H. F. No. 1148, A bill for an act relating to human services; providing for discharge plans for offenders with serious and persistent mental illness who are released from county jails or county regional jails; appropriating money; amending Minnesota Statutes 2004, section 244.054; proposing coding for new law in Minnesota Statutes, chapter 641.

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

Cornish introduced:

H. F. No. 1149, A bill for an act relating to public safety; authorizing only criminal justice agencies to submit and obtain data from the distinctive physical mark identification system; amending Minnesota Statutes 2004, section 299C.145, subdivision 3.

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

Emmer introduced:

H. F. No. 1150, A bill for an act relating to public safety; authorizing the Bureau of Criminal Apprehension to add certain identifying information of an individual who is the subject of a background check to the criminal history under certain circumstances; amending Minnesota Statutes 2004, section 299C.11.

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

Huntley, Murphy and Jaros introduced:

H. F. No. 1151, A bill for an act relating to counties; providing for a rate increase determination for a St. Louis County nursing facility; amending Minnesota Statutes 2004, section 256B.431, by adding a subdivision.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 504

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 685, 633, 418 and 629.

Patrick E. Flahaven, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 685, A bill for an act relating to highways; amending description of Legislative Route No. 143; amending Minnesota Statutes 2004, section 161.115, subdivision 74.

The bill was read for the first time.

Heidgerken moved that S. F. No. 685 and H. F. No. 254, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 633, A bill for an act relating to transportation; modifying provisions relating to the use of freeway or expressway shoulders by transit buses and authorizing the commissioner of transportation to allow such use by metro mobility buses; amending Minnesota Statutes 2004, section 169.306.

The bill was read for the first time.

Holberg moved that S. F. No. 633 and H. F. No. 577, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 418, A bill for an act relating to public lands; authorizing alternative investments of county environmental trust fund deposits; amending Laws 1998, chapter 389, article 16, section 31, subdivision 4, as amended.

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

S. F. No. 629, A bill for an act relating to the Metropolitan Council; removing the requirement for adoption of a separate airports or aviation system plan; repealing provisions for planning administration between the Metropolitan Council and the Metropolitan Airports Commission; repealing obsolete provisions; amending Minnesota Statutes 2004, sections 473.146, subdivisions 1, 3; 473.192, subdivisions 2, 3; 473.655; 473.852, subdivision 8; repealing Minnesota Statutes 2004, sections 473.155; 473.619.

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

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 505

CONSENT CALENDAR

H. F. No. 378 was reported to the House.

Nelson, P., moved to amend H. F. No. 378, the first engrossment, as follows:

Page 18, delete section 23

Renumber the sections in sequence and correct the internal references

Page 3 of the Memorandum of Explanation, delete section 23

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 18, delete "103F.205, subdivision 1;"

Page 2, line 19, delete the period and insert a semicolon

The motion prevailed and the amendment was adopted.

H. F. No. 378, A bill for an act relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 2004, sections 4.077, subdivision 1; 10A.04, subdivision 6; 13.32, subdivision 3; 13.321, by adding a subdivision; 13.381, by adding a subdivision; 13.46, subdivision 2; 13.47, subdivision 1; 13.4963, subdivision 2; 15.0591, subdivision 2; 15.39, subdivision 2; 16B.31, subdivision 1; 17.43; 18C.60, subdivision 1; 28.15; 32.645; 47.59, subdivision 2; 62I.13, subdivision 3; 62L.17, subdivision 2a; 64B.37, subdivision 2; 82.33, subdivision 4; 84.8712, subdivisions 2, 3, 4, 6; 85.22, subdivision 2a; 89.01, subdivision 5a; 115B.20, subdivision 2; 116J.871, subdivision 3; 119B.25, subdivision 2; 124D.68, subdivision 2; 127A.10; 137.09; 144.6501, subdivision 1; 145B.04; 152.027, subdivision 4; 155A.03, subdivision 1; 155A.16; 161.1419, subdivision 8; 168.275; 168.33, subdivision 2a; 169.21, subdivision 2; 169.50, subdivision 1; 169.59, subdivision 4; 169A.55, subdivision 3; 171.181, subdivision 1; 177.23, subdivision 7; 181.30; 201.014, subdivision 2; 201.071, subdivision 1; 201.15, subdivision 1; 204B.10, subdivision 6; 216B.61; 219.57, subdivision 6; 234.23; 235.10; 235.13; 237.763; 238.37; 238.38; 238.42; 239.791, subdivision 15; 244.05, subdivisions 4, 5; 245.466, subdivision 1; 245.4875, subdivision 1; 245.75; 246.01; 246B.04, subdivision 2; 252.24, subdivision 5; 252A.03, subdivisions 1, 4; 252A.101, subdivisions 1, 5; 253B.23, subdivision 2; 256.93, subdivision 1; 256B.055, subdivision 12; 256B.0625, subdivision 6a; 256B.0627, subdivisions 1, 5; 256B.0917, subdivisions 4, 5; 256B.0951, subdivision 8; 256B.431, subdivision 14; 256G.01, subdivision 3; 256L.07, subdivision 1; 256L.15, subdivision 2; 256M.10, subdivision 5; 257B.08; 259.21, subdivision 4; 260B.007, subdivision 16; 260C.101, subdivision 2; 276.04, subdivision 2; 290.095, subdivision 1; 299D.07; 299F.051, subdivision 4; 299F.093, subdivision 1; 302A.011, subdivision 16; 303.03; 303.25, subdivision 1; 321.0210; 321.1114; 322B.03, subdivision 27; 325F.40; 325N.15; 329.17; 333.135; 336.4A-105; 343.40, subdivision 3; 345.14; 346.05; 353.01, subdivision 2; 353.34, subdivision 3a; 356.431, subdivision 1; 395.22; 458D.02, subdivision 2; 469.104; 473.845, subdivision 1; 481.05; 501B.18; 501B.19; 514.996, subdivision 3; 515B.4-102; 524.2-114; 525.9212; 525.95, subdivision 1; 527.38; 527.39; 529.12; 540.18, subdivision 1; 580.041, subdivision 2; 624.64; 624.67; 626.84, subdivision 1;

Journal of the House - 17th Day - Thursday, February 17, 2005 - Top of Page 506

629.11; 631.04; Laws 2003, First Special Session chapter 11, article 2, section 21; Laws 2004, chapter 199, article 12, section 108; Laws 2004, chapter 261, article 6, section 5; repealing Minnesota Statutes 2004, sections 115B.49, subdivision 4a; 306.13; 315.43; 317A.909, subdivision 4; 357.12; 367.40, subdivisions 3, 4; 367.401, subdivision 4; 367.42; 398.35, subdivision 2; Laws 2001, First Special Session chapter 10, article 10, section 1; Laws 2003, chapter 8, section 2; Laws 2004, chapter 219, section 1; Laws 2004, chapter 288, article 3, section 5; Minnesota Rules, parts 6700.0100, subpart 14; 6700.1300; 9055.0125; 9055.0500; 9055.0510; 9055.0520; 9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570; 9055.0580; 9055.0590; 9055.0600; 9055.0610.

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 125 yeas and 3 nays as follows:

Those who voted in the affirmative were: