STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
NINETY-EIGHTH DAY
The House of Representatives convened at
10:00 a.m. and was called to order by Ron Abrams, Speaker pro tempore.
Prayer was offered by Father Donald
Wagner, St. Edward's Catholic Church,
The members of the House gave the pledge
of allegiance to the flag of the
The roll was called and the following
members were present:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Mariani and Olson were excused.
Erhardt was excused until
10:30 a.m. Murphy was excused until
10:55 a.m.
The Chief Clerk proceeded to read the Journal
of the preceding day. Johnson, R., moved
that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 2437 and
H. F. No. 2839, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Tingelstad moved that the rules be so far
suspended that S. F. No. 2437 be substituted for
H. F. No. 2839 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2883 and
H. F. No. 2977, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Poppe moved that the rules be so far
suspended that S. F. No. 2883 be substituted for
H. F. No. 2977 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2983 and
H. F. No. 3201, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Beard moved that the rules be so far
suspended that S. F. No. 2983 be substituted for
H. F. No. 3201 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3526 and
H. F. No. 3805, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Vandeveer moved that the rules be so far
suspended that S. F. No. 3526 be substituted for
H. F. No. 3805 and that the House File be indefinitely
postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF
OFFICE OF THE GOVERNOR
April 27, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The State of
Dear Speaker
Sviggum:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 680, relating to
landlord and tenant; clarifying a provision relating to utility metering and
billing.
H. F. No. 2645, relating to
H. F. No. 3169, relating to
local government; prohibiting units of local government from imposing certain
fees related to students at postsecondary institutions.
Sincerely,
Tim
Pawlenty
Governor
STATE OF
OFFICE OF THE SECRETARY OF STATE
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2006 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2006 |
Date Filed 2006 |
2998 182 9:25 a.m. April 27 April 27
680 183 9:20 a.m. April 27 April 27
2645 184 9:30 a.m. April 27 April 27
3169 185 11:25 a.m. April 27 April 27
Sincerely,
Mary
Kiffmeyer
Secretary
of State
REPORTS
OF STANDING COMMITTEES
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 3441, A bill for an act relating to agriculture;
providing for a checkoff for fertilizer, soil amendment, and plant amendment;
establishing a Minnesota Agricultural Fertilizer Research and Education Council
and program; exempting on-farm storage from fertilizer facility safeguarding
and permitting; appropriating money; amending Minnesota Statutes 2004, section
18C.305, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 18C.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 18C.305, is amended by adding a
subdivision to read:
Subd. 3. Exemption. A permit and safeguard is not required for
a person who stores on the person's own property and for the person's own use
no more than 6,000 gallons of liquid commercial fertilizer.
Sec. 2. [18C.70]
Subdivision 1.
Establishment; membership. (a) The
(1) two members of the
(2) one member of the
(3) one member of the
(4) one member of the sugar beet growers industry;
(5) one member of the
(6) one member of the potato growers industry;
(7) one member of the
(8) one member of the
(9) one member from the
(10) one member of the
(11) one member of the
(b)
Council members shall serve three-year terms.
After the initial council is appointed, subsequent appointments must be
staggered so that one-third of council membership is replaced each year. Council members must be nominated by their
organizations and appointed by the commissioner. The council may add ex-officio members at its
discretion. The council shall meet at
least once per year, with all related expenses reimbursed by members'
sponsoring organizations or by the members themselves.
Subd. 2. Powers and duties. The council shall review applications and
select projects to receive agricultural fertilizer research and education
program grants, as authorized in section 18C.71. The council shall establish a program to
provide grants to research, education, and technology transfer projects related
to agricultural fertilizer, soil amendments, and plant amendments. For the purpose of this section, "fertilizer"
includes soil amendments and plant amendments, but does not include vegetable
or animal manures that are not manipulated.
The commissioner shall have authority over all deposits to and
withdrawals from the program account authorized in subdivision 4, but after
January 1, 2008, the council may select the commissioner or any other person it
deems fit to perform all other administrative duties related to the
program. The commissioner shall be
responsible for all fiscal and administrative duties in the first year and may
use up to eight percent of program revenue to offset costs incurred. No later than October 1, 2007, the
commissioner shall provide the council with an estimate of the annual costs the
Department of Agriculture would incur in administering the program.
Subd. 3. Checkoff fees. Any person, whether in Minnesota or
elsewhere, that sells fertilizer to producers must collect a checkoff of 40
cents per ton of fertilizer sold and forward the checkoff funds at least
semiannually to the commissioner along with forms provided by the commissioner. For the purposes of this section, a producer
means any person who owns or operates an agricultural producing or growing
facility for an agricultural commodity and shares in the profits and risk of
loss from such operation and who grows, raises, feeds, or produces the
agricultural commodity in Minnesota during the current or preceding calendar
year.
Subd. 4. Program account. There is established in the state
treasury an agricultural fertilizer research and education program account in
the agricultural fund. The checkoff
funds raised under this section must be deposited in the account. Money in the account, including interest
earned, is appropriated to the commissioner to carry out the program and to
refund checkoff funds as described in subdivision 5.
Subd. 5. Refunds. Any producer may, by use of forms provided
by the commissioner, and upon presentation of such proof as the commissioner
requires, have the checkoff fee refunded, provided the checkoff fee was
remitted on a timely basis. The producer
must submit refund requests to the commissioner by February 28 each year for
checkoff fees paid in the previous calendar year. For checkoff fees paid between January 1,
2007, and January 1, 2008, refunds shall not be issued until January 15, 2008.
Subd. 6. Rules. The commissioner's duties under this
section and section 18C.71 are not subject to the provisions of chapter 14.
Subd. 7. Expiration. This section expires on January 8, 2017.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 3. [18C.71]
Subdivision 1.
Eligible projects. Eligible project activities include
research, education, and technology transfer related to the production and
application of fertilizer, soil amendments, and other plant amendments. Chosen projects must contain a component of
outreach that achieves a timely dissemination of findings and their
applicability to the production agricultural community.
Subd.
2.
Subd. 3. Annual audit. The program must have an annual audit of
financial activities, which the council must file with the commissioner on or
before June 1 for the immediately preceding year ending December 31.
Subd. 4. Expiration. This section expires January 8, 2017.
EFFECTIVE
DATE. This section is
effective January 1, 2007."
With the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 8, H. F. No. 3441 was re‑referred
to the Committee on Rules and Legislative Administration.
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 3442, A bill for an act relating to agriculture;
repealing regulation of beekeeping; amending Minnesota Statutes 2004, section
28A.15, subdivision 4; repealing Minnesota Statutes 2004, sections 19.50;
19.51; 19.52; 19.53; 19.55; 19.56; 19.561; 19.57; 19.58; 19.59; 19.61; 19.63;
19.65; Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [17.445] INSPECTIONS AND SERVICES; FEES.
Subdivision 1.
Definitions. For the purposes of this section, the
definitions in this subdivision have the meanings given them.
(a) "Apiary" means a place where a collection of
one or more hives or colonies of bees or the nuclei of bees are kept.
(b) "Bee equipment" means hives, supers, frames,
veils, gloves, and any apparatus, tool, machine, vehicle, or other device used
in the handling, moving, or manipulating of bees, honey, wax, or hives,
including containers of honey or wax, which may be used in an apiary or in
transporting bees and their products and apiary supplies.
(c)
"Bees" means any stage of the common honey bee, Apis mellifera (L).
(d) "Commissioner" means the commissioner of
agriculture or the commissioner's designees or authorized agents.
Subd. 2. Purpose. To ensure continued access to foreign and
domestic markets, the commissioner shall provide requested bee inspections and
other necessary services.
Subd. 3. Inspections and other services. On request, the commissioner may make
inspections for sale of bees, bee equipment, or appliances or perform other
necessary services.
Subd. 4. Fees. The commissioner shall charge a fee or
charge for expenses so as to recover the cost of performing the inspections and
services in subdivision 3. If a person
for whom these inspections or services are to be performed requests it, the
commissioner shall provide to the person in advance an estimate of the fees or
expenses that will be charged. All fees
and charges collected under this section shall be deposited in the state
treasury and credited to the general fund.
Sec. 2. Minnesota
Statutes 2004, section 28A.15, subdivision 4, is amended to read:
Subd. 4. Chapter 19 or 221 licensees
permittees; warehouse operators.
Any persons required to be licensed under chapter 19 or Trucks
operating under a certificate or permit issued pursuant to chapter 221 or
warehouse operators, other than cold storage warehouse operators, offering
storage or warehouse facilities for compensation.
Sec. 3. REPEALER.
Minnesota Statutes 2004, sections 19.50, subdivisions 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13, 14, 15, 17, and 18; 19.51,
subdivisions 1 and 2; 19.52; 19.53; 19.55; 19.56; 19.561; 19.57; 19.58,
subdivisions 1, 2, 4, 5, and 9; 19.59; 19.61, subdivision 1; 19.63; and 19.65,
and Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1, are
repealed.
Sec. 4. EFFECTIVE DATE.
Sections 1 to 3 are effective the day following final
enactment."
Delete the title and insert:
"A bill for an act relating to agriculture; providing
for certain inspections; repealing beekeeping regulation provisions; amending
Minnesota Statutes 2004, section 28A.15, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 17; repealing Minnesota Statutes 2004,
sections 19.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13, 14,
15, 17, 18; 19.51, subdivisions 1, 2; 19.52; 19.53; 19.55; 19.56; 19.561;
19.57; 19.58, subdivisions 1, 2, 4, 5, 9; 19.59; 19.61, subdivision 1; 19.63;
19.65; Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1."
With the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 8, H. F. No. 3442 was re‑referred
to the Committee on Rules and Legislative Administration.
Ozment
from the Committee on Agriculture, Environment and Natural Resources Finance to
which was referred:
H. F. No. 3546, A bill for an act relating to agriculture;
establishing a beef cattle diagnostic team pilot project in nine counties;
appropriating money.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 3.737, subdivision 1, is amended to
read:
Subdivision 1. Compensation required. (a) Notwithstanding section 3.736,
subdivision 3, paragraph (e), or any other law, a livestock owner shall be
compensated by the commissioner of agriculture for livestock that is destroyed
by a gray wolf or is so crippled by a gray wolf that it must be destroyed. Except as provided in this section, the
owner is entitled to the fair market value of the destroyed livestock as
determined by the commissioner, upon recommendation of a university extension
agent or a conservation officer. In
any calendar year, a livestock owner may not be compensated for a destroyed
animal claim that is less than $100 in value and may be compensated up to
$20,000 per claim, as determined under this section. In any calendar year, the commissioner may
provide compensation for claims filed pursuant to this section and section
3.7371 to a total of $100,000 for both programs combined.
(b) Either the agent or the conservation officer must make a
personal inspection of the site. The
agent or the conservation officer must take into account factors in addition to
a visual identification of a carcass when making a recommendation to the
commissioner. The commissioner, upon
recommendation of the agent or conservation officer, shall determine whether
the livestock was destroyed by a gray wolf and any deficiencies in the owner's
adoption of the best management practices developed in subdivision 5. The commissioner may authorize payment of
claims only if the agent or the conservation officer has recommended payment. The owner shall file a claim on forms provided
by the commissioner and available at the university extension agent's office.
Sec. 2. Minnesota
Statutes 2004, section 3.7371, subdivision 3, is amended to read:
Subd. 3. Compensation. The crop owner is entitled to the target
price or the market price, whichever is greater, of the damaged or destroyed
crop plus adjustments for yield loss determined according to agricultural
stabilization and conservation service programs for individual farms, adjusted
annually, as determined by the commissioner, upon recommendation of the county
extension agent for the owner's county.
The commissioner, upon recommendation of the agent, shall determine
whether the crop damage or destruction is caused by elk and, if so, the amount
of the crop that is damaged or destroyed.
In any calendar year, a crop owner may not be compensated for a damaged
or destroyed crop that is less than $100 in value and may be compensated up to
$20,000, as determined under this section, if normal harvest procedures for the
area are followed. In any calendar
year, the commissioner may provide compensation for claims filed pursuant to
this section and section 3.737 to a total of $100,000 for both programs
combined.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 35.05, is amended to read:
35.05 AUTHORITY OF STATE
BOARD.
(a) The state board may quarantine or kill any domestic
animal infected with, or which has been exposed to, a contagious or infectious
dangerous disease if it is necessary to protect the health of the domestic
animals of the state.
(b)
The board may regulate or prohibit the arrival in and departure from the state
of infected or exposed animals and, in case of violation of any rule or
prohibition, may detain any animal at its owner's expense. The board may regulate or prohibit the
importation of domestic animals which, in its opinion, may injure the health of
(c) When the governor declares an emergency under section
35.0661, the board, through its executive director, may assume control of such
resources within the
(d) The board may test or require tests of any bovine or
cervidae in the state when the board deems it necessary to achieve or maintain
bovine tuberculosis accredited
(e) Rules adopted by the board under authority of this
chapter must be published in the State Register.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 327.201, is amended to read:
327.201 STATE FAIR CAMPING
AREA.
Notwithstanding sections 327.14 to 327.28 or any rule adopted
by the commissioner of health, the State Agricultural Society must operate and
maintain a camping area on the State Fairgrounds during the State Fair and
the
(1) recreational camping vehicles and tents, including their
attachments, must be separated from each other and from other structures by at
least seven feet;
(2) a minimum area of 300 square feet per site must be
provided and the total number of sites must not exceed one site for every 300
square feet of usable land area; and
(3) each site must face a driveway at least 16 feet in width
and each driveway must have unobstructed access to a public roadway.
Sec. 5. [604.17] PERSONAL RESPONSIBILITY IN FOOD
CONSUMPTION ACT.
Subdivision 1.
Title. This section 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 or
obesity resulting from the individual's or group of individuals' long-term
purchase or consumption of a food or nonalcoholic beverage.
Subd.
4.
(1) a material violation of an adulteration or misbranding
requirement prescribed by state or federal statute, rule, or regulation and the
claimed injury was proximately caused by the violation; or
(2) any other material violation of federal or state law
applicable to the manufacturing, marketing, distribution, advertising,
labeling, or sale of food and the claimed injury was proximately caused by the
violation.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to any action brought
by any party on or after the effective date.
Sec. 6. ENERGY AND CONSERVATION; STUDY.
The commissioner of agriculture, in consultation with the
Minnesota Resource Conservation and Development Council, the Board of Water and
Soil Resources, and the commissioner of natural resources, shall study the
feasibility of developing energy sources as they relate to land enrolled under
federal farm programs or under state easement programs in Minnesota. The commissioner shall submit a report, with
findings and recommendations, to the governor and the legislature by February
15, 2007.
Sec. 7. UNIVERSITY OF MINNESOTA LICENSING AND
MINNESOTA MARKET IMPACT STUDY.
The University of Minnesota is requested to establish a task
force to study the market impact on Minnesota producers of agricultural
products from the University of Minnesota licensing germplasm and to make
recommendations to the legislature and the Board of Regents on ways to mitigate
any negative impacts on Minnesota businesses that arise from University of
Minnesota license agreements. The task
force must include a representative of the University of Minnesota Extension
Service serving as the chair, and representatives of the Minnesota Farm Bureau,
the Minnesota Farmers Union, agricultural commodity organizations, the
Minnesota Apple Growers Association, the Minnesota Fruit and Vegetable Growers
Association, the Minnesota Nursery Landscape Association, the Minnesota
Department of Agriculture, and the Minnesota grown program. Members serve on the task force on a
voluntary basis. The chair may also
invite participation from other staff and faculty of the University of
Minnesota as necessary to fulfill the purpose of the task force. The task force must report to the committees
of the legislature with responsibility for higher education no later than
January 15, 2007.
Sec. 8. REPEALER.
Minnesota Statutes 2004, section 17.10, is repealed."
Delete the title and insert:
"A bill for an act relating to agriculture; changing
certain compensation requirements; authorizing certain testing; expanding a
camping requirement; providing for personal responsibility in food consumption;
requiring studies; eliminating a reporting requirement; amending Minnesota
Statutes 2004, sections 3.737, subdivision 1; 3.7371, subdivision 3; Minnesota
Statutes 2005 Supplement, sections 35.05; 327.201; proposing coding for new law
in Minnesota Statutes, chapter 604; repealing Minnesota Statutes 2004, section
17.10."
With the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 8, H. F. No. 3546 was re‑referred
to the Committee on Rules and Legislative Administration.
Ozment
from the Committee on Agriculture, Environment and Natural Resources Finance to
which was referred:
H. F. No. 3605, A bill for an act relating to natural
resources; appropriating money for the Legislative Commission on Minnesota
Resources or its successor.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35, is
amended to read:
Subd. 35. Public official. "Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house, revisor of statutes,
or researcher, legislative analyst, or attorney in the Office of Senate Counsel
and Research or House Research;
(3) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(4) solicitor general or deputy, assistant, or special
assistant attorney general;
(5) commissioner, deputy commissioner, or assistant
commissioner of any state department or agency as listed in section 15.01 or
15.06, or the state chief information officer;
(6) member, chief administrative officer, or deputy chief
administrative officer of a state board or commission that has either the power
to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate
contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is
authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate
contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the
State Office of Administrative Hearings or referee in the Department of
Employment and Economic Development;
(12) member, regional administrator, division director,
general counsel, or operations manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling
Enforcement in the Department of Public Safety;
(15) member or executive director of the Higher Education
Facilities Authority;
(16)
member of the board of directors or president of Minnesota Technology, Inc.; or
(17) member of the board of directors or executive director
of the Minnesota State High School League.; or
(18) a citizen member of the Legislative-Citizen Commission
on Minnesota Resources.
Sec. 2. Minnesota
Statutes 2004, section 84.085, subdivision 1, is amended to read:
Subdivision 1. Authority. (a) The commissioner of natural resources may
accept for and on behalf of the state any gift, bequest, devise, or grants of
lands or interest in lands or personal property of any kind or of money
tendered to the state for any purpose pertaining to the activities of the
department or any of its divisions. Any
money so received is hereby appropriated and dedicated for the purpose for
which it is granted. Lands and interests
in lands so received may be sold or exchanged as provided in chapter 94.
(b) When the commissioner of natural resources accepts lands
or interests in land, the commissioner may reimburse the donor for costs
incurred to obtain an appraisal needed for tax reporting purposes. If the state pays the donor for a portion of
the value of the lands or interests in lands that are donated, the
reimbursement for appraisal costs shall not exceed $1,500. If the donor receives no payment from the
state for the lands or interests in lands that are donated, the reimbursement
for appraisal costs shall not exceed $5,000.
(b) (c) The commissioner of natural
resources, on behalf of the state, may accept and use grants of money or
property from the United States or other grantors for conservation purposes not
inconsistent with the laws of this state.
Any money or property so received is hereby appropriated and dedicated
for the purposes for which it is granted, and shall be expended or used solely
for such purposes in accordance with the federal laws and regulations
pertaining thereto, subject to applicable state laws and rules as to manner of
expenditure or use providing that the commissioner may make subgrants of any
money received to other agencies, units of local government, private
individuals, private organizations, and private nonprofit corporations. Appropriate funds and accounts shall be
maintained by the commissioner of finance to secure compliance with this
section.
(c) (d) The commissioner may accept for
and on behalf of the permanent school fund a donation of lands, interest in
lands, or improvements on lands. A
donation so received shall become state property, be classified as school trust
land as defined in section 92.025, and be managed consistent with section
127A.31.
Sec. 3. [85.0145] ACQUISITION OF LAND FOR
FACILITIES.
The commissioner of natural resources may acquire interests
in land by gift, purchase, or lease for facilities outside the boundaries of
state parks, state recreation areas, or state waysides that are needed for the
management of state parks, state recreation areas, or state waysides
established under sections 85.012 and 85.013.
Sec. 4. Minnesota
Statutes 2004, section 85.052, subdivision 4, is amended to read:
Subd. 4. Deposit of fees. (a) Fees paid for providing contracted
products and services within a state park, state recreation area, or wayside,
and for special state park uses under this section shall be deposited in the
natural resources fund and credited to a state parks account.
(b) Gross receipts derived from sales, rentals, or leases of
natural resources within state parks, recreation areas, and waysides, other
than those on trust fund lands, must be deposited in the state treasury and
credited to the general fund.
(c)
Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway
Vehicle Recreation Area shall be deposited in the dedicated accounts in the
natural resources fund from which the purchase of the stockpile material was
made.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 85.053, subdivision 2, is amended to read:
Subd. 2. Requirement. Except as provided in section 85.054, a motor
vehicle may not enter a state park, state recreation area, or state wayside
over 50 acres in area, without a state park permit issued under this section. Except for vehicles permitted under subdivision
subdivisions 7, paragraph (a), clause (2), and 8, the state park
permit must be affixed to the lower right corner windshield of the motor
vehicle and must be completely affixed by its own adhesive to the windshield,
or the commissioner may, by written order, provide an alternative means to
display and validate annual permits.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 6. Minnesota
Statutes 2004, section 85.053, is amended by adding a subdivision to read:
Subd. 8. Towed vehicles. The commissioner shall prescribe and issue
a temporary permit for a vehicle that enters a park towed by a vehicle used for
camping. The temporary permit shall be
issued with the camping permit and allows the towed vehicle to be driven in
state parks until the camping permit expires.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 7. Minnesota
Statutes 2004, section 85.054, is amended by adding a subdivision to read:
Subd. 12. Soudan Underground Mine State Park. A state park permit is not required and a
fee may not be charged for motor vehicle entry or parking at the visitor
parking area of Soudan Underground Mine State Park.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 8. Minnesota
Statutes 2004, section 85.054, is amended by adding a subdivision to read:
Subd. 13. Sunday church services. A state park permit is not required and a
fee may not be charged for motor vehicle entry to attend a Sunday church
service held in a state park if the motor vehicle and occupants depart the park
within two hours of entry.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 9. Minnesota
Statutes 2005 Supplement, section 85.055, subdivision 1, is amended to read:
Subdivision 1. Fees.
The fee for state park permits for:
(1) an annual use of state parks is $25;
(2) a second vehicle state park permit is $18;
(3) a state park permit valid for one day is $7 $5;
(4) a daily vehicle state park permit for groups is $5
$3;
(5) an annual permit for motorcycles is $20;
(6)
(6) (7) a state park permit for handicapped
disabled persons under section 85.053, subdivision 7, clauses (1) and (2),
is $12.
The fees specified in this subdivision include any sales tax
required by state law.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 10. Minnesota
Statutes 2004, section 88.79, subdivision 1, is amended to read:
Subdivision 1. Employment of competent foresters; service
to private owners. The commissioner
of natural resources may employ competent foresters to furnish owners of forest
lands within the state of Minnesota owning respectively not exceeding who
own not more than 1,000 acres of such forest land, forest
management services consisting of:
(1) advice in management and protection of timber,
including written stewardship and forest management plans;
(2) selection and marking of timber to be cut,;
(3) measurement of products,;
(4) aid in marketing harvested products,;
(5) provision of tree-planting equipment; and
(6) such other services as the commissioner of natural
resources deems necessary or advisable to promote maximum sustained yield of
timber upon such forest lands.
Sec. 11. [89.22] USES OF STATE FOREST LANDS;
FEES.
Subdivision 1.
Establishing fees. Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish
fees providing for the use of state forest lands, including motorcycle,
snowmobile, and sports car rallies, races, or enduros; orienteering trials;
group campouts that do not occur at designated group camps; dog sled races; dog
trials; large horse trail rides; and commercial uses. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Subd. 2. Receipts to special revenue fund. Fees collected under subdivision 1 shall
be credited to the special revenue fund and are annually appropriated to the
commissioner for costs incurred attributable to the uses for which the fees
were imposed.
Sec. 12. Minnesota
Statutes 2004, section 90.14, is amended to read:
90.14 AUCTION SALE
PROCEDURE.
(a) All state timber shall be offered and sold by the same
unit of measurement as it was appraised.
The sale shall be made to the person who (1) bids the highest price
for all the several kinds of timber as advertised, or (2) if unsold at public
auction, to the person who purchases at any subsequent sale authorized under
section 90.101, subdivision 1. No tract shall be sold to any person
other than the purchaser in whose name the bid was made. The commissioner may refuse to approve
any and all bids received and cancel a sale of state timber for good and
sufficient reasons.
(b)
The purchaser at any sale of timber shall, immediately upon the approval of the
bid, or, if unsold at public auction, at the time of purchase at a subsequent
sale under section 90.101, subdivision 1, pay to the commissioner a down
payment of 15 percent of the appraised value.
In case any purchaser fails to make such payment, the purchaser shall be
liable therefor to the state in a civil action, and the commissioner may
reoffer the timber for sale as though no bid or sale under section 90.101,
subdivision 1, therefor had been made.
(c) In lieu of the scaling of state timber required by this
chapter, a purchaser of state timber may, at the time of payment by the
purchaser to the commissioner of 15 percent of the appraised value, elect in
writing on a form prescribed by the attorney general to purchase a permit based
solely on the appraiser's estimate of the volume of timber described in the
permit, provided that the commissioner has expressly designated the
availability of such option for that tract on the list of tracts available for
sale as required under section 90.101. A
purchaser who elects in writing on a form prescribed by the attorney general to
purchase a permit based solely on the appraiser's estimate of the volume of timber
described on the permit does not have recourse to the provisions of section
90.281.
(d) In the case of a public auction sale conducted by a
sealed bid process, tracts shall be awarded to the high bidder, who shall pay
to the commissioner a down payment of 15 percent of the appraised value within
ten business days of receiving a written award notice. If a purchaser fails to make the down
payment, the purchaser is liable for the down payment to the state and the
commissioner may offer the timber for sale to the next highest bidder as though
no higher bid had been made.
(e) Except as otherwise provided by law, at the time the
purchaser signs a permit issued under section 90.151, the purchaser shall make
a bid guarantee payment to the commissioner in an amount equal to 15 percent of
the total purchase price of the permit less the down payment amount required by
paragraph (b). If the bid guarantee
payment is not submitted with the signed permit, no harvesting may occur, the
permit cancels, and the down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective
permit.
Sec. 13. [90.145] PURCHASER QUALIFICATIONS AND
REGISTRATION.
Subdivision 1.
Purchaser qualifications. (a) In addition to any other requirements
imposed by this chapter, the purchaser of a state timber permit issued under
section 90.151 must meet the requirements in paragraphs (b) to (d).
(b) The purchaser and the purchaser's agents, employees,
subcontractors, and assigns must comply with general industry safety standards
for logging adopted by the commissioner of labor and industry under chapter
182. The commissioner of natural
resources shall require a purchaser to provide proof of compliance with the
general industry safety standards.
(c) The purchaser and the purchaser's agents, subcontractors,
and assigns must comply with the mandatory insurance requirements of chapter
176. The commissioner shall require a
purchaser to provide a copy of the proof of insurance required by section
176.130 before the start of harvesting operations on any permit.
(d) Before the start of harvesting operations on any permit,
the purchaser must certify that a foreperson or other designated employee who
has a current certificate of completion from the Minnesota logger education
program (MLEP), the Wisconsin Forest Industry Safety and Training Alliance
(FISTA), or any similar program acceptable to the commissioner, is supervising
active logging operations.
Subd. 2. Purchaser preregistration. To facilitate the sale of permits issued
under section 90.151, the commissioner may establish a purchaser
preregistration system. Any system
implemented by the commissioner shall be limited in scope to only that information
that is required for the efficient administration of the purchaser
qualification provisions of this chapter and shall conform with the
requirements of chapter 13.
Sec.
14. Minnesota Statutes 2004, section
90.151, subdivision 1, is amended to read:
Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for
state timber required under section 90.14 or 90.191, the commissioner shall
issue a numbered permit to the purchaser, in a form approved by the attorney
general, by the terms of which the purchaser shall be authorized to enter upon
the land, and to cut and remove the timber therein described as designated for
cutting in the report of the state appraiser, according to the provisions of
this chapter. The permit shall be
correctly dated and executed by the commissioner and signed by the
purchaser. If a permit is not signed by
the purchaser within 60 days from the date of purchase, the permit cancels and
the down payment for timber required under section 90.14 forfeits to the state.
(b) The permit shall expire no later than five years after
the date of sale as the commissioner shall specify or as specified under
section 90.191, and the timber shall be cut within the time specified
therein. All cut timber, equipment, and
buildings not removed from the land within 90 days after expiration of the
permit shall become the property of the state.
(c) The commissioner may grant an additional period of time
not to exceed 120 days for the removal of cut timber, equipment, and buildings
upon receipt of such request by the permit holder for good and sufficient
reasons. The commissioner may grant a
second period of time not to exceed 120 days for the removal of cut timber,
equipment, and buildings upon receipt of a request by the permit holder for
hardship reasons only.
(d) No permit shall be issued to any person other than the
purchaser in whose name the bid was made.
Sec. 15. Minnesota
Statutes 2004, section 90.151, subdivision 6, is amended to read:
Subd. 6. Notice and approval required. The permit shall provide that the permit
holder shall not start cutting any state timber nor clear building sites nor
logging roads until the commissioner has been notified and has given prior
approval to such cutting operations. Approval
shall not be granted until the permit holder has completed a presale conference
with the state appraiser designated to supervise the cutting. The permit holder shall also give prior
notice whenever permit operations are to be temporarily halted, whenever permit
operations are to be resumed, and when permit operations are to be completed.
Sec. 16. Minnesota
Statutes 2004, section 90.151, is amended by adding a subdivision to read:
Subd. 15. Liquidated damages. The permit may include a schedule of
liquidated damage charges for breach of permit terms by the permit holder. The damage charges shall be limited to
amounts that are reasonable in light of the anticipated or actual harm caused
by the breach, the difficulties of proof of loss, and the inconvenience or
nonfeasibility of otherwise obtaining an adequate remedy.
Sec. 17. Minnesota
Statutes 2004, section 103I.005, subdivision 9, is amended to read:
Subd. 9. Exploratory boring. "Exploratory boring" means a
surface drilling done to explore or prospect for oil, natural gas, apatite,
diamonds, graphite, gemstones, kaolin clay, and metallic minerals,
including iron, copper, zinc, lead, gold, silver, titanium, vanadium, nickel,
cadmium, molybdenum, chromium, manganese, cobalt, zirconium, beryllium,
thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and
niobium, and a drilling or boring for petroleum.
Sec. 18. Minnesota
Statutes 2004, section 116.07, subdivision 2a, is amended to read:
Subd. 2a. Exemptions from standards. No standards adopted by any state agency for
limiting levels of noise in terms of sound pressure which may occur in the
outdoor atmosphere shall apply to (1) segments of trunk highways constructed
with federal interstate substitution money, provided that all reasonably
available noise mitigation
measures are employed to abate noise, (2) an existing or newly constructed
segment of a highway, provided that all reasonably available noise mitigation
measures, as approved by the commissioners of the Department of Transportation
and Pollution Control Agency, are employed to abate noise, (3) except for the
cities of Minneapolis and St. Paul, an existing or newly constructed segment of
a road, street, or highway under the jurisdiction of a road authority of a
town, statutory or home rule charter city, or county, except for roadways for
which full control of access has been acquired, (4) skeet, trap or shooting
sports clubs, or (5) motor vehicle race events conducted at a facility
specifically designed for that purpose that was in operation on or before July
1, 1983. 1996. Motor vehicle
race events exempted from state standards under this subdivision are exempt
from claims based on noise brought under section 561.01 and chapters 116B and
116D. Nothing herein shall prohibit
a local unit of government or a public corporation with the power to make rules
for the government of its real property from regulating the location and
operation of skeet, trap or shooting sports clubs, or motor vehicle race events
conducted at a facility specifically designed for that purpose that was in
operation on or before July 1, 1983 1996.
Sec. 19. Minnesota
Statutes 2004, section 116P.02, subdivision 4, is amended to read:
Subd. 4. Commission. "Commission" means the Legislative
Legislative-Citizen Commission on Minnesota Resources.
Sec. 20. Minnesota
Statutes 2004, section 116P.03, is amended to read:
116P.03 TRUST FUND NOT TO
SUPPLANT EXISTING FUNDING; APPROPRIATIONS.
(a) The trust fund may not be used as a substitute for
traditional sources of funding environmental and natural resources activities,
but the trust fund shall supplement the traditional sources, including those
sources used to support the criteria in section 116P.08, subdivision 1. The trust fund must be used primarily to support
activities whose benefits become available only over an extended period of
time.
(b) The commission must determine the amount of the state
budget spent from traditional sources to fund environmental and natural
resources activities before and after the trust fund is established and include
a comparison of the amount in the report under section 116P.09, subdivision 7.
(c) For the fiscal year beginning July 1, 2007, and each year
thereafter, the amount of the environment and natural resources trust fund that
is available for appropriation under the terms of the Minnesota Constitution,
article XI, section 14, shall be appropriated by a law passed by the
legislature and signed by the governor.
(d) The amount appropriated from the environment and natural
resources trust fund may be spent only for the public purpose of protection,
conservation, preservation, and enhancement of the state's air, water, land,
fish, wildlife, and other natural resources.
Recommendations made by the commission under this chapter must be
consistent with this chapter; the Minnesota Constitution, article XI, section
14; and the strategic plan adopted under section 116P.08, subdivision 3, and
must demonstrate a direct benefit to the state's environment and natural
resources.
Sec. 21. Minnesota
Statutes 2004, section 116P.04, subdivision 5, is amended to read:
Subd. 5. Audits required. The legislative auditor shall audit trust
fund expenditures to ensure that the money is spent for the purposes provided
in the commission's budget plan for which the money was appropriated.
Sec.
22. Minnesota Statutes 2004, section
116P.05, as amended by Laws 2005, First Special Session chapter 1, article 2,
section 135, is amended to read:
116P.05 LEGISLATIVE LEGISLATIVE-CITIZEN
COMMISSION ON MINNESOTA RESOURCES.
Subdivision 1. Membership. (a) A Legislative Legislative-Citizen
Commission on Minnesota Resources of 20 17 members is created
in the legislative branch, consisting of the chairs of the house and
senate committees on environment and natural resources or designees appointed
for the terms of the chairs, the chairs of the house and senate committees
on environment and natural resources finance or designees appointed for the
terms of the chairs, the chairs of the house Ways and Means and Senate
Finance Committees or designees appointed for the terms of the chairs, seven
four members of the senate appointed by the Subcommittee on Committees of
the Committee on Rules and Administration, and seven four members
of the house appointed by the speaker.
At least three two members from the senate and three
two members from the house must be from the minority caucus. Members are entitled to reimbursement for per
diem expenses plus travel expenses incurred in the services of the commission.
Seven citizens are members of the commission, five appointed
by the governor, one appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration, and one appointed by the speaker of the
house. The governor's appointees must be
confirmed with the advice and consent of the senate. The citizen members are selected and
recommended to the appointing authorities according to subdivision 1a and must:
(1) have experience or expertise in the science, policy, or
practice of the protection, conservation, preservation, and enhancement of the
state's air, water, land, fish, wildlife, and other natural resources;
(2) have strong knowledge in the state's environment and
natural resource issues around the state; and
(3) have demonstrated ability to work in a collaborative environment.
(b) Members shall appoint develop procedures to
elect a chair who that rotates between legislative and citizen
members. The chair shall preside and
convene meetings as often as necessary to conduct duties prescribed by this
chapter.
(c) Appointed legislative members shall serve on the
commission until their successors are appointed for two-year terms,
beginning in January of each odd-numbered year and continuing through the end
of December of the next even-numbered year.
Citizen and legislative members continue to serve until their successors
are appointed.
(d) A citizen member may be removed by an appointing
authority for cause. Vacancies
occurring on the commission shall not affect the authority of the remaining
members of the commission to carry out their duties, and vacancies shall be
filled for the remainder of the term in the same manner under paragraph
(a).
(e) Citizen members shall be initially appointed according to
the following schedule of terms:
(1) two members appointed by the governor for a term ending
the first Monday in January 2010;
(2) one member appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration for a term ending the
first Monday in January 2010 and one member appointed by the speaker of the
house for a term ending the first Monday in January 2010;
(3) two members appointed by the governor for a term ending
the first Monday in January 2009; and
(4)
one member appointed by the governor for a term ending the first Monday in January
2008.
(f) Citizen members are entitled to per diem and
reimbursement for expenses incurred in the services of the commission, as
provided in section 15.059, subdivision 3.
Subd. 1a. Citizen selection committee. The governor shall appoint a trust fund
citizen selection committee of five members who come from different regions of
the state and who have knowledge and experience of state environment and
natural resource issues.
The duties of the trust fund citizen selection committee
shall be to:
(1) identify citizen candidates to be members of the
commission as part of the open appointments process under section 15.0597;
(2) request and review citizen candidate applications to be
members of the commission; and
(3) interview the citizen candidates and recommend an
adequate pool of candidates to be selected for commission membership by the
governor, the senate, and the house of representatives.
Members are entitled to travel expenses incurred to fulfill
their duties under this subdivision as provided in section 15.059, subdivision
6.
Subd. 2. Duties.
(a) The commission shall recommend a budget plan an annual
legislative bill for expenditures appropriations from the
environment and natural resources trust fund and shall adopt a strategic plan
as provided in section 116P.08. Approval
of the recommended legislative bill requires an affirmative vote of at least 12
members of the commission.
(b) The commission shall recommend expenditures to the
legislature from the state land and water conservation account in the natural
resources fund.
(c) It is a condition of acceptance of the appropriations
made from the Minnesota environment and natural resources trust fund, and oil
overcharge money under section 4.071, subdivision 2, that the agency or entity
receiving the appropriation must submit a work program and semiannual progress
reports in the form determined by the Legislative Legislative-Citizen
Commission on Minnesota Resources, and comply with applicable reporting
requirements under section 116P.16. None
of the money provided may be spent unless the commission has approved the
pertinent work program.
(d) The peer review panel created under section 116P.08 must
also review, comment, and report to the commission on research proposals
applying for an appropriation from the oil overcharge money under section
4.071, subdivision 2.
(e) The commission may adopt operating procedures to fulfill
its duties under chapter 116P.
(f) As part of the operating procedures, the commission
shall:
(1) ensure that members' expectations are to participate in
all meetings related to funding decision recommendations;
(2) recommend adequate funding for increased citizen outreach
and communications for trust fund expenditure planning;
(3)
allow administrative expenses as part of individual project expenditures based
on need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review
process as simple as possible; and
(6) define and emphasize the leveraging of additional sources
of money that project proposers should consider when making trust fund
proposals.
Subd. 3. Sunset. This section expires June 30, 2016, unless
extended by the legislature.
Sec. 23. Minnesota
Statutes 2004, section 116P.07, is amended to read:
116P.07 INFORMATION
GATHERING.
The commission may convene public forums or employ other
methods to gather information for establishing priorities for funding.
Sec. 24. Minnesota
Statutes 2004, section 116P.08, subdivision 3, is amended to read:
Subd. 3. Strategic plan required. (a) The commission shall adopt a strategic
plan for making expenditures from the trust fund, including identifying the
priority areas for funding for the next six years. The strategic plan must be updated
reviewed every two years. The
plan is advisory only. The commission
shall submit the plan, as a recommendation, to the house of representatives
Ways and Means and senate Finance Committees by January 1 of each odd-numbered
year. The strategic plan must have clearly stated short- and long-term
goals and strategies for trust fund expenditures, must provide measurable
outcomes for expenditures, and must determine areas of emphasis for funding.
(b) The commission may accept or modify the draft of the
strategic plan submitted to it by the advisory committee before voting on the
plan's adoption shall consider the long-term strategic plans of agencies
with environment and natural resource programs and responsibilities and plans
of conservation and environmental organizations during the development and
review of the strategic plan.
Sec. 25. Minnesota
Statutes 2004, section 116P.08, subdivision 4, is amended to read:
Subd. 4. Budget plan Legislative
recommendations. (a) Funding may
be provided only for those projects that meet the categories established in
subdivision 1.
(b) Projects submitted to the commission for funding may
be referred to the advisory committee for recommendation.
(c) The commission must adopt a budget plan
recommend an annual legislative bill to make expenditures
appropriations from the trust fund for the purposes provided in subdivision
1. The budget plan
recommendations must be submitted to the governor for inclusion in the
biennial budget and supplemental budget submitted to the legislature.
(c) The commission may recommend regional block grants for a
portion of trust fund expenditures to partner with existing regional
organizations that have strong citizen involvement, to address unique local
needs and capacity, and to leverage all available funding sources for projects.
(d)
The commission may recommend the establishment of an annual emerging issues
account in its annual legislative bill for funding emerging issues, which come
up unexpectedly, but which still adhere to the commission's strategic plan, to
be approved by the governor after initiation and recommendation by the
commission.
(d) (e) Money in the trust fund may not be spent
except under an appropriation by law.
Sec. 26. Minnesota
Statutes 2004, section 116P.08, subdivision 5, is amended to read:
Subd. 5. Public meetings. All Technical advisory
committee and commission meetings must be open to the public. The commission shall attempt to meet at
least once in each of the state's congressional districts throughout
various regions of the state during each biennium.
Sec. 27. Minnesota
Statutes 2004, section 116P.08, subdivision 6, is amended to read:
Subd. 6. Peer review. (a) Research proposals must include a stated
purpose directly connected to the trust fund's constitutional mandate, this
chapter, and the adopted strategic plan under subdivision 3, a timeline,
potential outcomes, and an explanation of the need for the research. All research proposals must be reviewed by a
peer review panel before receiving an appropriation.
(b) In conducting research proposal reviews, the peer review
panel shall:
(1) comment on the methodology proposed and whether it can be
expected to yield appropriate and useful information and data;
(2) comment on the need for the research and about similar
existing information available, if any; and
(3) report to the commission and advisory committee on
clauses (1) and (2).
(c) The peer review panel also must review completed research
proposals that have received an appropriation and comment and report upon
whether the project reached the intended goals.
Sec. 28. Minnesota
Statutes 2004, section 116P.09, subdivision 1, is amended to read:
Subdivision 1. Administrative authority. The commission may appoint legal and other
personnel and consultants necessary to carry out functions and duties of the
commission. Permanent employees shall be
in the unclassified service. In
addition, the commission may request staff assistance and data from any other
agency of state government as needed for the execution of the responsibilities
of the commission and advisory committee and an agency must promptly
furnish it.
Sec. 29. Minnesota
Statutes 2004, section 116P.09, subdivision 6, is amended to read:
Subd. 6. Conflict of interest. A commission member, a technical advisory
committee member, a peer review panelist, or an employee of the
commission may not participate in or vote on a decision of the commission,
advisory committee, or peer review panel relating to an organization in which
the member, panelist, or employee has either a direct or indirect personal
financial interest. While serving on the
legislative commission, technical advisory committee, or peer
review panel, or being an employee of the commission, a person shall avoid any
potential conflict of interest.
Sec.
30. Minnesota Statutes 2004, section
116P.09, is amended by adding a subdivision to read:
Subd. 8. Technical advisory committees. The commission shall make use of available
public and private expertise on environment and natural resource issues by
appointing necessary technical advisory committees to review funding proposals
and evaluate project outcomes.
Compensation for technical advisory committee members is governed by
section 15.059, subdivision 6.
Sec. 31. Minnesota
Statutes 2004, section 116P.11, is amended to read:
116P.11 AVAILABILITY OF
FUNDS FOR DISBURSEMENT.
(a) The amount biennially annually available
from the trust fund for the budget plan legislative bill
developed by the commission is as defined in the Minnesota Constitution, article
XI, section 14.
(b) Any appropriated funds not encumbered in the biennium in
which they are appropriated cancel and must be credited to the principal of the
trust fund.
Sec. 32. Laws 2003,
chapter 128, article 1, section 165, is amended to read:
Sec. 165. ISTS PILOT PROGRAM.
The Pollution Control Agency shall, in conjunction with the
association of Minnesota counties, designate three cooperating counties with
waterbodies listed as impaired by fecal coliform bacteria, and within
designated counties shall:
(1) by July 1, 2007 2008, complete an inventory
of properties with individual sewage treatment systems that are an imminent
threat to public health or safety due to surface water discharges of untreated
sewage, and the inventory of properties may be phased over the period of the
pilot project; and
(2) require compliance under the applicable requirements of
this section by May 1, 2008 2009.
The pollution control agency may utilize cooperative agreements with the
three pilot counties to meet the requirements of clauses (1) and (2).
Sec. 33. CONTINUITY.
(a) The Legislative Commission on Minnesota Resources shall
continue to operate until the full membership of the Legislative-Citizen
Commission on Minnesota Resources is appointed under section 22, but no later
than August 15, 2006.
(b) The staff of the Legislative Commission on Minnesota
Resources shall provide administrative and professional services to the
Legislative-Citizen Commission on Minnesota Resources, as provided in Minnesota
Statutes, section 15.039, subdivision 7.
Sec. 34. TRANSITION PROVISIONS FOR LEGISLATIVE
MEMBERS.
Legislative members initially appointed to the
Legislative-Citizen Commission on Minnesota Resources serve through January 2,
2007, or for those who are still legislators in January 2007, until their
successors are appointed.
Sec.
35. LOWER
MINNESOTA RIVER WATERSHED DISTRICT; AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE,
IMPROVE, AND ENLARGE DREDGE MATERIAL SITE.
Subdivision 1.
Definitions. The definitions in this subdivision apply
to this section:
(1) "district" means the Lower Minnesota River
Watershed District, a district established under Minnesota Statutes, chapter
103D;
(2) "governing body" means the managers of the
district as defined in Minnesota Statutes, section 103D.011, subdivision 15;
and
(3) "dredge material site" means a site at which
public agencies or private customers may deposit material from dredging
activities conducted on the Minnesota River.
Subd. 2. Authorization; authority to own and
operate. The district may own
and operate a dredge material site for its own needs, the needs of other public
agencies, the needs of private customers, or any combination of these. The district may acquire, construct, and install
all facilities needed for that purpose and may lease, purchase, or acquire by
exercise of the power of eminent domain any existing properties so needed. The district may sell the dredge material to
any person or entity. If the governing
body determines that the dredge material has no value, the district may convey
the dredge material for no consideration to any person or entity. The district may hire all personnel the
governing body deems necessary and may make all necessary rules and regulations
for the operation and maintenance of the dredge material site.
Subd. 3. Charges; net revenues. (a) To pay for the acquisition,
maintenance, operation, improvement, and enlargement of the dredge material
site and to obtain and comply with permits required by law for the dredge
material site, the governing body may impose charges for permitting private
customers to deposit dredge material at the dredge material site and make
contracts for the charges as provided in this section.
(b) The amount of the charges imposed shall be established at
the discretion of the governing body. In
determining the amount of the charges to be imposed, the governing body may
give consideration to all costs of the operation and maintenance of the dredge
material site, the costs of depreciation and replacement of structures and
equipment, the costs of improvements and enlargements, the cost of reimbursing
the district for special assessment revenues expended for the benefit of
persons or entities not subject to special assessment levies by the district,
the amount of the principal and interest to become due on obligations issued or
to be issued, the costs of obtaining and complying with permits required by
law, the price charged for similar services by other providers of dredge
material sites in similar markets, and all other factors the governing body
deems relevant.
(c) At its discretion, the governing body may impose a
surcharge on private customers using the dredge material site in addition to
the charges allowed under paragraph (a).
The surcharge shall be for the purpose of paying for the removal of
dredge material from the dredging site if the governing body determines it
necessary. If the governing body later
determines that there is no need to pay for the removal of the dredge material
from the dredge material site, the governing body shall rebate all surcharges
paid by private customers.
Sec. 36. APPLICATION OF STORM WATER RULES TO
COUNTIES.
Until the Pollution Control Agency storm water rules are
amended, the provisions of Minnesota Rules, part 7090.1010, subpart 1, item B,
subitems (2) and (3), only, shall not apply to counties.
Sec.
37. TERRESTRIAL
SEQUESTRATION; REPORT.
The commissioners of agriculture, commerce, natural
resources, and the Pollution Control Agency shall review the phase 1 report
from the Minnesota Terrestrial Carbon Sequestration Project and report to the
Minnesota Environmental Quality Board and the members of the house and senate
committees with jurisdiction over agriculture, energy, environment, and natural
resource issues by June 30, 2007, on existing scientific information on carbon
stocks in Minnesota's major ecosystems, the economics of various carbon
enhancing practices, and alternative carbon trading systems and their potential
application in Minnesota.
Sec. 38. GREENHOUSE GAS EMISSIONS; REPORT.
The Pollution Control Agency, in collaboration with the
Minnesota Clean Energy Environment Partnership, shall report to the Minnesota
Environmental Quality Board and the members of the house and senate committees
with jurisdiction over agriculture, energy, environment, and natural resource
issues by June 30, 2007, on strategies for mitigating, reducing, and
sequestering state greenhouse gas emissions.
Sec. 39. DISPOSITION OF LAND SALE RECEIPTS.
Notwithstanding Laws 2005, chapter 156, article 2, section
45, or any other law to the contrary, during fiscal year 2006 and fiscal year
2007, all receipts from the sale of land under the control of the commissioner
of natural resources shall be credited according to Minnesota Statutes, section
94.16.
Sec. 40. REVISOR'S INSTRUCTION.
The revisor of statutes shall change the term
"Legislative Commission on Minnesota Resources" to
"Legislative-Citizen Commission on Minnesota Resources" wherever it
appears in Minnesota Statutes and Minnesota Rules.
Sec. 41. REPEALER.
(a) Minnesota Statutes 2004, sections 116P.02, subdivision 2;
and 116P.06, and Laws 2005, First Special Session chapter 1, article 2, section
156, subdivision 2, are repealed.
(b) Minnesota Statutes 2004, section 89.011, subdivisions 1,
2, 3, and 6, are repealed.
Sec. 42. EFFECTIVE DATE.
Sections 1; 19 to 21; 22, subdivisions 1, 2, and 3; 23 to 31;
33; 34; 40; and 41, paragraph (a), are effective June 1, 2006. Section 22, subdivision 1a, is effective the
day following final enactment."
Delete the title and insert:
"A bill for an act relating to natural resources;
reorganizing and renaming the Legislative Commission on Minnesota Resources;
providing for land donor appraisal reimbursement; providing for acquisition of
land for certain facilities; providing for disposition of certain receipts;
modifying state park permit provisions; modifying forest services provided to private owners; granting authority to
establish state forest user fees; modifying the State Timber Act; modifying
certain definitions; modifying noise standard exemptions; extending certain
pilot programs; granting certain authority to the Lower Minnesota River
Watershed District; exempting counties from certain rules; requiring reports;
eliminating the requirement for a comprehensive forest resource management
plan; appropriating money; amending Minnesota Statutes 2004, sections 84.085,
subdivision 1; 85.052, subdivision 4; 85.053, by adding a subdivision; 85.054,
by adding subdivisions; 88.79, subdivision 1; 90.14; 90.151, subdivisions 1, 6,
by adding a subdivision; 103I.005, subdivision 9; 116.07, subdivision 2a;
116P.02, subdivision 4; 116P.03; 116P.04, subdivision 5;
116P.05, as amended; 116P.07; 116P.08, subdivisions 3, 4, 5, 6; 116P.09,
subdivisions 1, 6, by adding a subdivision; 116P.11; Minnesota Statutes 2005
Supplement, sections 10A.01, subdivision 35; 85.053, subdivision 2; 85.055,
subdivision 1; Laws 2003, chapter 128, article 1, section 165; proposing coding
for new law in Minnesota Statutes, chapters 85; 89; 90; repealing Minnesota
Statutes 2004, sections 89.011, subdivisions 1, 2, 3, 6; 116P.02, subdivision
2; 116P.06; Laws 2005, First Special Session chapter 1, article 2, section 156,
subdivision 2."
With the recommendation that when so amended the bill pass.
The report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 8, H. F. No. 3605 was re‑referred
to the Committee on Rules and Legislative Administration.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 4142, A bill for an act relating to taxation;
providing a property tax rebate.
Reported the same back with the following amendments:
Page 1, line 9, delete "ten" and insert
"nine"
Page 3, delete subdivision 11
Page 3, line 17, delete "12" and insert
"11" and delete "$307,300,000" and insert
"$276,570,000"
Page 3, line 24, delete "13" and insert
"12"
Page 3, line 31, delete "this section and"
and delete "2" and insert "3"
Page 3, after line 32, insert:
"Sec. 2. SALE OF STATE LAND.
Subdivision 1.
State land sales. The commissioner of administration shall
coordinate with the head of each department or agency having control of
state-owned land to identify and sell at least $1,260,000 of state-owned
land. This amount is in addition to land
sales required in Laws 2005, chapter 156, article 2, section 45, or under any
other law. Sales should be completed
according to law and as provided in this section as soon as practicable but no
later than June 30, 2007.
Notwithstanding Minnesota Statutes, sections 16B.281, 16B.282, 94.09,
and 94.10, or any other law to the contrary, the commissioner may offer land
for public sale by only providing notice of lands or an offer of sale of lands
to state departments or agencies, the University of Minnesota, cities,
counties, towns, school districts, or other public entities.
Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes,
section 94.16, subdivision 3, or other law to the contrary, the amount of the
proceeds from the sale of land under this section that exceeds the actual
expenses of selling the land must be deposited in the general fund, except as
otherwise provided by the commissioner of finance. Notwithstanding Minnesota Statutes, section
16B.283 or 94.11, the commissioner of finance may establish the timing of
payments for land purchased under this section.
If the total of all money deposited into the general fund
from the proceeds of the sale of land under this section is anticipated to be
less than $1,260,000, the governor must allocate the amount of the difference
as reductions to general fund operating expenditures for other executive
agencies for the biennium ending June 30, 2007.
Subd. 3. Sale of state lands revolving loan fund. $55,000 is appropriated from the
general fund in fiscal year 2007 to the commissioner of administration for
purposes of paying the actual expenses of selling state-owned lands to achieve
the anticipated savings required in this section. From the gross proceeds of land sales under
this section, the commissioner of administration must cancel the amount of the
appropriation in this subdivision to the general fund by June 30, 2007."
Page 4, line 1, delete "$......." and insert
"$1,069,650"
Page 4, line 8, delete "$......." and insert
"$186,000"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, after "rebate" insert ";
providing for the sale of certain state lands to offset administrative costs of
the rebate; appropriating money"
With the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 4142 was read for the second
time.
SECOND READING OF SENATE
BILLS
S. F. Nos. 2437, 2883, 2983 and 3526 were
read for the second time.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
The following House Files were introduced:
Samuelson introduced:
H. F. No. 4177, A bill for an act relating
to tax increment financing; allowing a tax increment financing district in the
city of New Brighton to expend certain tax increments outside the district;
exempting the district from other requirements.
The bill was read for the first time and
referred to the Committee on Taxes.
Lenczewski; Peterson, N., and Larson
introduced:
H. F. No. 4178, A bill for an act relating
to tax increment financing; authorizing the city of Bloomington to extend the
duration of two districts.
The bill was read for the first time and
referred to the Committee on Taxes.
Eken introduced:
H. F. No. 4179, A bill for an act
proposing an amendment to the Minnesota Constitution, article VII, by adding a section; providing for certain
officers to be elected by a majority of the votes cast at the general election
for the office.
The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2985
A bill for an act relating to funerals; prohibiting the
disruption of a funeral, burial service, or memorial service; creating
penalties and providing civil remedy; proposing coding for new law in Minnesota
Statutes, chapter 609.
April 27, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the undersigned conferees for H. F. No. 2985, report that
we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
2985 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [609.501] FUNERAL OR BURIAL SERVICE;
PROHIBITED ACTS.
Subdivision 1.
Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Family or household" has the meaning given to
family or household member in section 518B.01, subdivision 2.
(c) "Funeral ceremony" has the meaning given in
section 149A.02, subdivision 18.
(d)
"Funeral procession" means two or more motor vehicles that identify
themselves by using regular lights and by keeping themselves in close
formation, one of which contains the body of a deceased person, enroute to or
from a funeral ceremony or a graveside service.
(e) "Graveside service" has the meaning given in
section 149A.02, subdivision 24.
(f) "Memorial service" has the meaning given in
section 149A.02, subdivision 28.
(g) "Targeted residential picketing" has the
meaning given in section 609.748, subdivision 1, paragraph (c), but does not
require more than one act or that acts be committed on more than one occasion.
Subd. 2. Crime to disrupt. (a) Whoever does any of the following is
guilty of a misdemeanor:
(1) with intent to disrupt a funeral ceremony, graveside service,
or memorial service, protests or pickets within 500 feet of the burial site or
the entrance to a facility or location being used for the service or ceremony,
within one hour prior to, during, or one hour following the service or
ceremony;
(2) with intent to disrupt a funeral procession, impedes or
attempts to impede a vehicle that is part of the procession;
(3) intentionally blocks or attempts to block access to a
funeral ceremony, graveside service, or memorial service; or
(4) knowingly engages in targeted residential picketing at
the home or domicile of any surviving member of the deceased person's family or
household on the date of the funeral ceremony, graveside service, or memorial
service.
(b) Whoever is convicted of a violation of paragraph (a)
following a previous conviction for a violation of paragraph (a) or a similar
statute from another state or the United States is guilty of a gross
misdemeanor.
Subd. 3. Civil remedy. A person who violates subdivision 2 is
liable to a surviving member of the deceased person's family or household for
damages caused by the violation. A
surviving member of the deceased person's family or household may also bring an
action for injunctive relief and other appropriate relief or remedial
compensation. In an action brought under
this subdivision, a prevailing plaintiff may recover attorney fees.
EFFECTIVE
DATE. This section is
effective the day following final enactment, and applies to acts committed on
or after that date."
We request the adoption of this report and
repassage of the bill.
House Conferees: Steve
Smith, Marty Seifert and Mary Murphy.
Senate Conferees: Don
Betzold, Wesley J. Skoglund and Thomas M. Neuville.
Smith moved that the report of the
Conference Committee on H. F. No. 2985 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2985, A bill for an act relating
to funerals; prohibiting the disruption of a funeral, burial service, or
memorial service; creating penalties and providing civil remedy; proposing
coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 121 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abeler
Jaros
The bill was repassed, as amended by
Conference, and its title agreed to.
Paulsen moved that the House recess
subject to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
FISCAL
CALENDAR
Pursuant to rule 1.22, Knoblach requested
immediate consideration of H. F. No. 4162.
H. F. No. 4162 was reported
to the House.
Westerberg and Knoblach moved to amend H.
F. No. 4162, the first engrossment, as follows:
Page 34, line 11, delete "with $25"
Page 34, line 12, delete "deductible
and"
The motion prevailed and the amendment was
adopted.
Pelowski; Ellison; Johnson, R.; Mahoney;
Davnie; Sieben; Peterson, S.; Kelliher; Juhnke; Murphy; Hilstrom; Hosch; Fritz;
Liebling; Hornstein; Sertich; Carlson; Rukavina; Dorn; Kahn; Hansen; Sailer;
Clark; Hilty; Moe; Latz; Marquart; Paymar; Eken; Johnson, S.; Haws; Lieder;
Larson; Lenczewski; Otremba; Scalze; Dill; Poppe; Wagenius; Greiling; Welti;
Loeffler; Dittrich; Nelson, M., and Peterson, A., offered an amendment to
H. F. No. 4162, the first engrossment, as amended.
POINT OF ORDER
Knoblach raised a point of order pursuant
to rule 3.21 that the Pelowski et al amendment was not in order. The Speaker ruled the point of order well
taken and the Pelowski et al amendment out of order.
Pelowski appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 65 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
Moe
Mullery
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
So it was the judgment of the House that
the decision of the Speaker should stand.
Huntley; Johnson, R.; Liebling; Fritz;
Kelliher; Sailer; Thissen; Peterson, S.; Thao; Lieder; Otremba; Paymar;
Greiling; Goodwin; Larson; Eken; Kahn; Scalze and Wagenius offered an amendment
to H. F. No. 4162, the first engrossment, as amended.
POINT OF ORDER
Bradley raised a point of order pursuant
to rule 3.21 that the Huntley et al amendment was not in order. The Speaker ruled the point of order well
taken and the Huntley et al amendment out of order.
Entenza, Knoblach and Solberg moved to
amend H. F. No. 4162, the first engrossment, as amended, as follows:
Page 34, after line 27, insert:
"Sec. 52. RESIDENTIAL ACADEMIES.
A grant recipient under Laws 1998, chapter 398, article 5,
section 46, as amended by Laws 2000, chapter 489, article 6, section 41, that
uses the grant proceeds to acquire and operate a residential academy and then
subsequently closes the academy and sells the real property it acquired for the
academy may use the proceeds from the sale of the real property to provide
programs that serve at-risk children and youth.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Lesch and Hansen offered an amendment to
H. F. No. 4162, the first engrossment, as amended.
POINT OF ORDER
Knoblach raised a point of order pursuant
to rule 3.21 that the Lesch and Hansen amendment was not in order. The Speaker ruled the point of order well
taken and the Lesch and Hansen amendment out of order.
Lesch appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 65 yeas and 64 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
Moe
Mullery
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
So it was the judgment of the House that
the decision of the Speaker should stand.
Otremba and Davids moved to amend H. F.
No. 4162, the first engrossment, as amended, as follows:
Page 10, line 12, delete "1,000,000"
and insert "1,116,000"
Page 10, after line 12, insert:
"Subd. 2. Policy
Quality and Compliance
General -0- 116,000
ABORTION
REPORTING. In fiscal year
2007, $116,000 is appropriated from the general fund to the commissioner of health
for the abortion reporting requirements in Minnesota Statutes, section
144.3431. The base for this activity is
decreased by $20,000 in fiscal year 2009."
Page 10,
line 13, delete "Subd. 2" and insert "Subd. 3"
Page 20,
after line 23, insert:
"Sec. 23.
Minnesota Statutes 2004, section 13.3806, is amended by adding a
subdivision to read:
Subd. 21.
Abortion notification data. Classification of data in abortion
notification reports is governed by section 144.3431."
Page 24, after line 31, insert:
"Sec. 31. [144.3431] ABORTION NOTIFICATION DATA.
Subdivision 1.
Reporting form. (a) Within 90 days of the effective date
of this section, the commissioner of health shall prepare a reporting form for
use by physicians and facilities performing abortions under the circumstances
specified in paragraph (b).
(b) The form shall require the following information:
(1) the number of minors or women for whom a guardian
has been appointed under sections 524.5-301 to 524.5-317 because of a finding
of incompetency for whom the physician or an agent of the physician provided
the notice described in section 144.343, subdivision 2; of that number, the
number of notices provided personally as described in section 144.343,
subdivision 2, paragraph (a), and the number of notices provided by mail as
described in section 144.343, subdivision 2, paragraph (b); and of each of
those numbers, the number who, to the best of the reporting physician's or
reporting facility's information and belief, went on to obtain the abortion
from the reporting physician or reporting physician's facility, or from the
reporting facility;
(2) the number of minors or women for whom a guardian
has been appointed under sections 524.5-301 to 524.5-317 because of a finding
of incompetency upon whom the physician performed an abortion without providing
the notice described in section 144.343, subdivision 2; and of that number, the
number who were emancipated minors, and the number for whom section 144.343,
subdivision 4, was applicable, itemized by each of the limitations identified
in paragraphs (a), (b), and (c) of that subdivision;
(3) the number of abortions performed by the physician
for which judicial authorization was received and for which the notification
described in section 144.343, subdivision 2, was not provided;
(4) the county the female resides in; the county where
the abortion was performed, if different from the female's residence; and, if a
judicial bypass was obtained, the judicial district it was obtained in;
(5)
the age of the female;
(6) the race of the female;
(7) the process the physician or the physician's agent
used to inform the minor female, or a woman for whom a guardian has been
appointed under sections 524.5-301 to 524.5-317 because of a finding of
incompetency, of the judicial bypass; whether court forms were provided to her;
and whether the physician or the physician's agent made the court arrangement
for the minor female, or a woman for whom a guardian has been appointed under
sections 524.5-301 to 524.5-317 because of a finding of incompetency; and
(8) how soon after visiting the abortion facility the
minor female, or a woman for whom a guardian has been appointed under section
524.5-301 to 524.5-317 because of a finding of incompetency, went to court to
obtain a judicial bypass.
Subd. 2.
Forms to physicians and
facilities. Physicians and
facilities required to report under subdivision 3 shall obtain reporting forms
from the commissioner.
Subd. 3.
Submission. (a) The following physicians or facilities
must submit the forms to the commissioner no later than April 1 for abortions
performed on minors or women for whom a guardian has been appointed in the
previous calendar year:
(1) a physician who provides, or whose agent provides,
the notice described in section 144.343, subdivision 2, or the facility at
which the notice is provided; and
(2) a physician who knowingly performs an abortion
upon a minor, or a woman for whom a guardian has been appointed under sections
524.5-301 to 524.5-317 because of a finding of incompetency, or a facility at
which such an abortion is performed.
(b) The commissioner shall maintain as confidential
data which alone or in combination may constitute information that would
reasonably lead, using epidemiologic principles, to the identification of:
(1) an individual who has had an abortion, who has
received judicial authorization for an abortion, or to whom the notice
described in section 144.343, subdivision 2, has been provided; or
(2) a physician or facility required to report under
paragraph (a).
Subd. 4.
Failure to report as required. (a) Reports that are not submitted more
than 30 days following the due date shall be subject to a late fee of $500 for
each additional 30-day period or portion of a 30-day period overdue. If a physician or facility required to report
under this section has not submitted a report, or has submitted only an
incomplete report, more than one year following the due date, the commissioner
of health shall bring an action in a court of competent jurisdiction for an
order directing the physician or facility to submit a complete report within a
period stated by court order or be subject to sanctions. If the commissioner brings such an action for
an order directing a physician or facility to submit a complete report, the
court may assess reasonable attorney fees and costs against the noncomplying
party.
(b) Notwithstanding section 13.39, data related to
actions taken by the commissioner to enforce any provision of this section is
private data if the data, alone or in combination, may constitute information
that would reasonably lead, using epidemiologic principles, to the
identification of:
(1) an individual who has had an abortion, who has
received judicial authorization for an abortion, or to whom the notice
described in section 144.343, subdivision 2, has been provided; or
(2)
a physician or facility required to report under subdivision 3.
Subd. 5.
Public records. (a) By September 30 of each year, the
commissioner of health shall issue a public report providing statistics for
each item listed in subdivision 1 for the previous calendar year compiled from
reports submitted according to this section.
The report shall also include statistics, which shall be obtained from
court administrators, that include:
(1) the total number of petitions or motions filed
under section 144.343, subdivision 6, paragraph (c), clause (i);
(2) the number of cases in which the court appointed a
guardian ad litem;
(3) the number of cases in which the court appointed
counsel;
(4) the number of cases in which the judge issued an
order authorizing an abortion without notification, including:
(i) the number of petitions or motions granted by the
court because of a finding of maturity and the basis for that finding; and
(ii) the number of petitions or motions granted
because of a finding that the abortion would be in the best interest of the
minor and the basis for that finding;
(5) the number of denials from which an appeal was
filed;
(6) the number of appeals that resulted in a denial
being affirmed; and
(7) the number of appeals that resulted in reversal of
a denial.
(b) The report shall provide the statistics for all
previous calendar years for which a public report was required to be issued,
adjusted to reflect any additional information from late or corrected reports.
(c) The commissioner shall ensure that all statistical
information included in the public reports are presented so that the data
cannot reasonably lead, using epidemiologic principles, to the identification
of:
(1) an individual who has had an abortion, who has
received judicial authorization for an abortion, or to whom the notice
described in section 144.343, subdivision 2, has been provided; or
(2) a physician or facility who has submitted a form
to the commissioner under subdivision 3.
Subd. 6.
Modification of requirements. The commissioner of health may, by
administrative rule, alter the dates established in subdivisions 3 and 5,
consolidate the forms created according to subdivision 1 with the reporting
form created according to section 145.4131, or consolidate reports to achieve
administrative convenience or fiscal savings, to allow physicians and
facilities to submit all information collected by the commissioner regarding
abortions at one time, or to reduce the burden of the data collection, so long
as the report described in subdivision 5 is issued at least once a year.
Subd. 7.
Suit to compel statistical
report. If the commissioner
of health fails to issue the public report required under subdivision 5, any
group of ten or more citizens of the state may seek an injunction in a court of
competent jurisdiction against the commissioner, requiring that a complete
report be issued within a period stated by court order. Failure to abide by the injunction shall
subject the commissioner to sanctions for civil contempt.
Subd.
8.
Subd. 9.
Severability. If any one or more provision, section,
subdivision, sentence, clause, phrase, or word of this section or the
application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the balance
of this section shall remain effective notwithstanding such
unconstitutionality. The legislature
intends that it would have passed this section, and each provision, section,
subdivision, sentence, clause, phrase, or word thereof irrespective of the fact
that any one provision, section, subdivision, sentence, clause, phrase, or word
be declared unconstitutional.
Subd. 10.
Supreme Court jurisdiction. The Minnesota Supreme Court has original jurisdiction
over an action challenging the constitutionality of this section and shall
expedite the resolution of the action."
Page 36, after line 19, insert:
"Sec. 56. PROHIBITION ON USE OF STATE FUNDS.
Subdivision 1.
Use of funds. Funding for state-sponsored health
programs shall not be used for funding abortions, except to the extent
necessary for continued participation in a federal program. For purposes of this section, abortion has
the meaning given in Minnesota Statutes, section 144.343, subdivision 3.
Subd. 2.
Severability. If any one or more provision, section,
subdivision, sentence, clause, phrase, or word of this section or the
application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the balance
of this section shall remain effective notwithstanding such
unconstitutionality. The legislature
intends that it would have passed this section, and each provision, section,
subdivision, sentence, clause, phrase, or word thereof irrespective of the fact
that any one provision, section, subdivision, sentence, clause, phrase, or word
be declared unconstitutional.
Subd. 3.
Supreme Court jurisdiction. The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section
and shall expedite the resolution of the action."
Renumber the sections in sequence and correct the
internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
POINT OF ORDER
Huntley raised a point of order pursuant
to rule 3.21 that the Otremba and Davids amendment was not in order. The Speaker ruled the point of order not well
taken and the Otremba and Davids amendment in order.
Dittrich requested a division of the
Otremba and Davids amendment to H. F. No. 4162, the first engrossment, as
amended.
Dittrich further requested that the second
portion of the divided Otremba and Davids amendment be voted on first.
The second portion of the Otremba and
Davids amendment to H. F. No. 4162, the first engrossment, as amended, reads as
follows:
Page 36, after line 19, insert:
"Sec. 56. PROHIBITION ON USE OF STATE FUNDS.
Subdivision 1.
Use of funds. Funding for state-sponsored health
programs shall not be used for funding abortions, except to the extent
necessary for continued participation in a federal program. For purposes of this section, abortion has
the meaning given in Minnesota Statutes, section 144.343, subdivision 3.
Subd. 2.
Severability. If any one or more provision, section,
subdivision, sentence, clause, phrase, or word of this section or the
application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the balance
of this section shall remain effective notwithstanding such
unconstitutionality. The legislature
intends that it would have passed this section, and each provision, section,
subdivision, sentence, clause, phrase, or word thereof irrespective of the fact
that any one provision, section, subdivision, sentence, clause, phrase, or word
be declared unconstitutional.
Subd. 3.
Supreme Court jurisdiction. The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and
shall expedite the resolution of the action."
Renumber the sections in sequence and correct the
internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the second
portion of the Otremba and Davids amendment and the roll was called. There were 84 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lenczewski
Lieder
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Scalze
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Atkins
Bernardy
Carlson
Clark
Davnie
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mullery
Nelson, M.
Paymar
Peterson, A.
Poppe
Rukavina
Ruud
Sailer
Sertich
Sieben
Simon
Slawik
Thao
Thissen
Wagenius
Walker
The motion prevailed and the second
portion of the Otremba and Davids amendment was adopted.
The first portion of the Otremba and
Davids amendment to H. F. No. 4162, the first engrossment, as amended, reads as
follows:
Page 10, line 12, delete "1,000,000"
and insert "1,116,000"
Page 10, after line 12, insert:
"Subd. 2. Policy
Quality and Compliance
General -0- 116,000
ABORTION
REPORTING. In fiscal year
2007, $116,000 is appropriated from the general fund to the commissioner of
health for the abortion reporting requirements in Minnesota Statutes, section
144.3431. The base for this activity is
decreased by $20,000 in fiscal year 2009."
Page 10,
line 13, delete "Subd. 2" and insert "Subd. 3"
Page 20,
after line 23, insert:
"Sec. 23.
Minnesota Statutes 2004, section 13.3806, is amended by adding a subdivision
to read:
Subd. 21.
Abortion notification data. Classification of data in abortion
notification reports is governed by section 144.3431."
Page 24, after line 31, insert:
"Sec. 31. [144.3431] ABORTION NOTIFICATION DATA.
Subdivision 1.
Reporting form. (a) Within 90 days of the effective date
of this section, the commissioner of health shall prepare a reporting form for
use by physicians and facilities performing abortions under the circumstances
specified in paragraph (b).
(b)
The form shall require the following information:
(1) the number of minors or women for whom a guardian
has been appointed under sections 524.5-301 to 524.5-317 because of a finding
of incompetency for whom the physician or an agent of the physician provided
the notice described in section 144.343, subdivision 2; of that number, the
number of notices provided personally as described in section 144.343,
subdivision 2, paragraph (a), and the number of notices provided by mail as
described in section 144.343, subdivision 2, paragraph (b); and of each of
those numbers, the number who, to the best of the reporting physician's or
reporting facility's information and belief, went on to obtain the abortion
from the reporting physician or reporting physician's facility, or from the reporting
facility;
(2) the number of minors or women for whom a guardian
has been appointed under sections 524.5-301 to 524.5-317 because of a finding
of incompetency upon whom the physician performed an abortion without providing
the notice described in section 144.343, subdivision 2; and of that number, the
number who were emancipated minors, and the number for whom section 144.343,
subdivision 4, was applicable, itemized by each of the limitations identified
in paragraphs (a), (b), and (c) of that subdivision;
(3) the number of abortions performed by the physician
for which judicial authorization was received and for which the notification
described in section 144.343, subdivision 2, was not provided;
(4) the county the female resides in; the county where
the abortion was performed, if different from the female's residence; and, if a
judicial bypass was obtained, the judicial district it was obtained in;
(5) the age of the female;
(6) the race of the female;
(7) the process the physician or the physician's agent
used to inform the minor female, or a woman for whom a guardian has been
appointed under sections 524.5-301 to 524.5-317 because of a finding of
incompetency, of the judicial bypass; whether court forms were provided to her;
and whether the physician or the physician's agent made the court arrangement
for the minor female, or a woman for whom a guardian has been appointed under
sections 524.5-301 to 524.5-317 because of a finding of incompetency; and
(8) how soon after visiting the abortion facility the
minor female, or a woman for whom a guardian has been appointed under section
524.5-301 to 524.5-317 because of a finding of incompetency, went to court to
obtain a judicial bypass.
Subd. 2.
Forms to physicians and
facilities. Physicians and
facilities required to report under subdivision 3 shall obtain reporting forms
from the commissioner.
Subd. 3.
Submission. (a) The following physicians or facilities
must submit the forms to the commissioner no later than April 1 for abortions
performed on minors or women for whom a guardian has been appointed in the
previous calendar year:
(1) a physician who provides, or whose agent provides,
the notice described in section 144.343, subdivision 2, or the facility at
which the notice is provided; and
(2) a physician who knowingly performs an abortion
upon a minor, or a woman for whom a guardian has been appointed under sections
524.5-301 to 524.5-317 because of a finding of incompetency, or a facility at
which such an abortion is performed.
(b)
The commissioner shall maintain as confidential data which alone or in
combination may constitute information that would reasonably lead, using
epidemiologic principles, to the identification of:
(1) an individual who has had an abortion, who has
received judicial authorization for an abortion, or to whom the notice
described in section 144.343, subdivision 2, has been provided; or
(2) a physician or facility required to report under
paragraph (a).
Subd. 4.
Failure to report as required. (a) Reports that are not submitted more
than 30 days following the due date shall be subject to a late fee of $500 for
each additional 30-day period or portion of a 30-day period overdue. If a physician or facility required to report
under this section has not submitted a report, or has submitted only an
incomplete report, more than one year following the due date, the commissioner
of health shall bring an action in a court of competent jurisdiction for an
order directing the physician or facility to submit a complete report within a
period stated by court order or be subject to sanctions. If the commissioner brings such an action for
an order directing a physician or facility to submit a complete report, the
court may assess reasonable attorney fees and costs against the noncomplying
party.
(b) Notwithstanding section 13.39, data related to
actions taken by the commissioner to enforce any provision of this section is
private data if the data, alone or in combination, may constitute information
that would reasonably lead, using epidemiologic principles, to the
identification of:
(1) an individual who has had an abortion, who has
received judicial authorization for an abortion, or to whom the notice
described in section 144.343, subdivision 2, has been provided; or
(2) a physician or facility required to report under
subdivision 3.
Subd. 5.
Public records. (a) By September 30 of each year, the
commissioner of health shall issue a public report providing statistics for
each item listed in subdivision 1 for the previous calendar year compiled from
reports submitted according to this section.
The report shall also include statistics, which shall be obtained from
court administrators, that include:
(1) the total number of petitions or motions filed
under section 144.343, subdivision 6, paragraph (c), clause (i);
(2) the number of cases in which the court appointed a
guardian ad litem;
(3) the number of cases in which the court appointed
counsel;
(4) the number of cases in which the judge issued an
order authorizing an abortion without notification, including:
(i) the number of petitions or motions granted by the
court because of a finding of maturity and the basis for that finding; and
(ii) the number of petitions or motions granted
because of a finding that the abortion would be in the best interest of the
minor and the basis for that finding;
(5) the number of denials from which an appeal was
filed;
(6) the number of appeals that resulted in a denial
being affirmed; and
(7) the number of appeals that resulted in reversal of
a denial.
(b)
The report shall provide the statistics for all previous calendar years for
which a public report was required to be issued, adjusted to reflect any
additional information from late or corrected reports.
(c) The commissioner shall ensure that all statistical
information included in the public reports are presented so that the data
cannot reasonably lead, using epidemiologic principles, to the identification
of:
(1) an individual who has had an abortion, who has
received judicial authorization for an abortion, or to whom the notice
described in section 144.343, subdivision 2, has been provided; or
(2) a physician or facility who has submitted a form
to the commissioner under subdivision 3.
Subd. 6.
Modification of requirements.
The commissioner of health may, by
administrative rule, alter the dates established in subdivisions 3 and 5,
consolidate the forms created according to subdivision 1 with the reporting
form created according to section 145.4131, or consolidate reports to achieve
administrative convenience or fiscal savings, to allow physicians and
facilities to submit all information collected by the commissioner regarding
abortions at one time, or to reduce the burden of the data collection, so long
as the report described in subdivision 5 is issued at least once a year.
Subd. 7.
Suit to compel statistical
report. If the commissioner
of health fails to issue the public report required under subdivision 5, any
group of ten or more citizens of the state may seek an injunction in a court of
competent jurisdiction against the commissioner, requiring that a complete
report be issued within a period stated by court order. Failure to abide by the injunction shall
subject the commissioner to sanctions for civil contempt.
Subd. 8.
Attorney fees. If judgment is rendered in favor of the
plaintiff in any action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff against the
defendant. If the judgment is rendered
in favor of the defendant and the court finds that plaintiff's suit was
frivolous and brought in bad faith, the court shall render judgment for a
reasonable attorney fee in favor of the defendant against the plaintiff.
Subd. 9.
Severability. If any one or more provision, section,
subdivision, sentence, clause, phrase, or word of this section or the
application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the balance
of this section shall remain effective notwithstanding such
unconstitutionality. The legislature
intends that it would have passed this section, and each provision, section,
subdivision, sentence, clause, phrase, or word thereof irrespective of the fact
that any one provision, section, subdivision, sentence, clause, phrase, or word
be declared unconstitutional.
Subd. 10.
Supreme Court jurisdiction. The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and
shall expedite the resolution of the action."
Renumber the sections in sequence and correct the
internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the first
portion of the Otremba and Davids amendment and the roll was called. There were 78 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Eastlund
Eken
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lenczewski
Lieder
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Atkins
Bernardy
Carlson
Clark
Davnie
Dittrich
Dorman
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lesch
Liebling
Lillie
Loeffler
Mahoney
Moe
Mullery
Nelson, M.
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Thao
Thissen
Wagenius
Walker
Welti
The motion prevailed and the first portion
of the Otremba and Davids amendment was adopted.
Knoblach moved to amend H. F. No. 4162,
the first engrossment, as amended, as follows:
Page 8, line 14, delete "$2,317,000"
and insert "$2,273,000"
Page 8, line 15, delete "$1,027,000"
and insert "$983,000"
Page 9, line 9, delete "(22,444,000)"
and insert "(22,400,000)"
Page 9, line 10, delete "22,444,000"
and insert "22,400,000"
Page 9, line 12, delete "$22,444,000"
and insert "$22,400,000"
Page 9, line 30, delete "$22,444,000"
and insert "$22,400,000"
Page 9, line 33, delete "$22,444,000"
and insert "$22,400,000"
Page 9, line 34, delete "$22,444,000"
and insert "$22,400,000"
Page 10, after line 10, insert:
"The general fund appropriation for the Minnesota
food assistance program is increased by $30,000 in fiscal year 2007 for the
added program cost of the food stamp asset limit changes under Minnesota
Statutes, section 256D.0515. The general
fund base for the Minnesota food assistance program is increased by $31,000 in
fiscal year 2008 and $31,000 in fiscal year 2009.
Subd. 3. Children
and economic assistance management.
Summary by
Fund
General -0- 16,000
Federal
TANF -0- 44,000
FOOD STAMP ASSET LIMIT. $16,000 in fiscal year 2007 is
appropriated from the general fund to the commissioner of human services for
the systems cost of implementing the food stamp asset limit changes included
under Minnesota Statutes, section 256D.0515.
This is a onetime appropriation.
DOMESTIC VIOLENCE INFORMATIONAL
BROCHURE. $44,000 in
fiscal year 2007 is appropriated from federal TANF funds to the commissioner of
human services for producing the domestic violence informational brochure under
Minnesota Statutes, section 256.029.
This appropriation is added to the agency's base."
Page 26,
after line 11, insert:
"Sec. 33. [256.029] DOMESTIC VIOLENCE
INFORMATIONAL BROCHURE.
(a) The commissioner shall provide a domestic violence
informational brochure that provides information about the existence of
domestic violence waivers for eligible public assistance applicants to all
applicants of general assistance, general assistance medical care, Minnesota
family investment program, medical assistance, and MinnesotaCare. The brochure must explain that eligible
applicants may be temporarily waived from certain program requirements due to
domestic violence. The brochure must
provide information about services and other programs to help victims of
domestic violence.
(b) The brochure must be funded with TANF funds.
EFFECTIVE
DATE. This section is
effective upon federal approval."
Page 26, after line 23, insert:
"Sec. 35. [256D.0515] ASSET LIMITATIONS FOR FOOD
STAMP HOUSEHOLDS.
All food stamp households must be determined eligible
for the benefit discussed under section 256.029. Food stamp households must demonstrate that:
(1)
their gross income meets the federal Food Stamp requirements under United
States Code, title 7, section 2014(c); and
(2) they have financial resources, excluding vehicles,
of less than $7,000.
EFFECTIVE
DATE. This section is
effective upon federal approval."
Renumber the sections in sequence and correct the
internal references
Amend the title accordingly
Adjust fund totals accordingly
The motion prevailed and the amendment was
adopted.
Kahn moved to amend H. F. No. 4162, the first
engrossment, as amended, as follows:
Page 18, line 32, delete "275,000"
and insert "550,000"
Renumber the sections in sequence and
correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Ellison offered an amendment to
H. F. No. 4162, the first engrossment, as amended.
POINT OF ORDER
Knoblach raised a point of order pursuant
to rule 3.21 that the Ellison amendment was not in order. The Speaker ruled the point of order well
taken and the Ellison amendment out of order.
The Speaker called Abrams to the Chair.
Dorn moved to amend H. F. No. 4162, the
first engrossment, as amended, as follows:
Page 24, line 25, reinstate the stricken
language
Page 24, line 26, reinstate the stricken
language before the stricken "Therefore"
Amend the title accordingly
The motion did not prevail and the
amendment was not adopted.
H. F. No. 4162, A bill for an act relating
to the financing of state government; making supplemental appropriations;
regulating government operations; providing for and modifying certain programs;
regulating abortion funding and notification; providing for a Rochester campus
of the University of Minnesota; creating the Boxing Commission and regulating
boxing; ratifying certain labor agreements and compensation plans; providing
criminal penalties; appropriating money; amending Minnesota Statutes 2004,
sections 3.737, subdivision 1; 3.7371, subdivision 3; 13.3806, by adding a
subdivision; 16A.152, subdivision 1b; 137.022, subdivision 4; 137.17,
subdivisions 1, 3; 256.01, subdivision 18, by adding a subdivision; 256B.431,
by adding a subdivision; 256J.021; 256J.626, subdivision 2; Minnesota Statutes
2005 Supplement, sections 16A.152, subdivision 2; 35.05; 119B.13, subdivision
7; proposing coding for new law in Minnesota Statutes, chapters 4; 144; 197;
256; 256D; 341; repealing Minnesota Statutes 2004, sections 62J.694; 144.395.
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 103 yeas and 29 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Eastlund
Eken
Emmer
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Kahn
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Latz
Lenczewski
Liebling
Lieder
Lillie
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, I.
Clark
Davnie
Dorman
Dorn
Ellison
Entenza
Erhardt
Goodwin
Greiling
Hausman
Hornstein
Jaros
Johnson, S.
Kelliher
Larson
Lesch
Loeffler
Mahoney
Mullery
Paymar
Pelowski
Rukavina
Sertich
Thao
Thissen
Wagenius
Walker
The bill was passed, as amended, and its
title agreed to.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Supplemental Calendar for the Day for Monday, May 1,
2006:
S. F. No. 3246;
H. F. Nos. 3991, 2688, 3855, 3454, 3438 and 3045; and
S. F. Nos. 1039 and 2883.
CALENDAR
FOR THE DAY
H. F. No. 3712 was reported
to the House.
Hackbarth, Ozment, Kelliher, Westrom and Wagenius
moved to amend H. F. No. 3712, the second engrossment, as follows:
Delete everything after the enacting
clause and insert:
"Section 1. TITLE.
This act may be cited as the Mercury Emissions Reduction Act
of 2006.
Sec. 2. Minnesota
Statutes 2004, section 116.92, is amended by adding a subdivision to read:
Subd. 7a. Fluorescent lamps; residential
applications. Any information
regarding fluorescent lamps containing mercury that is sent by a utility to a
customer, present on a utility's Web site, or contained in a utility's print,
radio, or video advertisement, must (1) state that the lamps contain mercury
that is harmful to the environment and that it is illegal to place them in
garbage and (2) provide a toll-free telephone number or Web site that customers
can access to learn how to lawfully dispose of the lamps.
EFFECTIVE
DATE. This section is
effective October 1, 2006.
Sec. 3. [216B.105] CUSTOMER SHARE OF MERCURY
CONTROL COSTS.
A utility selling electricity at retail shall report in a
biannual bill insert the amount of the customer's total bill that represents
the utility's capital and operating costs to control mercury emissions to the
atmosphere as required under sections 216B.68 to 216B.688.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2004, section 216B.1692, subdivision 8, is amended to read:
Subd. 8. Sunset.
This section is effective until June 30, 2006 December 31,
2013, and applies to plans, projects, and riders approved before that date and
modifications made to them after that date.
Sec. 5. [216B.68] DEFINITIONS; MERCURY EMISSIONS
REDUCTION.
Subdivision 1.
Scope. Terms used in sections 216B.68 to 216B.688
have the meanings given them in this section and section 216B.02.
Subd. 2. Agency. "Agency" means the Minnesota
Pollution Control Agency.
Subd. 3. Dry scrubbed unit. "Dry scrubbed unit" means a
targeted unit at which pollution control technology that uses a spray dryer and
fabric filter system to remove pollutants from air emissions is installed or
will be installed by December 31, 2007.
Subd. 4. Federal mercury regulations. "Federal mercury regulations"
means the federal clean air mercury rule as of January 1, 2006, published in
Code of Federal Regulations, title 40, parts 60, 63, 70, and 72.
Subd.
5.
Subd. 6. Qualifying facility. "Qualifying facility" means an
electric generating power plant in Minnesota that, as of January 1, 2006, had a
total net dependable capacity in excess of 500 megawatts from all coal-fired
electric generating units at the power plant.
Subd. 7. Startup period. "Startup period" means a period
of one year after the date mercury control equipment is installed at a targeted
unit under an approved mercury emissions reduction plan, or such longer period
as the commission may approve after consultation with the Pollution Control
Agency, if a longer period is necessary to optimize equipment performance for
mercury reduction.
Subd. 8. Targeted unit. "Targeted unit" means a
coal-fired electric generation unit greater than 100 megawatts at a qualifying
facility.
Subd. 9. Wet scrubbed unit . "Wet scrubbed unit" means a
targeted unit at which pollution control technology that uses water or
solutions to remove pollutants from air emissions is installed.
Sec. 6. [216B.681] MONITORING.
By July 1, 2007, a public utility that owns or operates a
qualifying facility shall install, maintain, and operate continuous mercury
emission monitoring systems or other method of monitoring approved by the
agency on each targeted unit and, where applicable, on each supplemental unit
pursuant to section 216B.6851. The
monitoring systems must use methods set forth in federal mercury regulations or
such other methods as may be approved by the agency. The public utility shall report to the agency
as public data the quality assured data produced from monitoring implemented
pursuant to this section on a quarterly basis in a form prescribed by the agency. The data from at least six months' monitoring
must be used to establish a baseline for mercury emissions reductions under
sections 216B.68 to 216B.688.
Sec. 7. [216B.682] MERCURY EMISSIONS REDUCTION
PLANS.
Subdivision 1.
Dry scrubbed units. (a) By December 31, 2007, a public utility
that owns a dry scrubbed unit at a qualifying facility shall develop and submit
to the agency and the commission a plan for mercury emissions reduction at each
such unit. At each dry scrubbed unit
owned and operated by the utility, the plan must propose to employ the
available technology for mercury removal that is most likely to result in the
removal of at least 90 percent of the mercury emitted from the unit.
(b) A plan submitted under this subdivision must provide for
mercury emissions reduction at each dry scrubbed unit to be implemented by
December 31, 2010. A public utility that
owns two dry scrubbed targeted units must submit
a plan that provides for implementation at one unit by December 31, 2009, and
at the other unit by December 31, 2010.
Subd. 2. Wet scrubbed units. (a) By December 31, 2009, a public utility
that owns a wet scrubbed unit at a qualifying facility shall develop and submit
to the agency and the commission a plan for mercury emissions reduction at each
such unit. At each wet scrubbed unit
owned by the utility, the plan must propose to employ the available technology
for mercury removal that is most likely to result in the removal of at least 90
percent of the mercury emitted from the unit.
(b) A plan submitted under this subdivision must provide for
mercury emissions reduction at each wet scrubbed unit to be implemented by
December 31, 2014.
Subd.
3.
(b) A plan submitted under this section may also:
(1) provide measures to reduce the cost and maximize the
flexibility of each option proposed or considered; and
(2) specify permit targets or conditions proposed by the
public utility for each mercury emission control option proposed or considered,
including, but not limited to, numeric emission targets, percent removal
expectations, emission control technology installation and operation
requirements or work practice standards, and potential changes in the
performance of the mercury emissions reduction technology over time.
(c) The utility may submit an emissions rate rider to the
commission under section 216B.683 to recover the costs associated with plans
filed under this section.
Sec. 8. [216B.683] COST RECOVERY AND FINANCIAL
INCENTIVES.
Subdivision 1.
Emissions reduction riders. (a) A public utility required to file a
mercury emissions reduction plan under sections 216B.68 to 216B.688 may also
file for approval of emissions reduction rate riders pursuant to section
216B.1692, subdivision 3, for its mercury control and other environmental
improvement initiatives under sections 216B.68 to 216B.688.
(b) In addition to the cost recovery provided by section
216B.1692, subdivision 3, the emissions reduction rate riders may include
recovery of costs associated with (1) the purchase and installation of
continuous mercury emission monitoring systems, (2) costs associated with the
purchase and installation of emission reduction equipment, (3) construction
work in progress, (4) ongoing operation and maintenance costs associated with
the utility's emission control initiatives, including, but not limited to, the
cost of any sorbent or emission control reagent injected into the unit, (5) any
project costs incurred before plan approval that are demonstrated to the
commission's satisfaction to be part of the plan, and (6) any studies
undertaken by the utility in support of the emissions reduction plan.
(c) The utility may propose to phase in the emissions
reduction riders to recover these costs over the development and life of the
projects.
Subd. 2. Performance-based incentives. A mercury emissions reduction rider
approved by the commission may include performance-based financial incentives
if the commission determines that the incentives will increase the likelihood
that the utility will exceed 90 percent mercury emissions reductions, provided
the incentives do not impose excessive costs on the utility's consumers when
added to the costs recovered under subdivision 1. These incentives may include increased
returns on investments or other performance-based incentives. The commission may structure the financial
incentives to escalate for each additional increment of mercury emissions
reduction achieved by the utility above the 90 percent mercury emissions
reduction.
Subd. 3. Other provisions. (a) Section 216B.1692 applies to plans and
emissions control riders proposed under sections 216B.68 to 216B.688, except
that:
(1) projects included in a plan approved under sections
216B.68 to 216B.688 are deemed to be qualifying projects for the purposes of
section 216B.1692; and
(2)
section 216B.1692, subdivisions 5, paragraph (c), and 6, do not apply to plans
or riders submitted under sections 216B.68 to 216B.688.
(b) Commission approval of an emissions reduction plan under
this section includes approval of an emissions reduction rider associated with
that plan if submitted by the utility.
Sec. 9. [216B.684] ENVIRONMENTAL ASSESSMENT.
The Pollution Control Agency shall evaluate a utility's
mercury emissions reduction plans filed under sections 216B.682 and 216B.6851
and submit its evaluation to the Public Utilities Commission within 180 days of
the date the plan is filed with the agency and commission. In its review, the agency shall (1) assess
whether the utility's plan meets the requirements of section 216B.682 or
216B.6851, as applicable, (2) evaluate the environmental and public health
benefits of each option proposed or considered by the utility, including
benefits associated with reductions in pollutants other than mercury, (3) assess
the technical feasibility and cost-effectiveness of technologies proposed or
considered by the utility for achieving mercury emissions reduction, and (4)
advise the commission of the appropriateness of the utility's plan. In preparing its assessment, the agency may
request additional information from the utility, especially with regard to
alternative technologies or configurations applicable to the specific unit, and
the estimated costs of those alternatives.
Sec. 10. [216B.685] COMMISSION APPROVAL.
Subdivision 1.
Commission review and
evaluation. The Public
Utilities Commission shall review and evaluate a utility's mercury emissions
reduction plans and associated emissions reduction riders submitted under
section 216B.682 or pursuant to subdivision 2, paragraph (b). In its review, the commission shall consider
the environmental and public health benefits, the agency's assessment of
technical feasibility, competitiveness of customer rates, and cost-effectiveness
of the utility's proposed mercury control initiatives in light of the Pollution
Control Agency's report under section 216B.684.
Subd. 2. Commission approval. (a) Within 180 days of receiving the
agency's report on a utility's plan filed under section 216B.682, subdivision 1
or 2, the commission shall order the implementation of a utility's mercury
emissions reduction plan and associated emissions reduction rider that complies
with the requirements of the applicable subdivision of section 216B.682, unless
the commission determines that the plan as proposed fails to provide for
increased environmental and health benefits or would impose excessive costs on
the utility's customers.
(b) If the commission is unable to approve the utility's plan
and associated emissions reduction riders as proposed, it shall direct the
utility to amend and resubmit its proposed plan in light of the record
developed on the proposed plan or, at the utility's option, to file a new plan
consistent with the requirements of the applicable subdivision of section
216B.682.
Subd. 3. Technical issues. The commission shall give due
consideration to the assessment of the Pollution Control Agency on compliance
issues under sections 216B.68 to 216B.688, technical feasibility of emission
control technology, and environmental and public health benefits associated
with emissions reductions.
Subd. 4. Other provisions. (a) Unless the utility proposes to do so,
the commission may not require the replacement of existing pollution control
equipment at a targeted or supplemental unit as a condition for approving a
plan pursuant to this section or section 216B.6851.
(b) The commission may allow a utility up to two extensions of
any deadline established under sections 216B.68 to 216B.688 or commission order
under those sections, if the utility demonstrates the unavailability of
necessary equipment or other extraordinary circumstances. An extension under this paragraph may last no
longer than 12 months. The commission
may not extend a deadline for final installation of pollution control equipment
for longer than 12 months.
Subd.
5.
Sec. 11. [216B.6851] UTILITY OPTION.
Subdivision 1.
Election. A public utility with less than 200,000
customers subject to sections 216B.68 to 216B.688 that owns two wet scrubbed
units at a qualifying facility may opt to be regulated under this section for
those units in lieu of section 216B.682.
Plans under this section are subject to section 216B.682, subdivision
3. Except where otherwise provided, all
other provisions of sections 216B.68 to 216B.688 apply.
Subd. 2. Supplemental unit. "Supplemental unit" means a
coal-fired electric generation unit at an electric generating power plant in
Minnesota at which mercury emissions reduction measures are taken as part of an
emissions reduction plan under this section.
Subd. 3. Plan for 90 percent reduction required. A public utility that elects to be
regulated under this section must file a mercury emissions reduction plan that
is designed to achieve total mercury reduction at targeted and supplemental
units owned by the utility equivalent to a goal of 90 percent reduction of
mercury emissions at the utility's targeted units by December 31, 2014.
Subd. 4. Alternative plans. The utility shall also submit one or more
alternatives to the 90 percent reduction plan required under subdivision
3. Alternative plans must be designed to
come as near as technically possible to achieving the goal established in
subdivision 3 without imposing excessive costs on the utility's customers.
Subd. 5. Early action; wet scrubbed units. The utility electing for regulation under
this section shall file an initial plan for mercury emissions reduction at one
of its two wet scrubbed units on or before December 31, 2007. The plan must provide for mercury emissions
reduction to be implemented at that unit by December 31, 2010. If the plan is approved by the commission,
and implemented by the utility, the utility may have until July 1, 2011, to
file its plans for reduction at its other wet scrubbed unit at the qualifying
facility, and may have until December 31, 2014, to implement mercury emissions
reduction at that unit.
Subd. 6. Agency review and commission approval. (a) The agency shall review the utility's
plans as provided in section 216B.684.
(b) The Public Utilities Commission shall review and evaluate
a utility's mercury emissions reduction plans submitted under this
section. In its review, the commission
shall consider the environmental and public health benefits, the agency's
determination of technical feasibility, competitiveness of customer rates, and
cost-effectiveness of the utility's proposed mercury control initiatives in light
of the Pollution Control Agency's review under paragraph (a). Within 180 days of receiving the agency's
report, the commission shall approve a utility's mercury emissions reduction
plan that the commission reasonably expects will come closest to achieving
total mercury reductions at targeted and supplemental units owned by the
utility equivalent to a goal of 90 percent reduction of mercury emissions at
the utility's targeted units by December 31, 2014, in a manner that provides
for increased environmental and public health benefits without imposing
excessive costs on the utility's customers.
If the commission is unable to approve the utility's 90 percent
reduction plan filed under subdivision 3, the commission, in consultation with
the Pollution Control Agency, shall order the utility to implement the most
stringent mercury control alternative proposed by the utility under this
section that provides for increased environmental and public health benefits
without imposing excessive costs on the utility's customers.
(c)
At each targeted and supplemental unit included in a plan under this section, a
utility shall propose to implement mercury emissions control measures that will
result in the greatest reduction of mercury emitted from that unit that is
technically feasible without imposing excessive costs.
Sec. 12. [216B.686] OTHER ENVIRONMENTAL
IMPROVEMENT PLANS.
Subdivision 1.
Utility filing. (a) In order to encourage a utility to
address multiple pollutants, a utility required to submit mercury reduction
plans under sections 216B.68 to 216B.688 may also propose plans for investments
and related expenses in pollution control equipment to be installed at
facilities in Minnesota needed to comply with state or federal emission control
statutes or regulations that became effective after December 31, 2004.
(b) For each plan, the utility must show that the investments
in pollution control equipment to be installed at facilities in Minnesota under
the plan will provide for increased environmental and public health benefits,
do not impose excessive costs on the utility's customers, and will achieve at
least the pollution control required by applicable state or federal
regulations.
Subd. 2. Emission reduction riders. A public utility that files a plan under this
section may also file for approval of an emissions reduction rate rider under
section 216B.683, subdivision 1.
Subd. 3. Agency review. (a) The Pollution Control Agency shall
evaluate a utility's plans filed under this section and, within 180 days of
receiving the filing, provide the commission with:
(1) verification that the emissions reduction project
qualifies under subdivision 1;
(2) a description of the projected environmental benefits of
the proposed project; and
(3) its assessment of the appropriateness of the proposed
plans.
(b) In preparing its review under this subdivision, the
agency may request additional information from the utility, especially with
regard to alternative technologies or configurations applicable to a specific
unit, and the estimated costs of those alternatives.
Subd. 4. Commission approval. The commission shall review and evaluate a
utility's plans and associated emissions reduction riders for other
environmental improvement initiatives submitted under this section. The commission shall consider the overall
environmental and public health benefits, total costs, and competitiveness of
customer rates. Within 180 days of
receiving the agency's report prepared under subdivision 3, the commission
shall approve the plan and associated emissions reduction rider if the
commission finds that it meets the requirements of subdivision 1, paragraph
(b).
Sec. 13. [216B.687] IMPLEMENTATION AND OPERATION.
Subdivision 1.
Permit conditions for mercury
reductions. The agency shall
establish the mercury emissions reduction for each targeted unit included in a
plan approved under section 216B.685, or where applicable, for each targeted
and supplemental unit included in a plan approved under section 216B.6851.
Subd. 2. Enforcement by the agency. (a) Except as required by federal
regulation, any mercury reduction incorporated into the permit for a targeted
unit as established under a plan approved under section 216B.685, or where
applicable, for each targeted and supplemental unit included in a plan approved
under section 216B.6851, must be a state-only condition of the permit and will
not be enforced by the agency during the startup period.
(b) After the startup period ends, the Pollution Control Agency shall
incorporate into the permit the mercury reduction reasonably expected to be
achieved at each unit or facility as an enforceable state-only reduction. For a qualifying facility with multiple units
that has one or more units included in approved plans, the agency may establish
the mercury emissions reduction for the facility covering all targeted and
supplemental units at that facility after the startup periods for all units
have concluded, and the actual mercury emissions for the units have been
determined. In setting the reduction,
the agency shall give due consideration to the results of monitoring before
implementation of the plan, the results of monitoring during the startup
period, and any factors that may impact the performance of the unit for the
next five years.
Subd. 3. Equipment
optimization required. The
agency shall revise the unit's air permit every five years to ensure optimal
mercury emissions reduction by equipment installed under an approved plan, in
light of technical and operational advances made since the date of plan
approval. In revising the unit's air
permit, the agency may recommend, but shall not require, additional investments
in pollution control equipment, or the removal of equipment installed pursuant
to an approved plan. The utility may
seek commission review of the costs associated with a permit requirement or
request for equipment optimization proposed by the agency and, if review is
requested, the revision is not effective until approved by the commission. The commission shall approve the revision
unless the utility or other party shows that it will impose excessive consumer
costs.
Sec. 14. [216B.688]
RELATIONSHIP TO STATE REGULATION.
Except as otherwise provided
for equipment optimization as specified in section 216B.687, a public utility
implementing an approved mercury emissions reduction plan is not required to
undertake additional investments or incur additional operating or maintenance
costs to reduce mercury at a unit included in a plan approved under section
216B.685 or 216B.6851."
Delete the title and insert:
"A bill for an act
relating to the environment; requiring disclosure regarding disposal of
fluorescent lamps containing mercury; requiring mercury emissions reduction by
public utilities; amending Minnesota Statutes 2004, sections 116.92, by adding
a subdivision; 216B.1692, subdivision 8; proposing coding for new law in
Minnesota Statutes, chapter 216B."
The motion prevailed and the amendment was adopted.
H. F. No. 3712, A bill for an act relating to the environment;
requiring disclosure regarding disposal of fluorescent lamps containing
mercury; requiring mercury emissions reduction by public utilities; amending
Minnesota Statutes 2004, sections 116.92, by adding a subdivision; 216B.1692,
subdivision 8; proposing coding for new law in Minnesota Statutes, chapter
216B.
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 132 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its
title agreed to.
Paulsen moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Knoblach announced
his intention to place H. F. No. 4142 on the Fiscal Calendar for
Tuesday, May 2, 2006.
There being no objection, the order of
business reverted to Reports of Standing Committees.
REPORTS OF STANDING COMMITTEES
Johnson, J., from the Committee on Civil Law and Elections to which was
referred:
H. F. No. 2862, A bill for an act relating to
elections; moving the state primary from September to August and making
conforming changes; amending Minnesota Statutes 2004, sections 10A.31,
subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 204B.33; 204D.03,
subdivision 1; 205.065, subdivision 1; 205A.03, subdivision 2.
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.
Paulsen
from the Committee on Rules and Legislative Administration to which was
referred:
H. F. No. 2916, A bill for an act
relating to public safety; establishing the fire safety account from revenues
on fire premiums and assessments; modifying the fire insurance tax;
establishing a fire insurance policyholder surcharge; amending Minnesota
Statutes 2004, section 297I.30, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapters 297I; 299F; repealing Minnesota Statutes
2004, section 297I.05, subdivision 6.
Reported the same back with the
recommendation that the bill pass.
The report was adopted.
Paulsen from the Committee on Rules
and Legislative Administration to which was referred:
H. F. No. 3179, A bill for an act
relating to education; providing for early childhood and family and
kindergarten through grade 12 education including general education revenue,
education excellence, special programs, accounting, self-sufficiency and
lifelong learning, and pupil transportation; establishing task forces;
requiring reports; providing for rulemaking; amending Minnesota Statutes 2004,
sections 120A.20, subdivision 1; 120A.22, subdivision 3; 120B.023; 120B.024;
120B.36, subdivision 1; 121A.035; 123A.06, subdivision 2; 123B.10, subdivision
1; 123B.77, subdivision 3, by adding a subdivision; 123B.79, by adding a
subdivision; 123B.90, subdivision 2; 123B.91, by adding a subdivision; 124D.02,
subdivisions 2, 4; 124D.10, subdivision 16; 124D.518, subdivision 4; 124D.52,
subdivision 1; 124D.61; 124D.68, subdivision 3; 125A.02, subdivision 1;
125A.27, subdivision 11; 125A.29; 125A.30; 125A.32; 125A.33; 125A.48; 125A.515,
subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.63, subdivision 4; 125A.65,
subdivisions 3, 4, 6, 8, 10; 125A.69, subdivision 3; 125A.75, subdivision 1;
125A.76, by adding a subdivision; 126C.05, subdivision 1; 126C.10, subdivision
6; 126C.44; 127A.41, subdivision 2; 169.01, subdivision 6; 169.447, subdivision
2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision
20; 171.321, subdivision 4; 299F.30; Minnesota Statutes 2005 Supplement,
sections 120B.131, subdivision 2; 122A.415, subdivisions 1, 3; 123B.76,
subdivision 3; 123B.92, subdivision 1; 124D.095, subdivision 4; 124D.68,
subdivision 2; 125A.11, subdivision 1; 125A.79, subdivision 1; 126C.10,
subdivision 34; 126C.43, subdivision 2; 127A.45, subdivision 10; Laws 2005, First Special Session chapter 5,
article 1, section 47; article 2, section 84, subdivision 13; proposing coding
for new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes
2004, sections 120A.20, subdivision 3; 125A.10; 125A.515, subdivision 2;
169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26.
Reported the same back with the
following amendments:
Page 24, delete section 12
Renumber the sections in sequence
and correct internal references
Correct the title numbers
accordingly
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.
Paulsen
from the Committee on Rules and Legislative Administration to which was
referred:
H. F. No. 3538, A bill for an act
relating to human services; modifying crib safety requirements; amending
Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 3.
Reported the same back with the
recommendation that the bill pass.
The report was adopted.
Paulsen from the Committee on Rules
and Legislative Administration to which was referred:
H. F. No. 3764, A bill for an act
relating to state government; modifying procurement provisions; amending
Minnesota Statutes 2004, sections 16C.02, subdivisions 4, 12, 14, by adding
subdivisions; 16C.03, subdivisions 3, 4, 8, 13, 16; 16C.05, subdivisions 1, 2;
16C.08, subdivision 2, by adding a subdivision; Minnesota Statutes 2005
Supplement, sections 16C.09; 16C.10, subdivision 7.
Reported the same back with the
recommendation that the bill pass.
The report was adopted.
Paulsen from the Committee on Rules
and Legislative Administration to which was referred:
H. F. No. 3988, A bill for an act
relating to health; modifying provision in the Women's Right To Know Act;
amending Minnesota Statutes 2004, section 145.4241, by adding subdivisions;
Minnesota Statutes 2005 Supplement, section 145.4242.
Reported the same back with the
recommendation that the bill pass.
The report was adopted.
Paulsen from the Committee on Rules
and Legislative Administration to which was referred:
House Resolution No. 23, A House
resolution recognizing May 4, 2006, as a Day of Prayer in Minnesota.
Reported the same back with the
recommendation that the resolution be adopted.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 2916, 3538, 3764
and 3988 were read for the second time.
MOTIONS
AND RESOLUTIONS
Thissen moved that the name of Sieben be added as an author on
H. F. No. 132. The motion
prevailed.
Vandeveer moved that the name of Olson be added as an author on
H. F. No. 2469. The
motion prevailed.
Hackbarth moved that the name of Moe be added as an author on
H. F. No. 3712. The
motion prevailed.
Simpson moved that the name of Haws be added as an author on
H. F. No. 3960. The
motion prevailed.
Sykora moved that the names of Ruth; Latz; Peterson, S.;
Wardlow; Ruud and Lillie be added as authors on
H. F. No. 4173. The
motion prevailed.
Lenczewski moved that the name of Peterson, S., be added as an
author on H. F. No. 4174.
The motion prevailed.
Bernardy moved that the name of Lillie be added as an author on
H. F. No. 4175. The
motion prevailed.
McNamara moved that the name of Tingelstad be added as an
author on H. F. No. 4176.
The motion prevailed.
Eastlund moved that H. F. No. 4112 be recalled
from the Committee on Public Safety Policy and Finance and be re-referred to
the Committee on Rules and Legislative Administration. The motion prevailed.
Severson moved that S. F. No. 3260 be recalled
from the Committee on Jobs and Economic Opportunity Policy and Finance and be
re-referred to the Committee on Rules and Legislative Administration. The motion prevailed.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 10:00 a.m., Tuesday, May 2, 2006.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Abrams declared the House stands adjourned until 10:00 a.m., Tuesday, May 2,
2006.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives