Journal of the House - 29th Day - Wednesday, March 14, 2007

A quorum was present.

DeLaForest and Hoppe were excused.

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

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REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 278, A bill for an act relating to game and fish; imposing a surcharge on deer licenses for deer management and for reimbursing the cost of processing deer donated for charitable purposes; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2006, sections 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.475, by adding a subdivision; 97A.485, subdivision 7.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT.

Subdivision 1. Reimbursement. A meat processor holding a license under chapter 28A may apply to the commissioner of agriculture for reimbursement of $70 towards the cost of processing a deer donated according to subdivision 1. The meat processor shall deliver the deer, processed into cuts or ground meat, to a charitable organization that is registered under chapter 309 and with the commissioner of agriculture and that operates a food assistance program. To request reimbursement, the processor shall submit an application, on a form prescribed by the commissioner of agriculture, the tag number under which the deer was taken, and a receipt for the deer from the charitable organization.

Subd. 2. Distribution. (a) The commissioner of agriculture shall ensure the equitable statewide distribution of processed deer by requiring the charitable organization to allocate and distribute processed deer according to the allocation formula used in the distribution of United States Department of Agriculture commodities under the federal emergency food assistance program. The charitable organization must submit quarterly reports to the commissioner on forms prescribed by the commissioner. The reports must include, but are not limited to, information on the amount of processed deer received and the organizations to which the meat was distributed.

(b) The commissioner of agriculture may adopt rules to implement this section.

Sec. 2. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read:

Subd. 4. Game and fish annual reports. (a) By December 15 each year, the commissioner shall submit to the legislative committees having jurisdiction over appropriations and the environment and natural resources reports on each of the following:

(1) the amount of revenue from the following and purposes for which expenditures were made:

(i) the small game license surcharge under section 97A.475, subdivision 4;

(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 5, clause (1);

(iii) the trout and salmon stamp under section 97A.475, subdivision 10;

(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); ~~and~~

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(v) the turkey stamp under section 97A.475, subdivision 5, clause (3); and

(vi) the deer license surcharge under section 97A.475, subdivision 3a;

(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and (c), and the purposes for which these amounts were spent;

(3) money credited to the game and fish fund under this section and purposes for which expenditures were made from the fund;

(4) outcome goals for the expenditures from the game and fish fund; and

(5) summary and comments of citizen oversight committee reviews under subdivision 4b.

(b) The report must include the commissioner's recommendations, if any, for changes in the laws relating to the stamps and surcharge referenced in paragraph (a).

Sec. 3. Minnesota Statutes 2006, section 97A.065, is amended by adding a subdivision to read:

Subd. 6. Deer license surcharge. The surcharge collected under section 97A.475, subdivision 3a, shall be deposited in a special revenue account and is appropriated to the commissioner for deer management, including for grants or payments to agencies, organizations, or individuals for assisting with the cost of processing deer taken for population management purposes for venison donation programs. None of the additional license fees shall be transferred to any other agency for administration of programs other than venison donation. If any money transferred by the commissioner is not used for a venison donation program, it shall be returned to the commissioner.

Sec. 4. Minnesota Statutes 2006, section 97A.475, is amended by adding a subdivision to read:

Subd. 3a. Deer license surcharge. Fees for annual resident and nonresident licenses to take deer by firearms or archery established under subdivisions 2, clauses (4), (5), (9), and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, except as provided under section 97A.065, subdivision 6. An additional commission may not be assessed on the surcharge and the following statement must be included in the annual deer hunting regulations: "The $1 deer license surcharge is being paid by hunters for deer management, including assisting with the costs of processing deer donated for charitable purposes."

Sec. 5. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read:

Subd. 7. Electronic licensing system commission. The commissioner shall retain for the operation of the electronic licensing system the commission established under section 84.027, subdivision 15, and issuing fees collected by the commissioner on all license fees collected, excluding:

(1) the small game surcharge; ~~and~~

(2) the deer license surcharge; and

(3) $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12, and 13.

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Sec. 6. [97B.303] VENISON DONATIONS.

An individual who takes a deer may donate the deer, for distribution to charitable food assistance programs, to a meat processor that is licensed under chapter 28A. An individual donating a deer must supply the processor with the tag number under which the deer was taken."

Delete the title and insert:

"A bill for an act relating to game and fish; imposing a surcharge on deer licenses for deer management; providing for venison donations; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2006, sections 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.475, by adding a subdivision; 97A.485, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 17; 97B."

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

The report was adopted.

Mahoney from the Committee on Biosciences and Emerging Technology to which was referred:

H. F. No. 452, A bill for an act relating to biosciences and technology; establishing a technology and commercialization unit in the Department of Employment and Economic Development; requiring a report; appropriating money.

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

The report was adopted.

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 531, A bill for an act relating to Scott County; making the library board advisory to the county board.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

H. F. No. 551, A bill for an act relating to taxes; the military; clarifying that the tax deduction for out-of-state active military duty includes active duty performed by members of the Minnesota National Guard as well as that performed by other military reservists; amending Minnesota Statutes 2006, section 290.01, subdivision 19b.

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

The report was adopted.

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

H. F. No. 631, A bill for an act relating to natural resources; modifying sales authority; creating an account; modifying decorative boughs provisions; removing expiration of sustainable forest resources provisions; appropriating money; amending Minnesota Statutes 2006, sections 84.025, subdivision 9; 84.026, subdivision 1; 84.0855, subdivisions 1, 2; 88.642, subdivision 1; 88.6435, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 89; repealing Minnesota Statutes 2006, section 89A.11.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read:

Subd. 9. Professional services support account. The commissioner of natural resources may bill the various programs carried out by the commissioner for the costs of providing them with professional support services. Except as provided under section 89.421, receipts must be credited to a special account in the state treasury and are appropriated to the commissioner to pay the costs for which the billings were made.

The commissioner of natural resources shall submit to the commissioner of finance before the start of each fiscal year a work plan showing the estimated work to be done during the coming year, the estimated cost of doing the work, and the positions and fees that will be necessary. This account is exempted from statewide and agency indirect cost payments.

Sec. 2. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read:

Subdivision 1. Contracts. The commissioner of natural resources is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed natural resources services by the department. The contracts shall specify the services to be provided. Except as provided under section 89.421, funds generated in a contractual agreement made pursuant to this section shall be deposited in the special revenue fund and are appropriated to the department for purposes of providing the services specified in the contracts. The commissioner shall report revenues collected and expenditures made under this subdivision to the chairs of the Committees on Ways and Means in the house and Finance in the senate by January 1 of each odd-numbered year.

Sec. 3. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read:

Subdivision 1. Sales authorized; gift certificates. The commissioner may sell natural resources-related publications and maps; forest resource assessment products; federal migratory waterfowl, junior duck, and other federal stamps; and other nature-related merchandise, and may rent or sell items for the convenience of persons using Department of Natural Resources facilities or services. The commissioner may sell gift certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged by the commissioner under this section may include a reasonable amount in excess of the actual cost to support Department of Natural Resources programs. The commissioner may advertise the availability of a program or item offered under this section.

Sec. 4. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read:

Subd. 2. Receipts; appropriation. Except as provided under section 89.421, money received by the commissioner under this section or to buy supplies for the use of volunteers, may be credited to one or more special accounts in the state treasury and is appropriated to the commissioner for the purposes for which the money was received. Money received from sales at the state fair shall be available for state fair related costs. Money received from sales of intellectual property and software products or services shall be available for development, maintenance, and support of software products and systems.

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Sec. 5. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND SERVICES ACCOUNT.

Subdivision 1. Creation. The forest resource assessment products and services account is created in the state treasury in the natural resources fund.

Subd. 2. Receipts. Money received from forest resource assessment product sales and services provided by the commissioner under sections 84.025, subdivision 9; 84.026; and 84.0855 shall be credited to the forest resource assessment products and services account. Forest resource assessment products and services include the sale of aerial photography, remote sensing, and satellite imagery products and services.

Subd. 3. Use of money in account. Money credited to the forest resource assessment products and services account under subdivision 2 is annually appropriated to the commissioner and shall be used to maintain the staff and facilities producing the aerial photography, remote sensing, and satellite imagery products and services.

Sec. 6. Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision to read:

Subd. 4. Change of security. Prior to any harvest activity, or activities incidental to the preparation for harvest, a purchaser having posted a bond for 100 percent of the purchase price of a sale may request the release of the bond and the commissioner shall grant such release upon cash payment to the commissioner of the down payment requirement of the sale, plus interest.

Sec. 7. Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read:

Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may sell timber upon any tract that may be approved by the natural resources commissioner. The sale of timber shall be made for cash at not less than the appraised value determined by the county board to the highest bidder after not less than one week's published notice in an official paper within the county. Any timber offered at the public sale and not sold may thereafter be sold at private sale by the county auditor at not less than the appraised value thereof, until the time as the county board may withdraw the timber from sale. The appraised value of the timber and the forestry practices to be followed in the cutting of said timber shall be approved by the commissioner of natural resources.

(b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be made in cash at the time of the timber sale, except in the case of oral or sealed bid auction sales, the down payment shall be no less than 15 percent of the appraised value, and the balance shall be paid prior to entry. In the case of auction sales that are partitioned and sold as a single sale with predetermined cutting blocks, the down payment shall be no less than 15 percent of the appraised price of the entire timber sale which may be held until the satisfactory completion of the sale or applied in whole or in part to the final cutting block. The value of each separate block must be paid in full before any cutting may begin in that block. With the permission of the county contract administrator the purchaser may enter unpaid blocks and cut necessary timber incidental to developing logging roads as may be needed to log other blocks provided that no timber may be removed from an unpaid block until separately scaled and paid for. If payment is provided as specified in this paragraph as security under paragraph (a) and no cutting has taken place on the contract, the county auditor may credit the security provided, less any down payment required for an auction sale under this paragraph, to any other contract issued to the contract holder by the county under this chapter to which the contract holder requests in writing that it be credited, provided the request and transfer is made within the same calendar year as the security was received.

(c) The county board may ~~require final settlement on the basis of a scale of cut products~~ sell any timber, including biomass, as appraised or scaled. Any parcels of land from which timber is to be sold by scale of cut products shall be so designated in the published notice of sale under paragraph (a), in which case the notice shall contain a description of the parcels, a statement of the estimated quantity of each species of timber, and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as the case may be. In those cases any

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bids offered over and above the appraised prices shall be by percentage, the percent bid to be added to the appraised price of each of the different species of timber advertised on the land. The purchaser of timber from the parcels shall pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of sale as estimated to be standing on the land, and in addition shall pay at the same rate for any additional amounts which the final scale shows to have been cut or was available for cutting on the land at the time of sale under the terms of the sale. Where the final scale of cut products shows that less timber was cut or was available for cutting under terms of the sale than was originally paid for, the excess payment shall be refunded from the forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the county board as in case of other claims against the county. No timber, except hardwood pulpwood, may be removed from the parcels of land or other designated landings until scaled by a person or persons designated by the county board and approved by the commissioner of natural resources. Landings other than the parcel of land from which timber is cut may be designated for scaling by the county board by written agreement with the purchaser of the timber. The county board may, by written agreement with the purchaser and with a consumer designated by the purchaser when the timber is sold by the county auditor, and with the approval of the commissioner of natural resources, accept the consumer's scale of cut products delivered at the consumer's landing. No timber shall be removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in appraised valuation may be sold for not less than the full appraised value at private sale to individual persons without first publishing notice of sale or calling for bids, provided that in case of a sale involving a total appraised value of more than $200 the sale shall be made subject to final settlement on the basis of a scale of cut products in the manner above provided and not more than two of the sales, directly or indirectly to any individual shall be in effect at one time.

(d) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations or organized subdivisions of the state at public or private sale, and at the prices and under the terms as the county board may prescribe, for use as cottage and camp sites and for agricultural purposes and for the purpose of taking and removing of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden sites and other temporary uses provided that no leases shall be for a period to exceed ten years; provided, further that any leases involving a consideration of more than $12,000 per year, except to an organized subdivision of the state shall first be offered at public sale in the manner provided herein for sale of timber. Upon the sale of any leased land, it shall remain subject to the lease for not to exceed one year from the beginning of the term of the lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be audited and allowed by the county board as in case of other claims against the county.

(e) As directed by the county board, the county auditor may lease tax-forfeited land to individuals, corporations, or organized subdivisions of the state at public or private sale, at the prices and under the terms as the county board may prescribe, for the purpose of taking and removing for use for road construction and other purposes tax-forfeited stockpiled iron-bearing material. The county auditor must determine that the material is needed and suitable for use in the construction or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill, or other works on public or private property, and that the use would be in the best interests of the public. No lease shall exceed ten years. The use of a stockpile for these purposes must first be approved by the commissioner of natural resources. The request shall be deemed approved unless the requesting county is notified to the contrary by the commissioner of natural resources within six months after receipt of a request for approval for use of a stockpile. Once use of a stockpile has been approved, the county may continue to lease it for these purposes until approval is withdrawn by the commissioner of natural resources.

(f) The county auditor, with the approval of the county board is authorized to grant permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean ores, tailings, or waste products from mines or ore milling plants, upon the conditions and for the consideration and for the period of time, not exceeding 15 years, as the county board may determine. The permits, licenses, or leases are subject to approval by the commissioner of natural resources.

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(g) Any person who removes any timber from tax-forfeited land before said timber has been scaled and fully paid for as provided in this subdivision is guilty of a misdemeanor.

(h) The county auditor may, with the approval of the county board, and without first offering at public sale, grant leases, for a term not exceeding 25 years, for the removal of peat and for the production or removal of farm-grown closed-loop biomass as defined in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited lands upon the terms and conditions as the county board may prescribe. Any lease for the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops from tax-forfeited lands must first be reviewed and approved by the commissioner of natural resources if the lease covers 320 or more acres. No lease for the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by the county auditor pursuant to this section without first holding a public hearing on the auditor's intention to lease. One printed notice in a legal newspaper in the county at least ten days before the hearing, and posted notice in the courthouse at least 20 days before the hearing shall be given of the hearing.

(i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis County auditor may, at the discretion of the county board, sell timber to the party who bids the highest price for all the several kinds of timber, as provided for sales by the commissioner of natural resources under section 90.14. Bids offered over and above the appraised price need not be applied proportionately to the appraised price of each of the different species of timber.

(j) In lieu of any payment or deposit required in paragraph (b), as directed by the county board and under terms set by the county board, the county auditor may accept an irrevocable bank letter of credit in the amount equal to the amount otherwise determined in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, at the written request of the purchaser, the county may periodically allow the bank letter of credit to be reduced by an amount proportionate to the value of timber that has been harvested and for which the county has received payment. The remaining amount of the bank letter of credit after a reduction under this paragraph must not be less than 20 percent of the value of the timber purchased. If an irrevocable bank letter of credit or cash deposit is provided for the down payment required in paragraph (b), and no cutting of timber has taken place on the contract for which a letter of credit has been provided, the county may allow the transfer of the letter of credit to any other contract issued to the contract holder by the county under this chapter to which the contract holder requests in writing that it be credited.

Sec. 8. REPEALER.

Minnesota Statutes 2006, section 89A.11, is repealed."

Delete the title and insert:

"A bill for an act relating to natural resources; modifying sales authority; creating an account; removing expiration of sustainable forest resources provisions; providing for change of security for timber sales; providing for timber sales on tax-forfeited land; appropriating money; amending Minnesota Statutes 2006, sections 84.025, subdivision 9; 84.026, subdivision 1; 84.0855, subdivisions 1, 2; 90.161, by adding a subdivision; 282.04, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 89; repealing Minnesota Statutes 2006, section 89A.11."

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

The report was adopted.

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

H. F. No. 632, A bill for an act relating to natural resources; designating a state wildlife management area; amending Minnesota Statutes 2006, section 97A.133, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2006, section 97A.133, is amended by adding a subdivision to read:

Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County. Sec. 2. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.

(a) The following area is established and designated as the Vermillion Highlands Wildlife Management Area, subject to the special permitted uses authorized in this section:

The approximately 2,840 acres owned by the University of Minnesota lying within the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range 19 West, Dakota County.

(b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph (c), permitted uses in the Vermillion Highlands Wildlife Management Area include:

(1) education, outreach, and agriculture with the intent to eventually phase out agriculture leases and plant and restore native prairie;

(2) research by the University of Minnesota or other permitted researchers;

(3) hiking, hunting, fishing, trapping, and other compatible wildlife-related recreation of a natural outdoors experience, without constructing new hard surface trails or roads, and supporting management and improvements;

(4) designated trails for hiking, horseback riding, biking, and cross-country skiing and necessary trailhead support with minimal impact on the permitted uses in clause (3);

(5) shooting sports facilities for sporting clays, skeet, trapshooting, and rifle and pistol shooting, including sanctioned events and training for responsible handling and use of firearms;

(6) grant-in-aid snowmobile trails; and

(7) leases for small-scale farms to market vegetable farming.

(c) With the concurrence of representatives of the University of Minnesota and Dakota County, the commissioner of natural resources may, by posting or rule, restrict the permitted uses as follows:

(1) temporarily close areas or trails, by posting at the access points, to facilitate hunting. When temporarily closing trails under this clause, the commissioner shall avoid closing all trail loops simultaneously whenever practical; or

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(2) limit other permitted uses to accommodate hunting and trapping after providing advance public notice. Research conducted by the university may not be limited unless mutually agreed by the commissioner and the University of Minnesota.

(d) Road maintenance within the wildlife management area shall be minimized, with the intent to abandon interior roads when no longer needed for traditional agriculture purposes.

(e) Money collected on leases from lands within the wildlife management area must be kept in a separate account and spent within the wildlife management area under direction of the representatives listed in paragraph (c).

(f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state of Minnesota shall not provide payments in lieu of taxes for the lands described in paragraph (a)."

Delete the title and insert:

"A bill for an act relating to natural resources; designating a state wildlife management area; amending Minnesota Statutes 2006, section 97A.133, by adding a subdivision."

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

The report was adopted.

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 756, A bill for an act relating to local government; removing restrictions on the sale or lease of certain property listed on the National Register of Historic Places; repealing Minnesota Statutes 2006, section 15.995.

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

The report was adopted.

Rukavina from the Higher Education and Work Force Development Policy and Finance Division to which was referred:

H. F. No. 822, A bill for an act relating to economic development; extending the expiration date for the neighborhood revitalization program; amending Minnesota Statutes 2006, section 469.1781.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. CONTINUED NEIGHBORHOOD REVITALIZATION FUNDING REPORT.

The neighborhood revitalization policy board established under Minnesota Statutes, section 469.1831, subdivision 6, paragraph (c), must evaluate the need for continued funding for the neighborhood revitalization program and prepare a report with recommendations to continue funding the program and continue providing investment in Minneapolis neighborhoods beyond 2009. By October 15, 2007, the report must be presented to the

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committees of the legislature responsible for the neighborhood revitalization program and must provide specific recommendations for legislative actions based on a commitment from the common project or other sources of at least $400,000,000 for the neighborhood revitalization program between 1990 and 2029. Revenue sources for the neighborhood revitalization program must not include any interest earned on funds appropriated for the implementation of an adopted neighborhood action plan."

Delete the title and insert:

"A bill for an act relating to economic development; requiring a neighborhood revitalization policy board to study and report on continued needs for funding."

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

The report was adopted.

Rukavina from the Higher Education and Work Force Development Policy and Finance Division to which was referred:

H. F. No. 826, A bill for an act relating to economic development; requiring a closed motor vehicle manufacturing plant and related facilities to be maintained for a period of time; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 849, A bill for an act relating to natural resources; providing for regulation of shoreland resorts; amending Minnesota Statutes 2006, section 103F.205, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 103F.

Reported the same back with the following amendments:

Page 1, line 13, delete "an existing" and insert "a"

Page 1, line 14, after "establishment" insert ", existing on or before August 1, 2007,"

Page 1, line 22, delete "for more than 30 days within a calendar year"

Page 2, line 15, after "structure" insert "being any larger than required to meet standards or codes or the structure"

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

The report was adopted.

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Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

H. F. No. 903, A resolution exhorting Congress to reform the federal Montgomery GI Bill for the Selected Reserves to permit members of the National Guard and reserves who have been mobilized into federal active duty in support of current wars to receive and use their federal educational benefits following separation from active reserve status and final discharge from the military.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1005, A bill for an act relating to local government; authorizing municipalities to issue bonds to fund actuarial liabilities to pay postemployment benefits to retired officers and employees; amending Minnesota Statutes 2006, sections 475.52, subdivision 6; 475.58, subdivision 1.

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

The report was adopted.

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

H. F. No. 1035, A bill for an act relating to natural resources; exempting certain exchanged land from the tax-forfeited land assurance fee; amending Laws 2006, chapter 236, article 1, section 21.

Reported the same back with the following amendments:

Page 2, after line 15, insert:

"Sec. 2. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.

Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of 20 years, for use as a tailings basin and buffer area. A lease entered under this section is renewable."

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "authorizing certain leases of tax-forfeited lands in Itasca County;"

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

The report was adopted.

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Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1105, A bill for an act relating to local government; increasing charter commission expense limitations for certain cities; amending Minnesota Statutes 2006, section 410.06.

Reported the same back with the following amendments:

Page 1, line 11, strike everything after the period

Page 1, strike line 12

Page 1, line 13, strike the old language and delete the new language and insert "A city of the first class must pay up to $10,000 in any one year for reasonable and necessary expenses of the charter commission. Any other city must pay up to $5,000 in any one year for reasonable and necessary expenses of the charter commission. A city"

With the recommendation that when so amended the bill pass.

The report was adopted.

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

H. F. No. 1134, A bill for an act relating to the military; establishing the Minnesota National Guard Nonappropriated Fund Instrumentality; proposing coding for new law in Minnesota Statutes, chapter 192.

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

The report was adopted.

Otremba from the Committee on Agriculture, Rural Economies and Veterans Affairs to which was referred:

H. F. No. 1157, A bill for an act relating to the military; expanding uses for money in the Minnesota "Support Our Troops" account; amending Minnesota Statutes 2006, section 190.19, subdivision 2.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1160, A bill for an act relating to local government; authorizing local governments and school districts to establish trusts to pay postemployment benefits to retired employees and officers; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 471.

Reported the same back with the following amendments:

Page 2, line 23, delete "in the supplemental investment funds created"

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Page 2, line 28, delete the second comma and insert "or"

Page 2, line 29, delete the comma and delete "an"

Page 3, line 31, delete "actuarial"

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

The report was adopted.

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1193, A bill for an act relating to counties; providing a process for making the Office of County Recorder appointive in Beltrami County.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

Mahoney from the Committee on Biosciences and Emerging Technology to which was referred:

H. F. No. 1203, A bill for an act relating to taxation; sales and use; exempting building materials, supplies, and equipment used to construct, improve, and expand the facilities of a bioscience institute; removing an obsolete provision; amending Minnesota Statutes 2006, sections 297A.71, by adding a subdivision; 297A.75, subdivisions 1, 2.

Reported the same back with the following amendments:

Page 1, line 10, after "the" insert "construction," and after "improvement" insert a comma

Page 1, line 15, delete "corporation" and insert "public"

Page 3, line 13, delete "corporate" and insert "public"

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

The report was adopted.

Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1327, A bill for an act relating to waters; modifying requirements for lake improvement districts; amending Minnesota Statutes 2006, section 103B.571, subdivision 4, by adding a subdivision.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

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Hilstrom from the Committee on Local Government and Metropolitan Affairs to which was referred:

H. F. No. 1337, A bill for an act relating to the city of Minneapolis; providing for funding of construction and maintenance of streets and street lighting; amending Laws 1973, chapter 393, section 1, as amended; repealing Laws 1973, chapter 393, section 2.

Reported the same back with the recommendation that the bill pass.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 531, 826, 903, 1105, 1157, 1193, 1327 and 1337 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Slawik, Lieder, Swails, Norton and Ruth introduced:

H. F. No. 2080, A bill for an act relating to libraries; providing access to the Electronic Library for Minnesota; proposing coding for new law in Minnesota Statutes, chapter 134.

The bill was read for the first time and referred to the Committee on E-12 Education.

Anzelc introduced:

H. F. No. 2081, A bill for an act relating to education finance; allowing for retired employee health benefits; amending Minnesota Statutes 2006, section 126C.41, subdivision 2.

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

Peterson, A., and Rukavina introduced:

H. F. No. 2082, A bill for an act relating to drivers' licenses; modifying driver's license provisions relating to alcohol-abstinence restrictions; amending Minnesota Statutes 2006, sections 171.09, subdivision 1; 171.12, subdivision 6; 171.30, subdivision 4.

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

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Rukavina and Clark introduced:

H. F. No. 2083, A bill for an act relating to employment; providing remedies and enforcement for the prevailing wage law; amending Minnesota Statutes 2006, section 177.27, subdivisions 1, 4, 8, 9, 10.

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

Thissen introduced:

H. F. No. 2084, A bill for an act relating to traffic regulations; modifying petty misdemeanor offense for violating parking regulations; amending Minnesota Statutes 2006, section 169.34.

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

Mariani introduced:

H. F. No. 2085, A bill for an act relating to education; appropriating money for the quantum opportunities program.

The bill was read for the first time and referred to the Committee on E-12 Education.

Cornish introduced:

H. F. No. 2086, A bill for an act relating to education; changing the calculation of marginal cost pupil units and equalized debt service levy; amending Minnesota Statutes 2006, sections 123B.53, subdivision 5; 126C.05, subdivisions 5, 6.

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

Gottwalt, Eastlund and Anderson, S., introduced:

H. F. No. 2087, A bill for an act relating to education; requiring school districts to fully inform parents of their ability to refuse an early childhood developmental screening because of conscientiously held beliefs; amending Minnesota Statutes 2006, section 121A.17, subdivision 5.

The bill was read for the first time and referred to the Committee on E-12 Education.

Bly, Slocum, Eken and Heidgerken introduced:

H. F. No. 2088, A bill for an act relating to education; authorizing schools to use an interdisciplinary teaching and learning program model; providing for an interdisciplinary teaching license; providing for rulemaking; proposing coding for new law in Minnesota Statutes, chapter 122A.

The bill was read for the first time and referred to the Committee on E-12 Education.

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Hackbarth and Abeler introduced:

H. F. No. 2089, A bill for an act relating to education; increasing pupil unit count for certain growing school districts.

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

Ward and Bigham introduced:

H. F. No. 2090, A bill for an act relating to health; limiting requirements related to backflow prevention in recreational camping areas; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Huntley introduced:

H. F. No. 2091, A bill for an act relating to human services; directing the transfer of certain medical assistance appropriations.

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

Simpson introduced:

H. F. No. 2092, A bill for an act relating to sales and use tax; providing a sales tax exemption of materials and supplies used in constructing wastewater treatment facility in the city of New York Mills; amending Minnesota Statutes 2006, section 297A.71, by adding a subdivision.

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

Anderson, B., by request, introduced:

H. F. No. 2093, A bill for an act relating to the city of Clearwater; authorizing the city to impose a sales and use tax.

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

Koenen; Peterson, A.; Juhnke; Heidgerken; Urdahl; Magnus and Otremba introduced:

H. F. No. 2094, A bill for an act relating to energy; providing for grants to schools and public buildings installing heating units that use biomass; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.

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

Journal of the House - 29th Day - Wednesday, March 14, 2007 - Top of Page 1212

Eastlund; Erickson; Anderson, B., and Wardlow introduced:

H. F. No. 2095, A bill for an act relating to veterans; broadening the eligibility criteria for peace officer reciprocity licensing exam to include certain persons in active military service; amending Minnesota Statutes 2006, section 626.8517.

The bill was read for the first time and referred to the Committee on Agriculture, Rural Economies and Veterans Affairs.

Eastlund; Wardlow; Anderson, B., and Olson introduced:

H. F. No. 2096, A bill for an act relating to property taxation; providing a valuation exclusion for homesteads of certain disabled military veterans; amending Minnesota Statutes 2006, section 273.13, by adding a subdivision.

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

Gardner introduced:

H. F. No. 2097, A bill for an act relating to energy; regulating service disconnections by public utilities during winter; proposing coding for new law in Minnesota Statutes, chapter 216B; repealing Minnesota Statutes 2006, section 216B.095.

The bill was read for the first time and referred to the Energy Finance and Policy Division.

Morrow introduced:

H. F. No. 2098, A bill for an act relating to retirement; providing for certain pension benefits upon privatization of the Lakeview Nursing Home in Gaylord; amending Minnesota Statutes 2006, section 353F.02, subdivision 4.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

Morrow, Gardner, Urdahl, Haws and Jaros introduced:

H. F. No. 2099, A bill for an act relating to the Minnesota Historical Society; appropriating money for a grant-in-aid program for county and local historical societies.

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

Clark, Wagenius, Madore, Atkins and Ruud introduced:

H. F. No. 2100, A bill for an act relating to public health; protecting reproductive health and the health of children; prohibiting Bisphenol-A and Phthalates in products for young children; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Journal of the House - 29th Day - Wednesday, March 14, 2007 - Top of Page 1213

Cornish introduced:

H. F. No. 2101, A bill for an act relating to waters; appropriating money to the Faribault Soil and Water Conservation District.

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

Hansen introduced:

H. F. No. 2102, A bill for an act relating to taxation; authorizing the city of Lilydale to impose a food and beverage tax.

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

Simpson, Lanning and Marquart introduced:

H. F. No. 2103, A bill for an act relating to sales and use tax; providing a sales tax exemption for construction of water and wastewater treatment facilities; amending Minnesota Statutes 2006, sections 297A.71, by adding a subdivision; 297A.75, subdivisions 1, 2, 3.

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

Dill introduced:

H. F. No. 2104, A bill for an act relating to Cook County; authorizing local lodging and admissions taxes.

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

Abeler and Thao introduced:

H. F. No. 2105, A bill for an act relating to health-related licensing; establishing licensure requirements for foreign trained professional counselors; adding professional counselors as a professional service; amending Minnesota Statutes 2006, section 319B.02, subdivision 19; proposing coding for new law in Minnesota Statutes, chapters 148; 148B.

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

Gottwalt and Eastlund introduced:

H. F. No. 2106, A bill for an act relating to income taxes; providing a subtraction for contributions to a qualified section 529 college savings plan; amending Minnesota Statutes 2006, section 290.01, subdivision 19b, as amended.

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

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Masin, Bly, Sertich, Laine and Sailer introduced:

H. F. No. 2107, A bill for an act relating to telecommunications; setting certain goals; providing for a broadband policy director and advisory board; amending Minnesota Statutes 2006, sections 237.011; 237.082; 237.16, subdivision 9; proposing coding for new law in Minnesota Statutes, chapter 237.

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

Dettmer introduced:

H. F. No. 2108, A bill for an act relating to taxation; payment in lieu of taxes; allowing a town that incorporates into a city to continue receiving certain payments; amending Minnesota Statutes 2006, section 97A.061, subdivision 2.

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

Murphy, E.; Thao; Fritz; Brod; Abeler; Huntley; Walker; Bunn; Otremba; Tschumper; Ruud and Loeffler introduced:

H. F. No. 2109, A bill for an act relating to health occupations; establishing licensure for medical laboratory science professionals; creating the Board of Medical Laboratory Science; proposing coding for new law as Minnesota Statutes, chapter 148E.

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

Lieder, Morrow and Ruth introduced:

H. F. No. 2110, A bill for an act relating to capital improvements; appropriating money for Greater Minnesota transit; authorizing the sale and issuance of state bonds.

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

Hosch introduced:

H. F. No. 2111, A bill for an act relating to human services; establishing an MFIP pilot program; appropriating money.

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

Anzelc, Huntley, Abeler and Rukavina introduced:

H. F. No. 2112, A bill for an act relating to human services; increasing the medical assistance payment rates for dental services provided to children; requiring a report on provider taxes paid by dental providers and payments made to dental providers from the health care access fund; amending Minnesota Statutes 2006, section 256B.76.

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

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Moe, Ward, Kahn, Simon, Winkler, Wollschlager and Gardner introduced:

H. F. No. 2113, A bill for an act relating to state government; providing for management of state grants; proposing coding for new law in Minnesota Statutes, chapter 16B.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

Clark introduced:

H. F. No. 2114, A bill for an act relating to health; classifying certain data as private; requiring informed consent for birth defects information; making available a visit by a public health nurse; amending Minnesota Statutes 2006, sections 13.3806, by adding a subdivision; 144.2215, subdivision 1.

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

Olin, Paymar, Hilstrom and Smith introduced:

H. F. No. 2115, A resolution memorializing Congress to enact legislation to extend federal entitlement eligibility to unadjudicated individuals held in local facilities.

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

Lieder and Juhnke introduced:

H. F. No. 2116, A bill for an act relating to traffic regulations; regulating gross vehicle weights and axle weights of vehicles and combinations of vehicles; amending allowable weight limits on certain routes; amending permit fees and requirements; authorizing permits for certain vehicles and combinations of vehicles; making technical changes; amending Minnesota Statutes 2006, sections 169.824, subdivisions 1, 2; 169.826, subdivisions 1a, 1b; 169.8261; 169.828, subdivision 2; 169.86, subdivisions 1a, 5; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Berns and Madore introduced:

H. F. No. 2117, A bill for an act relating to state government; appropriating money for the Department of Administration.

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

Norton introduced:

H. F. No. 2118, A bill for an act relating to health; prohibiting smoking near entrances to public places; amending Minnesota Statutes 2006, section 144.414, subdivisions 1, 3.

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

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DeLaForest introduced:

H. F. No. 2119, A bill for an act relating to elections; specifying campaign finance reporting requirements and limiting the carryforward allowance for certain county commissioner and city council candidates; amending Minnesota Statutes 2006, sections 10A.01, subdivision 10; 10A.09, subdivision 1; 10A.257, subdivision 1.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

Hornstein introduced:

H. F. No. 2120, A bill for an act relating to environment; appropriating money to study air quality in residential neighborhoods exposed to air pollution from takeoffs and landings at Minneapolis-St. Paul International Airport; appropriating money.

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

Laine introduced:

H. F. No. 2121, A bill for an act relating to the city of Fridley; authorizing a tax increment financing district.

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

Brod introduced:

H. F. No. 2122, A bill for an act relating to taxation; property tax refunds; removing the maximum from the homeowner refund; implementing an income phaseout for the special refund; amending Minnesota Statutes 2006, section 290A.04, subdivisions 2, 2h, 4.

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

Murphy, E., and Thao introduced:

H. F. No. 2123, A bill for an act relating to historic preservation; appropriating money for a grant to the Hmong Studies Center.

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

Murphy, M., by request, introduced:

H. F. No. 2124, A bill for an act relating to retirement; amending certain correctional employee disability benefit provisions; defining terms; amending age limits; amending Minnesota Statutes 2006, section 352.95, subdivisions 1, 2, 5, 7, by adding subdivisions.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

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Murphy, M., by request, introduced:

H. F. No. 2125, A bill for an act relating to retirement; extending filing deadlines; requiring certain written applications; amending disability benefit provisions; amending Minnesota Statutes 2006, sections 352.113, subdivision 4; 352.95, subdivisions 3, 4, 5; 352B.10, subdivision 5, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

Murphy, M., by request, introduced:

H. F. No. 2126, A bill for an act relating to retirement; establishing dates for full funding for certain retirement plans; amending Minnesota Statutes 2006, section 356.215, subdivision 11.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

Clark introduced:

H. F. No. 2127, A bill for an act relating to employment and economic development; appropriating money for the Metropolitan Economic Development Association.

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

Murphy, M., by request, introduced:

H. F. No. 2128, A bill for an act relating to retirement; adding staff of the Public Employees Retirement Association as eligible to participate in the postretirement option; amending Minnesota Statutes 2006, section 43A.346, subdivision 1.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

Wardlow and Masin introduced:

H. F. No. 2129, A bill for an act relating to the city of Eagan; authorizing creation of a tax increment financing district.

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

Peterson, A., introduced:

H. F. No. 2130, A bill for an act relating to retirement; Public Employees Retirement Association general plan; authorizing a late application for disability benefits for a former employee.

The bill was read for the first time and referred to the Committee on Governmental Operations, Reform, Technology and Elections.

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Urdahl and Shimanski introduced:

H. F. No. 2131, A bill for an act relating to taxation; sales taxes; eliminating a restriction on the exemption for an electrical cooperative located in Meeker County; amending Minnesota Statutes 2006, section 297A.68, subdivision 37.

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

Gottwalt, Berns, Dettmer, Sviggum, Severson and Dean introduced:

H. F. No. 2132, A bill for an act relating to taxation; individual income; providing income tax checkoffs to provide additional funding for kindergarten through grade 12 education, health care, higher education, early childhood and family education, and state parks; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Olin and Haws introduced:

H. F. No. 2133, A bill for an act relating to public safety; appropriating money for state's share of costs of precommitment detention of persons under civil commitment law.

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

Simon introduced:

H. F. No. 2134, A bill for an act relating to civil actions; clarifying and modifying the limitation period for civil actions involving sexual abuse against a minor; appropriating money; amending Minnesota Statutes 2006, section 541.073.

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

CONSENT CALENDAR

H. F. No. 539, A bill for an act relating to highways; authorizing changes to trunk highway system; amending Minnesota Statutes 2006, section 161.115, subdivision 76; repealing Minnesota Statutes 2006, section 161.115, subdivision 193.

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

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

Those who voted in the affirmative were: