Journal of the House - 20th Day - Monday, March 16, 2009

A quorum was present.

Anderson, B.; Clark and Slawik were excused.

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

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 856

REPORTS OF CHIEF CLERK

S. F. No. 401 and H. F. No. 434, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Laine moved that the rules be so far suspended that S. F. No. 401 be substituted for H. F. No. 434 and that the House File be indefinitely postponed. The motion prevailed.

PETITIONS AND COMMUNICATIONS

The following communication was received:

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Margaret Anderson Kelliher

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 Act of the 2009 Session of the State Legislature has been received from the Office of the Governor and is 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

2009

Date Filed

2009

162 6 4:35 p.m. March 11 March 11

Sincerely,

Mark Ritchie

Secretary of State

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REPORTS OF STANDING COMMITTEES AND DIVISIONS

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 239, A bill for an act relating to real estate; permitting homeowners to recover all damages incurred due to faulty construction; amending Minnesota Statutes 2008, section 327A.05.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 327A.05, is amended to read:

327A.05 REMEDIES.

Subdivision 1. New home warranties. Upon breach of any warranty imposed by section 327A.02, subdivision 1, the vendee shall have a cause of action against the vendor for damages arising out of the breach, or for specific performance. Damages shall be limited to:

~~(a)~~ (1)(i) the amount necessary to remedy the defect or breach; or

~~(b)~~ (ii) the difference between the value of the dwelling without the defect and the value of the dwelling with the defect; and

(2) reasonable costs for short-term housing made necessary as a result of the breach, not to exceed the current maximum per diem rate set by the United States General Services Administration that applies to the location of the property.

Subd. 2. Home improvement warranty. Upon breach of any warranty imposed by section 327A.02, subdivision 3, the owner shall have a cause of action against the home improvement contractor for damages arising out of the breach, or for specific performance. Damages shall be limited to the amount necessary to remedy the defect or breach, plus costs referenced in subdivision 1, clause (2).

EFFECTIVE DATE. This section is effective the day following final enactment and applies to actions commenced on or after that date."

Amend the title as follows:

Page 1, line 2, delete "all" and insert "certain"

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

The report was adopted.

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 858

Mullery from the Committee on Civil Justice to which was referred:

H. F. No. 292, A bill for an act relating to health; providing for the medical use of marijuana; providing civil and criminal penalties; appropriating money; amending Minnesota Statutes 2008, section 13.3806, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.

Reported the same back with the following amendments:

Page 2, delete line 14

Page 2, line 15, delete "than six months" and insert "as defined in section 152.125, subdivision 1"

Page 8, line 11, delete "$10" and insert "$15"

Page 11, line 31, delete "$1,000" and insert "$2,000"

Page 12, line 7, delete "$10" and insert "$15"

Page 15, after line 9, insert:

"Sec. 11. EFFECTIVE DATE.

Sections 1 to 9 are effective August 1, 2009."

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

The report was adopted.

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 354, A bill for an act relating to real property; mortgages; requiring notice and mandatory mediation prior to commencement of mortgage foreclosure proceedings on homestead property; creating a homestead-lender mediation account; amending Minnesota Statutes 2008, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 582; 583.

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

The report was adopted.

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 384, A bill for an act relating to health; developing technology standards and tools to exchange information electronically between groups; requiring assignment of benefits for health and medical savings accounts; amending Minnesota Statutes 2008, section 62J.60, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62J.

Reported the same back with the following amendments:

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 859

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 62J.60, is amended by adding a subdivision to read:

Subd. 6. Developing technology standards and tools. The commissioner of health, in consultation with the Minnesota Administrative Uniformity Committee, the commissioner of commerce, and the commissioner of human services, shall study and make recommendations on the feasibility and barriers to simplifying health care administrative transactions through electronic data interchange. The study shall include:

(1) recommendations regarding the feasibility and barriers to establishing a single, standardized system for all group purchasers for health care administrative transactions and notification, preauthorization, or service notification, and retroactive denial through electronic data interchange, identifying a range of potential technologies to accomplish this purpose;

(2) recommendations regarding the relationship of technologies to the e-prescribing requirements of section 62J.497;

(3) recommendations for ensuring that any use of technologies by providers and group purchasers is consistent with national standards;

(4) an analysis of the readiness of providers and group purchasers to implement appropriate technologies and comply with technology requirements already required by law; and

(5) recommendations for prioritizing the implementation of specific technologies in relation to provider and health plan efforts to meet the requirements of section 62J.536, to meet the administrative requirements of section 62J.497, to meet federal requirements for transitioning from ICD-9 to ICD-10, and to comply with federal changes to Code of Federal Regulations, title 45, part 162.

By February 1, 2011, the commissioner shall report the study and recommendations to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health care policy and finance."

Delete the title and insert:

"A bill for an act relating to health; developing technology standards and tools to exchange information electronically between groups; amending Minnesota Statutes 2008, section 62J.60, by adding a subdivision."

With the recommendation that when so amended the bill pass.

The report was adopted.

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 388, A bill for an act relating to mental illness; prohibiting participation in clinical drug trials; amending Minnesota Statutes 2008, section 253B.095, subdivision 1.

Reported the same back with the following amendments:

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 860

Page 1, line 20, after the semicolon, insert "and"

Page 1, line 22, after "a" insert "psychiatric" and delete "; and" and insert a period

Page 1, lines 23 and 24, delete the new language

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

The report was adopted.

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 475, A bill for an act relating to taxation; insurance; providing a credit for investment in start-up and emerging Minnesota businesses; proposing coding for new law in Minnesota Statutes, chapters 116J; 297I.

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

The report was adopted.

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 521, A bill for an act relating to health; modifying provisions for volunteer health practitioners; amending Minnesota Statutes 2008, section 145A.06, subdivision 8.

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

The report was adopted.

Mullery from the Committee on Civil Justice to which was referred:

H. F. No. 534, A bill for an act relating to insurance; authorizing and regulating the issuance of certificates of insurance; amending Minnesota Statutes 2008, section 60K.46, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A.

Reported the same back with the following amendments:

Page 1, line 13, delete "an approved" and insert "a filed"

Page 2, delete lines 1 to 3 and insert:

"Subd. 6. Opinion letters. A licensed insurance producer may not issue, in lieu of a certificate, an agent's opinion letter or other correspondence that is inconsistent with this section.

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 861

Subd. 7. Application. Nothing in this section shall limit or restrict:

(1) the rights of a policyholder or third party in an action against an insurance producer or insurance company for an error or omission regarding evidence of coverage; or

(2) the rights of a third party against an insurance producer or insurance company resulting from the reliance on a certificate of insurance given to the third party by an insurance producer or insurance company."

With the recommendation that when so amended the bill pass.

The report was adopted.

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

H. F. No. 668, A bill for an act relating to public safety; school buses; providing for postcrash procedures for school bus in an accident; amending Minnesota Statutes 2008, section 169.4511, subdivision 1.

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

The report was adopted.

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

H. F. No. 672, A bill for an act relating to transportation; permitting statewide use of freeway shoulders by transit and metro mobility buses; allowing limited use of bus stops by motor carriers of passengers; amending Minnesota Statutes 2008, sections 169.306; 473.411, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 169.306, is amended to read:

169.306 USE OF SHOULDERS BY BUSES.

(a) The commissioner of transportation ~~may~~ is authorized to permit the use by transit buses and Metro Mobility buses of a shoulder, as designated by the commissioner, of a freeway or expressway, as defined in section 160.02, ~~in the seven-county metropolitan area~~ in Minnesota.

(b) If the commissioner permits the use of a freeway or expressway shoulder by transit buses, the commissioner shall ~~also~~ permit the use on that shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor carrier of passengers, as defined in section 221.012, subdivision 26, while operating in intrastate commerce or (2) providing regular route transit service, as defined in section 174.22, subdivision 8, or Metro Mobility services, and operated by or under contract with the Metropolitan Council, a local transit authority, or a transit authority created by the legislature. Drivers of these buses must have adequate training in the requirements of paragraph (c), as determined by the commissioner.

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 862

(c) Buses authorized to use the shoulder under this section may be operated on the shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of buses being operated on the shoulder may not exceed the speed of main-line traffic by more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses being operated on the shoulder must yield to merging, entering, and exiting traffic and must yield to other vehicles on the shoulder. Buses operated on the shoulder must be registered with the Department of Transportation.

(d) For the purposes of this section, the term "Metro Mobility bus" means a motor vehicle of not less than 20 feet in length engaged in providing special transportation services under section 473.386 that is:

(1) operated by ~~the Metropolitan Council, or operated by~~ or under contract with a public or private entity receiving financial assistance to provide transit services from the Metropolitan Council or the commissioner of transportation; and

(2) authorized by the ~~council~~ commissioner to use freeway or expressway shoulders.

(e) This section does not apply to the operation of buses on dynamic shoulder lanes."

Delete the title and insert:

"A bill for an act relating to transportation; authorizing use of freeway shoulders by transit buses and Metro Mobility buses; amending Minnesota Statutes 2008, section 169.306."

With the recommendation that when so amended the bill pass and be re-referred to the Transportation Finance and Policy Division.

The report was adopted.

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 681, A bill for an act relating to health; establishing an HIV transmission public education program; proposing coding for new law in Minnesota Statutes, chapter 144.

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

The report was adopted.

Mullery from the Committee on Civil Justice to which was referred:

H. F. No. 722, A bill for an act relating to taxation; modifying tax preparation services law; amending Minnesota Statutes 2008, section 270C.445.

Reported the same back with the following amendments:

Page 2, line 26, before the period, insert "and any other fees. A refund anticipation check includes a refund transfer"

Page 3, delete line 21

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 863

Page 3, line 22, delete "(16)" and insert "(15)"

Page 3, line 23, delete "(17)" and insert "(16)"

Page 3, line 25, delete "(18)" and insert "(17)"

Page 3, line 26, delete "(19)" and insert "(18)"

Page 4, line 6, delete "(20)" and insert "(19)"

Page 4, line 16, before the period, insert "associated with the refund anticipation loan or refund anticipation check"

Page 4, line 17, strike "; refund anticipation loans" and delete "and checks" and strike "If" and insert "Before or at the same time"

Page 4, delete lines 19 to 20 and insert "must make the disclosures in ~~this subdivision. The disclosures must be made before or at the same time the preparer offers the refund anticipation loan to the client.~~ subdivision 4a. Before or at the same time a tax preparer offers or facilitates a refund anticipation check or refund transfer, the tax preparer must make the disclosures in subdivision 4b.

(b) The disclosures must be provided to a client in a written notice on a single sheet of paper, separate from any other document or writing.

(c) All required statements must be in capital and small font type fonts, in a minimum of 14-point type, with at least a double space between each statement.

(d) The notice must be signed and dated by the tax preparer and the client.

(e) All required disclosures, notices, and statements must be provided in the client's primary language, if the tax preparer advertises in that language."

Page 4, lines 21 to 34, delete the new language and strike the old language

Page 5, lines 1 to 7, strike the old language

Page 5, delete lines 8 to 9 and insert:

"Subd. 4a. Refund anticipation loan disclosures. The disclosure required under subdivision 4 for a refund anticipation loan must contain:

(1) a legend, centered at the top on the single sheet of paper, in bold, capital letters, and in 28-point type stating "NOTICE";

(2) the following verbatim statements:

(i) "This is a loan. This is not your refund. The annual percentage rate (APR), based on the estimated payment period, is (fill in the estimated APR)."

(ii) "Your refund will be used to repay the loan. As a result, the amount of your refund will be reduced by (fill in appropriate dollar amount) for fees, interest, and other charges."

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 864

(iii) "You have the right to cancel this transaction by returning the loan check or the amount of the loan in cash within one business day after you get the loan."

(iv) "You can get your refund in about two weeks if you file your return electronically and have the Internal Revenue Service send your refund to your own bank account."; and

(3) if the client is subject to additional interest when a refund is delayed, the following verbatim statement must also be included in the notice: "If you choose to take this loan and your refund is delayed, you may have to pay."

Subd. 4b. Refund anticipation check disclosures. (a) The disclosure required under subdivision 4 for a refund anticipation check must contain:

(1) a legend, centered at the top on the single sheet of paper, in bold, capital letters, and in 28-point type stating "NOTICE";

(2) the following verbatim statements:

(i) "You do not have to purchase a refund anticipation check (RAC) to get your tax refund."

(ii) "Generally the IRS can direct deposit your income tax refund to your personal bank account within 8 to 15 days after the IRS accepts your tax return for processing."

(iii) "If you choose to purchase a RAC, your tax return funds will generally be made available to you within 8 to 15 days."

(iv) "A RAC is not a loan."

(v) "The cost of the RAC is $ (fill in dollar amount)."

(vi) "You can either pay for your RAC now or you can have it withheld from your refund."

(vii) "The cost of your tax return is not any more or any less if you purchase a RAC."

(b) A tax preparer offering a refund anticipation check that uses a different product name, including but not limited to refund transfer, must substitute the product name for "RAC" in all the statements required under this subdivision."

Page 5, line 12, strike "and"

Page 5, line 13, strike the period and insert "; and"

Page 5, after line 13, insert:

"(3) each fee associated with the provision of a refund anticipation check."

Page 5, line 26, delete "in cash"

Page 6, lines 9 and 13, strike the second "to" and insert ", 3a, 4, 4a, 4b," and after "5" insert ","

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Page 6, line 16, strike the first "to" and insert ", 3a, 4, 4a, 4b," and after "5" insert ","

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

The report was adopted.

Mullery from the Committee on Civil Justice to which was referred:

H. F. No. 731, A bill for an act relating to civil actions; modifying civil liability for labor and sex trafficking crimes; proposing coding for new law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008, section 609.284, subdivision 2.

Reported the same back with the following amendments:

Page 1, delete lines 7 to 14 and insert:

"(a) A trafficking victim may bring an action against a person who violates section 609.282, 609.283, or 609.322. A victim who prevails in an action brought under this section shall be awarded the greater of actual damages, including damages for emotional distress, or:

(1) $5,000 if the victim was trafficked for a period of less than one month;

(2) $10,000 if the victim was trafficked for a period of one month or more, but less than three months;

(3) $15,000 if the victim was trafficked for a period of three months or more, but less than six months;

(4) $20,000 if the victim was trafficked for a period of six months or more, but less than one year; or

(5) $20,000 per year for each year the victim was trafficked, if the victim was trafficked for a period of one year or more.

A victim prevailing in an action brought under this section is also entitled to an award of punitive damages, costs, disbursements, litigation costs, and reasonable attorney fees.

(b) No criminal action needs to be filed or pending resulting from the same occurrence for an award to be made under this section."

Page 1, line 15, delete "(b)" and insert "(c)"

Page 1, line 18, delete "(c)" and insert "(d)"

With the recommendation that when so amended the bill pass.

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. 793, A bill for an act relating to agriculture; updating terms of certain loan programs; abolishing the family farm security program; amending Minnesota Statutes 2008, sections 17.115, subdivision 2; 41B.039, subdivision 2; 41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b; 41B.045, subdivision 2; repealing Minnesota Statutes 2008, sections 41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58; 41.59; 41.60; 41.61; 41.62; 41.63; 41.65.

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

The report was adopted.

Eken from the Committee on Environment Policy and Oversight to which was referred:

H. F. No. 865, A bill for an act relating to natural resources; establishing a state trail; amending Minnesota Statutes 2008, section 85.015, by adding a subdivision.

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

The report was adopted.

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

H. F. No. 899, A bill for an act relating to transportation; modifying transportation goals; providing for reduction of vehicle miles traveled and greenhouse gas emissions; amending Minnesota Statutes 2008, sections 174.01, subdivisions 1, 2; 174.02, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 174.

Reported the same back with the following amendments:

Page 2, line 6, strike "throughout" and insert "to all counties in"

Page 2, delete section 3

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, delete "vehicle miles traveled and"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

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. 900, A bill for an act relating to pesticides; regulating application by railroads; amending Minnesota Statutes 2008, section 18B.07, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.

Subdivision 1. Applicability. This section applies only to common carrier railroads.

Subd. 2. Licensing requirement. A railroad company with more than 50 Minnesota resident employees that applies pesticide to its own property or to other property under its control, or that contracts with a commercial applicator to make pesticide applications to railroad property or to other property under the control of the railroad company, must have at least one Minnesota resident employee licensed as a noncommercial applicator under section 18B.35. The noncommercial applicator must be licensed at least under the core and right-of-way categories established by the commissioner under section 18B.35.

Subd. 3. Safety information. (a) In coordination with common carrier railroad companies operating in this state, the commissioner shall provide annual pesticide safety outreach opportunities for railroad employees.

(b) A common carrier railroad company that operates in this state must conduct annual employee pesticide safety training.

Subd. 4. Restricted use pesticides. A person may not directly apply a restricted use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track housing units.

Subd. 5. Misuse reporting. A railroad company or a commercial applicator hired by the railroad company to apply pesticide must report to the commissioner within four hours, or as soon as otherwise reasonably possible, any pesticide misuse known to the railroad company or commercial applicator that occurred on railroad property or to other property under the control of the railroad company. For purposes of this section, "misuse" means a pesticide application that violates subdivision 4 or any provision in section 18B.07."

Delete the title and insert:

"A bill for an act relating to pesticides; regulating application on railroad property; proposing coding for new law in Minnesota Statutes, chapter 18B."

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

The report was adopted.

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 925, A bill for an act relating to employment; expanding the official measure of unemployment.

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

The report was adopted.

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Hilty from the Energy Finance and Policy Division to which was referred:

H. F. No. 951, A bill for an act relating to energy; authorizing two or more existing municipal power agencies to form a new municipal power agency; amending Minnesota Statutes 2008, sections 453.52, subdivisions 2, 7, 8; 453.53, subdivisions 1, 2, 3, 4, 8, 9; 453.55, subdivision 13.

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

The report was adopted.

Eken from the Committee on Environment Policy and Oversight to which was referred:

H. F. No. 952, A bill for an act relating to waters; modifying membership of the Board of Water and Soil Resources; amending Minnesota Statutes 2008, section 103B.101, subdivisions 1, 2.

Reported the same back with the following amendments:

Page 1, line 9, after "15" insert "appointed"

Page 2, line 4, delete "five" and insert "four" and delete "seven" and insert "six"

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

The report was adopted.

Eken from the Committee on Environment Policy and Oversight to which was referred:

H. F. No. 955, A bill for an act relating to natural resources; renaming the Minnesota River Basin Joint Powers Board; clarifying the duties and membership of board; amending Minnesota Statutes 2008, section 103F.378.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on State and Local Government Operations Reform, Technology and Elections.

The report was adopted.

Eken from the Committee on Environment Policy and Oversight to which was referred:

H. F. No. 1031, A bill for an act relating to water; appropriating money for a comprehensive statewide sustainable water resources detailed framework.

Reported the same back with the following amendments:

Page 1, line 15, delete "current" and insert "the"

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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Mariani from the Committee on K-12 Education Policy and Oversight to which was referred:

H. F. No. 1037, A bill for an act relating to education; reducing mandates for home schools; amending Minnesota Statutes 2008, sections 120A.22, subdivisions 6, 11; 120A.24; 120A.26, subdivisions 3, 4, 5; 121A.15, subdivisions 3, 8; 123B.42, subdivision 1; 171.05, subdivision 2; 181A.05, subdivision 1; repealing Minnesota Statutes 2008, section 120A.26, subdivisions 1, 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 120A.22, subdivision 11, is amended to read:

Subd. 11. Assessment of performance. (a) Each year the performance of every child who is not enrolled in a public school must be assessed using a nationally norm-referenced standardized achievement examination or a nationally recognized college entrance exam. The superintendent of the district in which the child receives instruction and the person in charge of the child's instruction must agree about the specific examination to be used and the administration and location of the examination.

(b) To the extent the examination in paragraph (a) does not provide assessment in all of the subject areas in subdivision 9, the parent must assess the child's performance in the applicable subject area. This requirement applies only to a parent who provides instruction and does not meet the requirements of subdivision 10, clause (1), (2), or (3).

(c) If the results of the assessments in paragraphs (a) and (b) indicate that the child's performance on the total battery score is at or below the 30th percentile or one grade level below the performance level for children of the same age, the parent must obtain additional evaluation of the child's abilities and performance for the purpose of determining whether the child has learning problems.

~~(d)~~ (b) A child receiving instruction from a nonpublic school, person, or institution that is accredited by an accrediting agency, recognized according to section 123B.445, or recognized by the commissioner, is exempt from the requirements of this subdivision.

Sec. 2. Minnesota Statutes 2008, section 120A.24, is amended to read:

120A.24 REPORTING.

Subdivision 1. Reports to superintendent. The person in charge of providing instruction to a child must submit ~~the following information~~ to the superintendent of the district in which the child resides the name, birth date, and address of the child; the name of each instructor; and evidence of compliance with one of the requirements specified in section 120A.22, subdivision 10:

(1) by October 1 of ~~each~~ the first school year~~, the name, birth date, and address of each child receiving instruction~~ the child receives instruction after age seven;

~~(2) the name of each instructor and evidence of compliance with one of the requirements specified in section 120A.22, subdivision 10;~~

~~(3) an annual instructional calendar; and~~

~~Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 870~~

(4) for each child instructed by a parent who meets only the requirement of section 120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the child in each subject area required in section 120A.22, subdivision 9.

(2) within 15 days of when a parent withdraws a child from public school after age seven to homeschool;

(3) within 15 days of moving out of a district; and

(4) by October 1 after a new resident district is established.

Subd. 2. Availability of documentation. (a) The person in charge of providing instruction to a child must ~~make available~~ maintain documentation indicating that the subjects required in section 120A.22, subdivision 9, are being taught and proof that the tests under section 120A.22, subdivision 11, have been administered. This documentation must include class schedules, copies of materials used for instruction, and descriptions of methods used to assess student achievement.

(b) The parent of a child who enrolls full-time in public school after having been enrolled in a homeschool under section 120A.22, subdivision 6, must provide the enrolling public school or school district with the child's scores on any tests administered to the child under section 120A.22, subdivision 11, and other education-related documents the enrolling school or district requires to determine where the child is placed in school and what course requirements apply. This paragraph does not apply to a shared-time student who does not seek a public school diploma.

Subd. 3. Exemptions. A nonpublic school, person, or other institution that is accredited by an accrediting agency, recognized according to section 123B.445, or recognized by the commissioner, is exempt from the requirements in ~~subdivisions 1 and~~ subdivision 2~~, except for the requirement in subdivision 1, clause (1)~~.

Subd. 4. Reports to the state. A superintendent must make an annual report to the commissioner of education by December 1 of the total number of nonpublic children reported as residing in the district. ~~The report must include the following information:~~

~~(1) the number of children residing in the district attending nonpublic schools or receiving instruction from persons or institutions other than a public school;~~

~~(2) the number of children in clause (1) who are in compliance with section 120A.22 and this section; and~~

~~(3) the number of children in clause (1) who the superintendent has determined are not in compliance with section 120A.22 and this section.~~

Sec. 3. Minnesota Statutes 2008, section 120A.26, subdivision 3, is amended to read:

Subd. 3. Notice to parents. The ~~superintendent~~ county attorney in the county in which the alleged violations have occurred must notify the person who is providing instruction to a child and the parent, in writing, if there is probable cause to believe that a child is ~~alleged to be~~ not receiving instruction in ~~violation of~~ compliance with sections 120A.22 and 120A.24. The ~~written~~ notification must include ~~a list of~~ the specific alleged violations and factual basis for them.

Sec. 4. Minnesota Statutes 2008, section 120A.26, subdivision 4, is amended to read:

Subd. 4. Fact-finding and mediation. If the specified alleged violations of the compulsory attendance requirements are not corrected within 15 days of receipt of the written notification, the ~~superintendent~~ alleged violations must ~~request~~ be submitted by the county authority for fact-finding and mediation services from the commissioner.

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Sec. 5. Minnesota Statutes 2008, section 120A.26, subdivision 5, is amended to read:

Subd. 5. Notice to county attorney. If the alleged violations are not corrected through the fact-finding and mediation process under subdivision 4, the ~~superintendent~~ commissioner or the commissioner's designee must notify the county attorney of the alleged violations that merit consideration for prosecution. The ~~superintendent~~ commissioner or the commissioner's designee must notify the person who is providing instruction to a child and the parents, by certified mail, of ~~the superintendent's intent to notify the county attorney of the~~ what specific alleged violations merit consideration for prosecution.

Sec. 6. Minnesota Statutes 2008, section 121A.15, subdivision 8, is amended to read:

Subd. 8. Report. The administrator or other person having general control and supervision of the elementary or secondary school shall file a report with the commissioner on all persons enrolled in the school. The superintendent of each district shall file a report with the commissioner for all persons within the district receiving instruction in a home school in compliance with sections 120A.22 and 120A.24. The parent of persons receiving instruction in a home school shall submit the statements as required by subdivisions 1, 2, 3, and 4 to the superintendent of the district in which the person resides by October 1 of ~~each school year~~ the first year of their homeschooling and the 7th grade year. The school report must be prepared on forms developed jointly by the commissioner of health and the commissioner of education and be distributed to the local districts by the commissioner of health. The school report must state the number of persons attending the school, the number of persons who have not been immunized according to subdivision 1 or 2, and the number of persons who received an exemption under subdivision 3, clause (c) or (d). The school report must be filed with the commissioner of education within 60 days of the commencement of each new school term. Upon request, a district must be given a 60-day extension for filing the school report. The commissioner of education shall forward the report, or a copy thereof, to the commissioner of health who shall provide summary reports to boards of health as defined in section 145A.02, subdivision 2. The administrator or other person having general control and supervision of the child care facility shall file a report with the commissioner of human services on all persons enrolled in the child care facility. The child care facility report must be prepared on forms developed jointly by the commissioner of health and the commissioner of human services and be distributed to child care facilities by the commissioner of health. The child care facility report must state the number of persons enrolled in the facility, the number of persons with no immunizations, the number of persons who received an exemption under subdivision 3, clause (c) or (d), and the number of persons with partial or full immunization histories. The child care facility report must be filed with the commissioner of human services by November 1 of each year. The commissioner of human services shall forward the report, or a copy thereof, to the commissioner of health who shall provide summary reports to boards of health as defined in section 145A.02, subdivision 2. The report required by this subdivision is not required of a family child care or group family child care facility, for prekindergarten children enrolled in any elementary or secondary school provided services according to sections 125A.05 and 125A.06, nor for child care facilities in which at least 75 percent of children in the facility participate on a onetime only or occasional basis to a maximum of 45 hours per child, per month.

Sec. 7. Minnesota Statutes 2008, section 123B.42, subdivision 1, is amended to read:

Subdivision 1. Providing education materials and tests. The commissioner of education shall promulgate rules under the provisions of chapter 14 requiring that in each school year, based upon formal requests by or on behalf of nonpublic school pupils in a nonpublic school with enrollment that exceeds 15 students, the local districts or intermediary service areas must purchase or otherwise acquire textbooks, individualized instructional or cooperative learning materials, and standardized tests and loan or provide them for use by children enrolled in that nonpublic school. These textbooks, individualized instructional or cooperative learning materials, and standardized tests must be loaned or provided free to the children for the school year for which requested. The loan or provision of the textbooks, individualized instructional or cooperative learning materials, and standardized tests shall be subject to rules prescribed by the commissioner of education.

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Sec. 8. Minnesota Statutes 2008, section 123B.44, subdivision 1, is amended to read:

Subdivision 1. Provided services. The commissioner of education shall promulgate rules under the provisions of chapter 14 requiring each district or other intermediary service area: (a) to provide each year upon formal request by a specific date by or on behalf of a nonpublic school pupil enrolled in a nonpublic school located in that district or area with a total enrollment of more than 15 pupils, the same specific health services as are provided for public school pupils by the district where the nonpublic school is located; and (b) to provide each year upon formal request by a specific date by or on behalf of a nonpublic school secondary pupil enrolled in a nonpublic school located in that district or area, the same specific guidance and counseling services as are provided for public school secondary pupils by the district where the nonpublic school is located. The district where the nonpublic school is located must provide the necessary transportation within the district boundaries between the nonpublic school and a public school or neutral site for nonpublic school pupils who are provided pupil support services under this section if the district elects to provide pupil support services at a site other than the nonpublic school. Each request for pupil support services must set forth the guidance and counseling or health services requested by or on behalf of all eligible nonpublic school pupils enrolled in a given nonpublic school. No district or intermediary service area must not expend an amount for these pupil support services which exceeds the amount allotted to it under this section.

Sec. 9. Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:

Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision in subdivision 1 to the contrary, the department may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another state, has a previously issued valid license from another state, or is enrolled in either:

(i) a public, private, or commercial driver education program that is approved by the commissioner of public safety and that includes classroom and behind-the-wheel training; or

(ii) an approved behind-the-wheel driver education program when the student is receiving full-time instruction in a home school within the meaning of sections 120A.22 and 120A.24, the student is working toward a homeschool diploma, ~~the student's status as a homeschool student has been certified by the superintendent of the school district in which the student resides, and~~ the student is taking home-classroom driver training with classroom materials approved by the commissioner of public safety, and the student's parent or guardian has certified the student's homeschool and home-classroom driver training status on the form approved by the commissioner;

(2) has completed the classroom phase of instruction in the driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the applicant's knowledge of traffic laws;

(5) has completed the required application, which must be approved by (i) either parent when both reside in the same household as the minor applicant or, if otherwise, then (ii) the parent or spouse of the parent having custody or, in the event there is no court order for custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or, in the event a person under the age of 18 has no living father, mother, or guardian, or is married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close family member, or adult employer; provided, that the approval required by this clause contains a verification of the age of the applicant and the identity of the parent, guardian, adult spouse, adult close family member, or adult employer; and

(6) has paid the fee required in section 171.06, subdivision 2.

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(b) For the purposes of determining compliance with the certification of paragraph (a), clause (1), item (ii), the commissioner may request verification of a student's homeschool status from the superintendent of the school district in which the student resides and the superintendent shall provide that verification.

(c) The instruction permit is valid for two years from the date of application and may be renewed upon payment of a fee equal to the fee for issuance of an instruction permit under section 171.06, subdivision 2.

Sec. 10. Minnesota Statutes 2008, section 171.17, subdivision 1, is amended to read:

Subdivision 1. Offenses. (a) The department shall immediately revoke the license of a driver upon receiving a record of the driver's conviction of:

(1) manslaughter resulting from the operation of a motor vehicle or criminal vehicular homicide or injury under section 609.21;

(2) a violation of section 169A.20 or 609.487;

(3) a felony in the commission of which a motor vehicle was used;

(4) failure to stop and disclose identity and render aid, as required under section 169.09, in the event of a motor vehicle accident, resulting in the death or personal injury of another;

(5) perjury or the making of a false affidavit or statement to the department under any law relating to the application, ownership, or operation of a motor vehicle, including on the certification required under section 171.05, subdivision 2, clause (1), item (ii), to issue an instruction permit to a homeschool student;

(6) except as this section otherwise provides, three charges of violating within a period of 12 months any of the provisions of chapter 169 or of the rules or municipal ordinances enacted in conformance with chapter 169, for which the accused may be punished upon conviction by imprisonment;

(7) two or more violations, within five years, of the misdemeanor offense described in section 169.444, subdivision 2, paragraph (a);

(8) the gross misdemeanor offense described in section 169.444, subdivision 2, paragraph (b);

(9) an offense in another state that, if committed in this state, would be grounds for revoking the driver's license; or

(10) a violation of an applicable speed limit by a person driving in excess of 100 miles per hour. The person's license must be revoked for six months for a violation of this clause, or for a longer minimum period of time applicable under section 169A.53, 169A.54, or 171.174.

(b) The department shall immediately revoke the school bus endorsement of a driver upon receiving a record of the driver's conviction of the misdemeanor offense described in section 169.443, subdivision 7.

Sec. 11. Minnesota Statutes 2008, section 171.22, subdivision 1, is amended to read:

Subdivision 1. Violations. With regard to any driver's license, including a commercial driver's license, it shall be unlawful for any person:

(1) to display, cause or permit to be displayed, or have in possession, any fictitious or fraudulently altered driver's license or Minnesota identification card;

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(2) to lend the person's driver's license or Minnesota identification card to any other person or knowingly permit the use thereof by another;

(3) to display or represent as one's own any driver's license or Minnesota identification card not issued to that person;

(4) to use a fictitious name or date of birth to any police officer or in any application for a driver's license or Minnesota identification card, or to knowingly make a false statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any such application;

(5) to alter any driver's license or Minnesota identification card;

(6) to take any part of the driver's license examination for another or to permit another to take the examination for that person;

(7) to make a counterfeit driver's license or Minnesota identification card;

(8) to use the name and date of birth of another person to any police officer for the purpose of falsely identifying oneself to the police officer; or

(9) to display as a valid driver's license any canceled, revoked, or suspended driver's license. A person whose driving privileges have been withdrawn may display a driver's license only for identification purposes; or

(10) to submit a false affidavit or statement to the department on the certification required under section 171.05, subdivision 2, clause (1), item (ii), to issue an instruction permit to a homeschool student.

Sec. 12. Minnesota Statutes 2008, section 181A.05, subdivision 1, is amended to read:

Subdivision 1. When issued. Any minor 14 or 15 years of age who wishes to work on school days during school hours shall first secure an employment certificate. The certificate shall be issued only by the school district superintendent, the superintendent's agent, or some other person designated by the Board of Education, or by the person in charge of providing instruction for students enrolled in nonpublic schools as defined in section 120A.22, subdivision 4. The employment certificate shall be issued only for a specific position with a designated employer and shall be issued only in the following circumstances:

(1) if a minor is to be employed in an occupation not prohibited by rules promulgated under section 181A.09 and as evidence thereof presents a signed statement from the prospective employer; and

(2) if the parent or guardian of the minor consents to the employment; and

(3) if the issuing officer believes the minor is physically capable of handling the job in question and further believes the best interests of the minor will be served by permitting the minor to work.

Sec. 13. REPEALER.

Minnesota Statutes 2008, section 120A.26, subdivisions 1 and 2, are repealed."

Correct the title numbers accordingly

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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Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

H. F. No. 1047, A bill for an act relating to transportation; amending statewide goals for reduction of greenhouse gas emissions; amending Minnesota Statutes 2008, section 216H.02, subdivision 1.

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

The report was adopted.

Eken from the Committee on Environment Policy and Oversight to which was referred:

H. F. No. 1086, A bill for an act relating to natural resources; providing oversight and establishing criteria for expenditures from the parks and trails fund, outdoor heritage fund, clean water fund, and environment and natural resources trust fund; amending Minnesota Statutes 2008, sections 3.303, by adding a subdivision; 3.971, by adding a subdivision; 85.53; 97A.056, subdivisions 2, 3, 6, 7, by adding subdivisions; 114D.50; 116P.05, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 11, delete "natural resource"

Page 1, line 13, delete "Natural Resource"

Page 1, line 16, delete "for natural resources" and after the second "the" insert "arts and cultural heritage fund,"

Page 2, line 2, delete the first "and" and after the third semicolon, insert "129D.17, subdivision 2;"

Page 2, line 7, before "outdoor" insert "arts and cultural heritage fund,"

Page 3, line 8, delete "stand on its own constitutes" and insert "also be considered a single project is"

Page 3, line 10, delete ", taking into account resident access" and insert a period

Page 3, delete line 11

Page 3, line 17, after "organizations" insert ", including contact information,"

Page 6, line 28, delete ", in"

Page 6, line 29, delete "addition to special interest groups" and delete "other" and delete the comma

Page 7, line 32, delete "stand on its own constitutes" and insert "also be considered a single project is"

Page 8, line 2, delete ", taking into account resident access" and insert a period

Page 8, delete line 3

Page 8, line 5, after "organizations" insert ", including contact information,"

Page 11, line 21, delete ", taking into account resident access to" and insert a period

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Page 11, delete line 22

Page 11, line 28, after "organizations" insert ", including contact information,"

Page 12, line 12, delete "outdoor heritage" and insert "clean water"

Page 13, after line 14, insert:

"Sec. 14. Minnesota Statutes 2008, section 129D.17, is amended to read:

129D.17 ARTS AND CULTURAL HERITAGE FUND.

Subdivision 1. Establishment. The arts and cultural heritage fund is established in the Minnesota Constitution, article XI, section 15. All money earned by the fund must be credited to the fund.

Subd. 2. Expenditures; accountability. (a) A project or program receiving funding from the arts and cultural heritage fund may be spent only for arts, arts education, and arts access and to preserve Minnesota's history and cultural heritage. A project or program receiving funding from the arts and cultural heritage fund must include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the results. A project or program must be consistent with current science when appropriate and incorporate state of the art technology when appropriate.

(b) Funding must be requested and granted for an entire project, even if the project will take multiple years to complete. For the purposes of this requirement, a project that is part of a larger project and that could also be considered a single project is a single project.

(c) Biennially, money from the arts and cultural heritage fund shall be expended to balance the benefits across all regions and residents of the state.

(d) All information for funded projects, including the proposed measurable outcomes, must be made available on the Web site required under section 3.303, subdivision 10, as soon as practicable. Information on the measured outcomes and evaluation must be posted as soon as it becomes available.

(e) Grants funded by the arts and cultural heritage fund must be implemented according to section 16B.98. Proposals must specify all organizations, including contact information, that will receive any portion of a grant and specify a process for any regranting envisioned. Priority for grant proposals must be given to proposals involving grants that will be competitively awarded.

(f) A recipient of money from the arts and cultural heritage fund must display a sign on capital projects funded with money from the arts and cultural heritage fund that identifies it as a project funded with money from the vote of the people of Minnesota on November 4, 2008.

(g) All money from the arts and cultural heritage fund must be expended in Minnesota."

Amend the title as follows:

Page 1, line 2, delete "natural resources" and insert "state government"

Page 1, line 4, after the comma, insert "arts and cultural heritage fund,"

Correct the title numbers accordingly

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

The report was adopted.

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 877

Atkins from the Committee on Commerce and Labor to which was referred:

H. F. No. 1116, A bill for an act relating to employment and economic development; making technical changes; limiting certain liability; waiving certain unemployment benefit requirements for dislocated workers; expanding the authorized use of the Minnesota investment fund; modifying unemployment insurance provisions; requiring appeals to be filed online; providing for collection of fees; regulating continued request for unemployment benefits filings; providing administrative penalties; defining and clarifying terms; appropriating money; amending Minnesota Statutes 2008, sections 15.75, subdivision 5; 16B.54, subdivision 2; 84.94, subdivision 3; 116J.035, subdivision 6; 116J.401, subdivision 2; 116J.435, subdivisions 2, 3; 116J.68, subdivision 2; 116J.8731, subdivisions 2, 3; 116L.03, subdivision 5; 116L.05, subdivision 5; 116L.871, subdivision 1; 116L.96; 123A.08, subdivision 1; 124D.49, subdivision 3; 241.27, subdivision 1; 248.061, subdivision 3; 248.07, subdivisions 7, 8; 256J.626, subdivision 4; 256J.66, subdivision 1; 268.035, subdivisions 2, 17, by adding subdivisions; 268.042, subdivision 3; 268.043; 268.044, subdivision 2; 268.047, subdivisions 1, 2; 268.051, subdivisions 1, 4; 268.052, subdivision 2; 268.053, subdivision 1; 268.057, subdivisions 4, 5; 268.0625, subdivision 1; 268.066; 268.067; 268.069, subdivision 1; 268.07, subdivisions 1, 2, 3, 3b; 268.084; 268.085, subdivisions 1, 2, 3, 3a, 4, 5, 6, 15; 268.095, subdivisions 1, 2, 6, 10, 11; 268.101, subdivisions 1, 2; 268.103, subdivision 1, by adding a subdivision; 268.105, subdivisions 1, 2, 3a; 268.115, subdivision 5; 268.125, subdivision 5; 268.135, subdivision 4; 268.145, subdivision 1; 268.18, subdivisions 1, 2, 4a; 268.186; 268.196, subdivisions 1, 2; 268.199; 268.211; 268A.06, subdivision 1; 469.169, subdivision 3; 469.321, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 268; repealing Minnesota Statutes 2008, sections 116J.402; 116J.413; 116J.58, subdivision 1; 116J.59; 116J.61; 116J.656; 116L.16; 116L.88; 116U.65; 268.085, subdivision 14; 268.086; 469.329; Minnesota Rules, part 3310.2925.

Reported the same back with the following amendments:

Page 17, after line 33, insert:

"Sec. 13. Minnesota Statutes 2008, section 160.276, subdivision 8, is amended to read:

Subd. 8. Revenue. The agreement may provide that the vendor pay a portion of the gross revenues derived from advertising. These revenues must be paid to the state for deposit in the safety rest area account established in section 160.2745. The commissioner of transportation and director of ~~the Office of~~ Explore Minnesota Tourism may enter into an interagency agreement to define the distribution of the revenues generated in this subdivision and subdivisions 2a and 3a."

Pages 22 to 23, delete section 19

Page 23, line 9, before "116U.65" insert "and" and delete "; and 469.329"

Page 28, lines 24 to 27, delete the new language and reinstate the stricken language

Page 29, line 5, after "when" insert "a preponderance of the available evidence shows"

Page 29, lines 27 to 31, delete the new language and reinstate the stricken language

Page 30, line 5, reinstate the stricken semicolon and delete the period

Page 30, delete lines 6 to 8

Page 31, delete section 11

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Page 34, line 25, delete "11, 13, and 14" and insert "5, 7 to 10, 12, and 13"

Page 34, line 27, delete "12" and insert "11"

Page 34, line 28, delete "Section 15 is" and insert "Sections 6 and 14 are"

Page 34, after line 31, insert:

"Section 1. Minnesota Statutes 2008, section 268.031, is amended to read:

268.031 STANDARD OF PROOF.

All issues of fact under the Minnesota Unemployment Insurance Law are determined by a preponderance of the evidence. ~~Preponderance of the evidence means evidence in substantiation of a fact that, when weighed against the evidence opposing the fact, is more convincing and has a greater probability of truth.~~"

Page 36, after line 24, insert:

"Sec. 7. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision to read:

Subd. 20a. Preponderance of the evidence. "Preponderance of the evidence" means evidence in substantiation of a fact that, when weighed against the evidence opposing the fact, is more convincing and has a greater probability of truth."

Page 51, after line 30, insert:

"Sec. 29. Minnesota Statutes 2008, section 268.095, subdivision 4, is amended to read:

Subd. 4. Discharge. An applicant who was discharged from employment by an employer is ineligible for all unemployment benefits according to subdivision 10 only if a preponderance of the available evidence shows:

(1) the applicant was discharged because of employment misconduct as defined in subdivision 6; or

(2) the applicant was discharged because of aggravated employment misconduct as defined in subdivision 6a."

Page 54, line 34, strike ", without regard to any burden of proof"

Page 56, line 4, after the second comma, insert "and"

Page 56, line 5, strike everything after "scheduled"

Page 56, line 6, strike "certain" and insert ". The notice must set out the parties'" and after "hearing." insert "The notice must explain that the matter will be decided by the unemployment law judge based upon a preponderance of the available evidence. The notice must explain in clear and simple language the meaning of the term "preponderance of the evidence.""

Page 56, line 10, strike "without"

Page 56, line 11, strike "regard to any burden of proof" and strike "and not an adversarial"

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Page 56, line 12, strike "proceeding" and after the period, insert "At the beginning of the hearing the unemployment law judge must fully explain how the hearing will be conducted, that the matter will be decided upon a preponderance of the available evidence, and, in clear and simple language, the meaning of the term "preponderance of the evidence.""

Page 59, after line 19, insert:

"Sec. 38. Minnesota Statutes 2008, section 268.105, subdivision 4, is amended to read:

Subd. 4. Oaths; subpoenas. An unemployment law judge has authority to administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of documents and other personal property considered necessary as evidence in connection with the subject matter of an evidentiary hearing.

The unemployment law judge must give full consideration to a request for a subpoena and must not unreasonably deny a request for a subpoena. If a subpoena request is initially denied, the unemployment law judge must, on the unemployment law judge's own motion, reconsider that request during the evidentiary hearing and rule on whether the request was properly denied. If the request was not properly denied, the evidentiary hearing must be continued for issuance of the subpoena. The subpoenas are enforceable through the district court in Ramsey County. Witnesses subpoenaed, other than an involved applicant or involved employer or officers and employees of an involved employer, must be paid by the department the same witness fees as in a civil action in district court."

Page 64, line 21, delete "(a)"

Page 64, delete line 23

Page 64, line 25, delete "46" and insert "50"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, after the semicolon, insert "allowing funding for strategic investments;"

Page 1, line 8, delete "appropriating money;"

Correct the title numbers accordingly

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

The report was adopted.

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 1233, A bill for an act relating to human services; directing commissioner to rank individuals on waiting lists for developmental disabilities waivered services; amending Minnesota Statutes 2008, section 256B.49, by adding a subdivision.

Reported the same back with the following amendments:

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Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2008, section 256B.092, is amended by adding a subdivision to read:

Subd. 11. Waivered services waiting list. The commissioner shall rank the individuals on the waiting lists for developmental disabilities (DD) waivered services, as of January 1, 2010, according to their assessed needs and other priorities as determined by the commissioner, including conversions for people moving from institutions due to bed closures. When an allocation in the DD waivered service program becomes available, the allocation must be assigned to the individual with the highest assessed needs or other priority as determined by the commissioner."

Page 1, line 9, delete "developmental disabilities (DD)" and insert "CAC, CADI, and TBI"

Page 1, line 10, delete "2009" and insert "2010" and after "needs" insert "and other priorities as determined by the commissioner, including conversions for people moving from institutions due to bed closures" and delete "a slot" and insert "an allocation" and delete "DD" and insert "CAC, CADI, or TBI"

Page 1, line 11, delete "slot" and insert "allocation"

Page 1, line 12, after "needs" insert "or other priority as determined by the commissioner"

Renumber the sections in sequence

Correct the title numbers accordingly

Amend the title as follows:

Page 1, line 3, delete "developmental disabilities" and insert "certain"

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

The report was adopted.

Eken from the Committee on Environment Policy and Oversight to which was referred:

H. F. No. 1237, A bill for an act relating to natural resources; modifying state park permit requirements; modifying authority to operate state monuments and establish secondary units; eliminating liquor service at John A. Latsch State Park; providing for establishment of boater waysides; modifying watercraft operation requirements; providing for appeals and enforcement of certain civil penalties; providing for taking wild animals to protect public safety; providing for notice of changes to public waters inventory; modifying critical habitat plate eligibility; amending Minnesota Statutes 2008, sections 85.053, subdivision 3; 85.054, by adding subdivisions; 85.21; 86A.05, by adding a subdivision; 86A.08, subdivision 1; 86A.09, subdivision 1; 86B.311, by adding a subdivision; 97A.321; 103G.201; 168.1296, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2008, section 85.0505, subdivision 2.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 84.105, is amended to read:

84.105 WILD RICE SEASON.

Ripe wild rice may be harvested from ~~July~~ August 15 to September 30.

Sec. 2. Minnesota Statutes 2008, section 84.66, subdivision 2, is amended to read:

Subd. 2. Definitions. For the purpose of this section, the following terms have the meanings given:

(1) "forest land" has the meaning given under section 89.001, subdivision 4;

(2) "forest resources" has the meaning given under section 89.001, subdivision 8;

(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;

(4) "riparian land" has the meaning given under section 103F.511, subdivision 8a 8b; and

(5) "working forest land" means land that provides a broad range of goods and services, including forest products, recreation, fish and wildlife habitat, clean air and water, and carbon sequestration.

Sec. 3. Minnesota Statutes 2008, section 84.92, subdivision 8, is amended to read:

Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a motorized flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement of less than ~~800~~ 900 cubic centimeters and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.

Sec. 4. Minnesota Statutes 2008, section 85.053, subdivision 3, is amended to read:

Subd. 3. ~~Second vehicle~~ Multiple-vehicle permits. The commissioner shall prescribe and issue ~~second vehicle~~ multiple-vehicle state park permits for persons who own more than one motor vehicle and who request ~~a second~~ the permit for ~~the second vehicle~~ additional vehicles on a form prescribed by the commissioner. ~~The commissioner may issue an applicant only one second vehicle permit.~~

Sec. 5. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision to read:

Subd. 15. John A. Latsch State Park. A state park permit is not required and a fee may not be charged for motor vehicle entry or parking at the parking lot located adjacent to John Latsch Road and Trunk Highway 61 at John A. Latsch State Park.

Sec. 6. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision to read:

Subd. 16. Greenleaf Lake State Recreation Area. A state park permit is not required and a fee may not be charged for motor vehicle entry or parking at Greenleaf Lake State Recreation Area.

Sec. 7. Minnesota Statutes 2008, section 85.054, is amended by adding a subdivision to read:

Subd. 17. School-sanctioned activities. A state park permit is not required and a fee may not be charged for vehicles transporting K-12 students engaged in school district sanctioned activities at state parks.

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Sec. 8. Minnesota Statutes 2008, section 86A.05, is amended by adding a subdivision to read:

Subd. 15. State boater wayside. (a) Boater waysides may be established to provide for public use.

(b) No unit shall be authorized as a state boater wayside unless its proposed location substantially satisfies the following criteria:

(1) contains resources that are desirable for use by boaters;

(2) is accessible by persons traveling by boat, canoe, or kayak; and

(3) may be near, associated with, or located within a unit of the outdoor recreation system under this section.

(c) State boater waysides shall be administered by the commissioner of natural resources in a manner that is consistent with the purpose of this subdivision. Facilities for sanitation, picnicking, overnight mooring, camping, fishing, and swimming may be provided when the commissioner determines that these activities are justifiable and compatible with the resources and the natural environment.

Sec. 9. Minnesota Statutes 2008, section 86A.08, subdivision 1, is amended to read:

Subdivision 1. Secondary authorization; when permitted. A unit of the outdoor recreation system may be authorized wholly or partially within the boundaries of another unit only when the authorization is consistent with the purposes and objectives of the respective units. ~~and only in the instances permitted below:~~

(a) The following units may be authorized wholly or partially within a state park: historic site, scientific and natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic management area, and water access site.

(b) The following units may be authorized wholly or partially within a state recreation area: historic site, scientific and natural area, wild, scenic, and recreational river, trail, rest area, aquatic management area, wildlife management area, and water access site.

(c) The following units may be authorized wholly or partially within a state forest: state park, state recreation area, historic site, wildlife management area, scientific and natural area, wilderness area, wild, scenic, and recreational river, trail, rest area, aquatic management area, and water access site.

~~(d) The following units may be authorized wholly or partially within a state historic site: wild, scenic, and recreational river, trail, rest area, aquatic management area, and water access site.~~

~~(e) The following units may be authorized wholly or partially within a state wildlife management area: state water access site and aquatic management area.~~

(f) The following units may be authorized wholly or partially within a state wild, scenic, or recreational river: state park, historic site, scientific and natural area, wilderness area, trail, rest area, aquatic management area, and water access site.

~~(g) The following units may be authorized wholly or partially within a state rest area: historic site, trail, wild, scenic, and recreational river, aquatic management area, and water access site.~~

(h) The following units may be authorized wholly or partially within an aquatic management area: historic site, scientific and natural area, wild, scenic, and recreational river, and water access site.

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Sec. 10. Minnesota Statutes 2008, section 86A.09, subdivision 1, is amended to read:

Subdivision 1. Master plan required. No construction of new facilities or other development of an authorized unit, other than repairs and maintenance, shall commence until the managing agency has prepared and submitted to the commissioner of natural resources and the commissioner has reviewed, pursuant to this section, a master plan for administration of the unit in conformity with this section. No master plan is required for wildlife management areas that do not have resident managers, for water access sites, for aquatic management areas, or for rest areas, or for boater waysides.

Sec. 11. Minnesota Statutes 2008, section 86B.311, is amended by adding a subdivision to read:

Subd. 6. Law enforcement watercraft displaying emergency lights. When approaching and passing a law enforcement watercraft with its emergency lights activated, the operator of a watercraft must safely move the watercraft away from the law enforcement watercraft and maintain a slow-no wake speed while within 150 feet of the law enforcement watercraft.

Sec. 12. Minnesota Statutes 2008, section 97A.321, is amended to read:

97A.321 DOGS PURSUING OR KILLING BIG GAME.

Subdivision 1. Owner responsibility; penalty amount. The owner of a dog that pursues but does not kill a big game animal is subject to a civil penalty of $100 for each violation. The owner of a dog that kills a big game animal is subject to a civil penalty of $500 for each violation.

Subd. 2. Appeals. Civil penalties under this section may be appealed according to procedures in section 116.072, subdivision 6, if the person requests a hearing by notifying the commissioner in writing within 15 days after receipt of the citation. If a hearing is not requested within the 15-day period, the civil penalty becomes a final order not subject to further review.

Subd. 3. Enforcement. Civil penalties under this section may be enforced according to section 116.072, subdivisions 9 and 10.

Subd. 4. Payment of penalty. Penalty amounts shall be remitted to the commissioner within 30 days of issuance of the penalty notice and shall be deposited in the game and fish fund.

Sec. 13. [97B.657] TAKING WILD ANIMALS TO PROTECT PUBLIC SAFETY.

A licensed peace officer may, at any time, take any protected wild animal that is posing an immediate threat to public safety. A peace officer who destroys a protected wild animal under this section must report the taking to a conservation officer as soon as practicable, but no later than 48 hours after the animal is destroyed.

Sec. 14. Minnesota Statutes 2008, section 103B.101, subdivision 1, is amended to read:

Subdivision 1. Membership. The Board of Water and Soil Resources is composed of 12 15 appointed members knowledgeable of water and soil problems and conditions within the state and five ex officio members.

Sec. 15. Minnesota Statutes 2008, section 103B.101, subdivision 2, is amended to read:

Subd. 2. Voting members. (a) The members are:

(1) three county commissioners;

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(2) three soil and water conservation district supervisors;

(3) three watershed district or watershed management organization representatives;

(4) three citizens who are not employed by, or the appointed or elected officials of, a governmental office, board, or agency;

(5) one township officer;

(6) two elected city officials, one of whom must be from a city located in the metropolitan area, as defined under section 473.121, subdivision 2;

~~(5)~~ (7) the commissioner of agriculture;

~~(6)~~ (8) the commissioner of health;

~~(7)~~ (9) the commissioner of natural resources;

~~(8)~~ (10) the commissioner of the Pollution Control Agency; and

~~(9)~~ (11) the director of the University of Minnesota Extension Service.

(b) Members in paragraph (a), clauses (1) to ~~(4)~~ (6), must be distributed across the state with at least ~~three~~ four members but not more than ~~five~~ six members from the metropolitan area, as defined by section 473.121, subdivision 2; and one from each of the current soil and water conservation administrative regions.

(c) Members in paragraph (a), clauses (1) to ~~(4)~~ (6), are appointed by the governor. In making the appointments, the governor may consider persons recommended by the Association of Minnesota Counties, the Minnesota Association of Townships, the League of Minnesota Cities, the Minnesota Association of Soil and Water Conservation Districts, and the Minnesota Association of Watershed Districts. The list submitted by an association must contain at least three nominees for each position to be filled.

(d) The membership terms, compensation, removal of members and filling of vacancies on the board for members in paragraph (a), clauses (1) to ~~(4)~~ (6), are as provided in section 15.0575.

Sec. 16. Minnesota Statutes 2008, section 103B.3369, subdivision 5, is amended to read:

Subd. 5. Financial assistance. A base grant may be awarded to a county that ~~levies~~ provides a match utilizing a water implementation tax or other local source. A water implementation tax that a county intends to use as a match to the base grant must be levied at a rate~~, which shall be~~ determined by the board. The minimum amount of the water implementation tax shall be a tax rate times the adjusted net tax capacity of the county for the preceding year. The rate shall be the rate, rounded to the nearest .001 of a percent, that, when applied to the adjusted net tax capacity for all counties, raises the amount of $1,500,000. The base grant will be in an amount equal to $37,500 less the amount raised by ~~that levy~~ the local match. If the amount necessary to implement the local water plan for the county is less than $37,500, the amount of the base grant shall be the amount that, when added to the ~~levy~~ match amount, equals the amount required to implement the plan. For counties where the tax rate generates an amount equal to or greater than $18,750, the base grant shall be in an amount equal to $18,750.

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Sec. 17. Minnesota Statutes 2008, section 103F.505, is amended to read:

103F.505 PURPOSE AND POLICY.

It is the purpose of sections 103F.505 to 103F.531 to ~~keep~~ restore certain marginal agricultural land ~~out of crop production~~ and protect environmentally sensitive areas to ~~protect~~ enhance soil and water quality, minimize damage to flood-prone areas, sequester carbon, and support native plant, fish, and wildlife ~~habitat~~ habitats. It is state policy to encourage the restoration of wetlands and riparian lands and promote the retirement of marginal, highly erodible land, particularly land adjacent to public waters, drainage systems, wetlands, and locally designated priority waters~~, from crop production and to reestablish a cover of perennial vegetation~~.

Sec. 18. Minnesota Statutes 2008, section 103F.511, subdivision 5, is amended to read:

Subd. 5. Drained wetland. "Drained wetland" means a former natural wetland that has been altered by draining, dredging, filling, leveling, or other manipulation sufficient to render the land suitable for agricultural crop production. ~~The alteration must have occurred before December 23, 1985, and must be a legal alteration as determined by the commissioner of natural resources.~~

Sec. 19. Minnesota Statutes 2008, section 103F.511, is amended by adding a subdivision to read:

Subd. 8a. Reinvest in Minnesota reserve program. "Reinvest in Minnesota reserve program" means the program established under section 103F.515.

Sec. 20. Minnesota Statutes 2008, section 103F.511, subdivision 8a, is amended to read:

Subd. 8a 8b. Riparian land. "Riparian land" means lands adjacent to public waters, drainage systems, wetlands, or locally designated priority waters ~~identified in a comprehensive local water plan, as defined in section 103B.3363, subdivision 3~~.

Sec. 21. Minnesota Statutes 2008, section 103F.515, subdivision 1, is amended to read:

Subdivision 1. Establishment of program. The board, in consultation with the commissioner of agriculture and the commissioner of natural resources, shall establish and administer ~~a conservation~~ the reinvest in Minnesota reserve program. The board shall implement sections 103F.505 to 103F.531. Selection of land for the ~~conservation~~ reinvest in Minnesota reserve program must be based on its enhancement potential for fish ~~and~~, wildlife ~~production~~, and native plant habitats, reducing erosion, and protecting water quality.

Sec. 22. Minnesota Statutes 2008, section 103F.515, subdivision 2, is amended to read:

Subd. 2. Eligible land. (a) Land may be placed in the ~~conservation~~ reinvest in Minnesota reserve program if the land meets the requirements of paragraphs (b) and (c).

(b) Land is eligible if the land:

(1) is marginal agricultural land;

(2) is adjacent to marginal agricultural land and is either beneficial to resource protection or necessary for efficient recording of the land description;

(3) consists of a drained wetland;

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(4) is land that with a windbreak or water quality improvement practice would be beneficial to resource protection;

(5) is land in a sensitive groundwater area;

(6) is riparian land;

(7) is cropland or noncropland adjacent to restored wetlands to the extent of up to four acres of cropland or one acre of noncropland for each acre of wetland restored;

(8) is a woodlot on agricultural land;

(9) is abandoned building site on agricultural land, provided that funds are not used for compensation of the value of the buildings; or

(10) is land ~~on a hillside~~ used for pasture that is marginal in nature.

(1) be owned by the landowner, or a parent or other blood relative of the landowner, for at least one year before the date of application;

(2) be at least five acres in size, except for a drained wetland area, riparian area, windbreak, woodlot, or abandoned building site, or be a whole field ~~as defined by the United States Agricultural Stabilization and Conservation Services~~;

(3) not be set aside, enrolled or diverted under another federal or state government program unless enrollment in the ~~conservation~~ reinvest in Minnesota reserve program would provide additional conservation benefits or a longer term of enrollment than under the current federal or state program; and

(4) have been in agricultural crop production for at least two of the last five years before the date of application, except drained wetlands, riparian lands, woodlots, abandoned building sites, environmentally sensitive areas, or land ~~on a hillside~~ used for pasture.

~~(d) In selecting drained wetlands for enrollment in the program, the highest priority must be given to wetlands with a cropping history during the period 1976 to 1985.~~

~~(e)~~ (d) In selecting land for enrollment in the program, highest priority must be given to permanent easements that are consistent with the purposes stated in section 103F.505.

Sec. 23. Minnesota Statutes 2008, section 103F.515, subdivision 4, is amended to read:

Subd. 4. Nature of property rights acquired. (a) A conservation easement must prohibit:

(1) alteration of wildlife habitat and other natural features, unless specifically approved by the board;

(2) agricultural crop production and livestock grazing, unless specifically approved by the board for ~~wildlife~~ conservation management purposes; and

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(3) grazing of livestock except, for agreements entered before the effective date of Laws 1990, chapter 391, grazing of livestock may be allowed only if approved by the board after consultation with the commissioner of natural resources, in the case of severe drought, or a local emergency declared under section 12.29; and

~~(4)~~ (3) spraying with chemicals or mowing, except:

(i) as necessary to comply with noxious weed control laws or;

(ii) for emergency control of pests necessary to protect public health; or

(iii) as approved by the board for conservation management purposes.

(b) A conservation easement is subject to the terms of the agreement provided in subdivision 5.

(c) A conservation easement must allow repairs, improvements, and inspections necessary to maintain public drainage systems provided the easement area is restored to the condition required by the terms of the conservation easement.

Sec. 24. Minnesota Statutes 2008, section 103F.515, subdivision 5, is amended to read:

Subd. 5. Agreements by landowner. The board may enroll eligible land in the ~~conservation~~ reinvest in Minnesota reserve program by signing an agreement in recordable form with a landowner in which the landowner agrees:

(1) to convey to the state a conservation easement that is not subject to any prior title, lien, or encumbrance;

(2) to seed the land subject to the conservation easement, as specified in the agreement, to establish and maintain perennial cover of either a grass-legume mixture or native grasses for the term of the easement, at seeding rates determined by the board; or to plant trees or carry out other long-term capital improvements approved by the board for soil and water conservation or wildlife management;

(3) to convey to the state a permanent easement for the wetland restoration;

(4) that other land supporting natural vegetation owned or leased as part of the same farm operation at the time of application, if it supports natural vegetation or and has not been used in agricultural crop production, will not be converted to agricultural crop production or pasture; and

(5) that the easement duration may be lengthened through mutual agreement with the board in consultation with the commissioners of agriculture and natural resources if they determine that the changes effectuate the purpose of the program or facilitate its administration.

Sec. 25. Minnesota Statutes 2008, section 103F.515, subdivision 6, is amended to read:

Subd. 6. Payments for conservation easements and establishment of ~~cover~~ conservation practices. (a) The board ~~must make the following~~ shall establish rates for payments to the landowner for the conservation easement and ~~agreement:~~ related practices. The board shall consider market factors, including the township average equalized estimated market value of property as established by the commissioner of revenue at the time of easement application.

~~(1) to establish the perennial cover or other improvements required by the agreement:~~

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(i) except as provided in items (ii) and (iii), up to 75 percent of the total eligible cost not to exceed $125 per acre for limited duration easements and 100 percent of the total eligible cost not to exceed $150 per acre for perpetual easements;

(ii) for native species restoration, 75 percent of the total eligible cost not to exceed $200 per acre for limited duration easements and 100 percent of the total eligible cost not to exceed $300 per acre for perpetual easements; and

~~(iii) 100 percent of the total eligible cost of wetland restoration not to exceed $600 per acre;~~

(2) for the cost of planting trees required by the agreement, up to 75 percent of the total eligible cost not to exceed $250 per acre for limited duration easements, and 100 percent of the total eligible cost not to exceed $400 per acre for perpetual easements;

(3) for a permanent easement, 70 percent of the township average equalized estimated market value of agricultural property as established by the commissioner of revenue at the time of easement application;

(4) for an easement of limited duration, 90 percent of the present value of the average of the accepted bids for the federal conservation reserve program, as contained in Public Law 99-198, in the relevant geographic area and on bids accepted at the time of easement application; or

~~(5) an alternative payment system for easements based on cash rent or a similar system as may be determined by the board.~~

~~(b) For hillside pasture conservation easements, the payments to the landowner in paragraph (a) for the conservation easement and agreement must be reduced to reflect the value of similar property.~~

~~(c)~~ (b) The board may establish a payment system for flowage easements acquired under this section.

~~(d)~~ (c) For wetland restoration projects involving more than one conservation easement, state payments for restoration costs may exceed the limits set ~~forth in this section~~ by the board for an individual easement provided the total payment for the restoration project does not exceed the amount payable for the total number of acres involved.

~~(e)~~ (d) The board may use available nonstate funds to exceed the payment limits in this section.

Sec. 26. Minnesota Statutes 2008, section 103F.521, subdivision 1, is amended to read:

Subdivision 1. Cooperation. In implementing sections 103F.505 to 103F.531, the board must share information and cooperate with the Department of Agriculture, the Department of Natural Resources, the Pollution Control Agency, the United States Fish and Wildlife Service, ~~the Agricultural Stabilization and Conservation Service and Soil Conservation Service of~~ the United States Department of Agriculture, the Minnesota Extension Service, the University of Minnesota, county boards, soil and water conservation districts, watershed districts, and interested private organizations and individuals.

Sec. 27. Minnesota Statutes 2008, section 103F.525, is amended to read:

103F.525 SUPPLEMENTAL PAYMENTS ON FEDERAL AND STATE CONSERVATION PROGRAMS.

The board may supplement payments made under federal land retirement programs to the extent of available appropriations ~~other than bond proceeds~~. The supplemental payments must be used to establish perennial cover on land enrolled or increase payments for land enrollment in programs approved by the board~~, including the federal conservation reserve program and federal and state water bank program~~.

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Sec. 28. Minnesota Statutes 2008, section 103F.526, is amended to read:

103F.526 FOOD PLOTS ~~IN WINDBREAKS~~.

The board~~, in cooperation with the commissioner of natural resources,~~ may authorize wildlife food plots on land ~~with windbreaks~~ enrolled in a conservation easement under section 103F.515.

Sec. 29. Minnesota Statutes 2008, section 103F.531, is amended to read:

103F.531 RULEMAKING.

The board may adopt rules or policy to implement sections 103F.505 to 103F.531. ~~The rules must include standards for tree planting so that planting does not conflict with existing electrical lines, telephone lines, rights-of-way, or drainage ditches.~~

Sec. 30. Minnesota Statutes 2008, section 103F.535, subdivision 5, is amended to read:

Subd. 5. Release and alteration of conservation easements. Conservation easements ~~existing under this section, as of April 30, 1992,~~ may be altered, released, or terminated by the board ~~of Water and Soil Resources~~ after consultation with the commissioners of agriculture and natural resources. The board may alter, release, or terminate a conservation easement only if the board determines that the public interest and general welfare are better served by the alteration, release, or termination.

Sec. 31. Minnesota Statutes 2008, section 103G.201, is amended to read:

103G.201 PUBLIC WATERS INVENTORY.

(a) The commissioner shall ~~prepare~~ maintain a public waters inventory map of each county that shows the waters of this state that are designated as public waters under the public waters inventory and classification procedures prescribed under Laws 1979, chapter 199, and shall provide access to a copy of the maps and lists. ~~The~~ As county public waters inventory ~~map for each county must be filed with~~ maps and lists are revised according to this section, the commissioner shall send a notification or a copy of the maps and lists to the auditor of ~~the~~ each affected county.

(b) The commissioner is authorized to revise the list of public waters established under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify public waters wetlands as public waters if:

(1) they are assigned a shoreland management classification by the commissioner under sections 103F.201 to 103F.221;

(2) they are classified as lacustrine wetlands or deepwater habitats according to Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al., 1979 edition); or

(3) the state or federal government has become titleholder to any of the beds or shores of the public waters wetlands, subsequent to the preparation of the public waters inventory map filed with the auditor of the county, pursuant to paragraph (a), and the responsible state or federal agency declares that the water is necessary for the purposes of the public ownership.

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(c) The commissioner must provide notice of the reclassification to the local government unit, the county board, the watershed district, if one exists for the area, and the soil and water conservation district. Within 60 days of receiving notice from the commissioner, a party required to receive the notice may provide a resolution stating objections to the reclassification. If the commissioner receives an objection from a party required to receive the notice, the reclassification is not effective. If the commissioner does not receive an objection from a party required to receive the notice, the reclassification of a wetland under paragraph (b) is effective 60 days after the notice is received by all of the parties.

(d) The commissioner shall give priority to the reclassification of public waters wetlands that are or have the potential to be affected by public works projects.

(e) The commissioner may revise the public waters inventory map and list of each county:

(1) to reflect the changes authorized in paragraph (b); and

(2) as needed, to:

(i) correct errors in the original inventory;

(ii) add or subtract trout stream tributaries within sections that contain a designated trout stream following written notice to the landowner;

(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 50 acres and the shoreland has been zoned for residential development; and

(iv) add or subtract public waters that have been created or eliminated as a requirement of a permit authorized by the commissioner under section 103G.245.

Sec. 32. Minnesota Statutes 2008, section 168.1296, subdivision 1, is amended to read:

Subdivision 1. General requirements and procedures. (a) The commissioner shall issue critical habitat plates to an applicant who:

(1) is a registered owner of a passenger automobile, one-ton pickup truck or recreational vehicle;

(2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

(3) pays the registration tax required under section 168.013;

(4) pays the fees required under this chapter;

(5) contributes a minimum of $30 annually to the Minnesota critical habitat private sector matching account established in section 84.943; and

(6) complies with this chapter and rules governing registration of motor vehicles and licensing of drivers.

(b) The critical habitat plate application must indicate that the annual contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the plate and that the applicant may make an additional contribution to the account.

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(c) Owners of one-ton pickup trucks or recreational vehicles under paragraph (a), clause (1), ~~are~~ may be eligible ~~only~~ for special critical habitat license plates ~~for which the designs are selected under subdivision 2,~~ on or after January 1, ~~2006~~ 2012.

(d) Special critical habitat license plates~~, the designs for which are selected under subdivision 2, on or after January 1, 2006,~~ may be personalized according to section 168.12, subdivision 2a, on or after January 1, 2012.

Sec. 33. REVISOR'S INSTRUCTION.

The revisor of statutes shall change the term "conservation reserve program" to "reinvest in Minnesota reserve program" wherever it appears in Minnesota Statutes, sections 84.95, subdivision 2; 92.70, subdivision 1; and 103H.105.

Sec. 34. REPEALER.

(a) Minnesota Statutes 2008, sections 85.0505, subdivision 2; 103F.511, subdivision 4; and 103F.521, subdivision 2, are repealed.

(b) Minnesota Rules, parts 8400.3000; 8400.3030, subparts 1, 2, 3a, 4, 5, 6, 6a, 9, 10, 10a, 10b, 11, 11a, 14, 15, 17, 17a, 17b, 19, 20, 20a, 20b, 23, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 32, 33, 33a, 33b, 36, 36a, 39a, 39b, 39c, 40, 42, 42a, 43, 43a, 44, 45, 46, 47a, and 48; 8400.3060; 8400.3110; 8400.3130; 8400.3160; 8400.3200; 8400.3210; 8400.3230; 8400.3260; 8400.3300; 8400.3330; 8400.3360; 8400.3390; 8400.3400; 8400.3460; 8400.3500; 8400.3530, subparts 1, 2, and 2a; 8400.3560; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800; 8400.3830; 8400.3870; and 8400.3930, subparts 1, 2, and 3, are repealed."

Delete the title and insert:

"A bill for an act relating to natural resources; modifying wild rice season; modifying certain definitions; modifying state park permit requirements; modifying authority to establish secondary units; eliminating liquor service at John A. Latsch State Park; providing for establishment of boater waysides; modifying watercraft operation requirements; providing for appeals and enforcement of certain civil penalties; providing for taking wild animals to protect public safety; modifying Board of Water and Soil Resources membership; modifying local water program; modifying Reinvest in Minnesota Resources Law; modifying certain easement authority; providing for notice of changes to public waters inventory; modifying critical habitat plate eligibility; modifying cost-share program; amending Minnesota Statutes 2008, sections 84.105; 84.66, subdivision 2; 84.92, subdivision 8; 85.053, subdivision 3; 85.054, by adding subdivisions; 86A.05, by adding a subdivision; 86A.08, subdivision 1; 86A.09, subdivision 1; 86B.311, by adding a subdivision; 97A.321; 103B.101, subdivisions 1, 2; 103B.3369, subdivision 5; 103F.505; 103F.511, subdivisions 5, 8a, by adding a subdivision; 103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521, subdivision 1; 103F.525; 103F.526; 103F.531; 103F.535, subdivision 5; 103G.201; 168.1296, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2008, sections 85.0505, subdivision 2; 103F.511, subdivision 4; 103F.521, subdivision 2; Minnesota Rules, parts 8400.3000; 8400.3030, subparts 1, 2, 3a, 4, 5, 6, 6a, 9, 10, 10a, 10b, 11, 11a, 14, 15, 17, 17a, 17b, 19, 20, 20a, 20b, 23, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 32, 33, 33a, 33b, 36, 36a, 39a, 39b, 39c, 40, 42, 42a, 43, 43a, 44, 45, 46, 47a, 48; 8400.3060; 8400.3110; 8400.3130; 8400.3160; 8400.3200; 8400.3210; 8400.3230; 8400.3260; 8400.3300; 8400.3330; 8400.3360; 8400.3390; 8400.3400; 8400.3460; 8400.3500; 8400.3530, subparts 1, 2, 2a; 8400.3560; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800; 8400.3830; 8400.3870; 8400.3930, subparts 1, 2, 3."

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

The report was adopted.

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Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

H. F. No. 1239, A bill for an act relating to human services; changing eligibility for group residential housing; amending Minnesota Statutes 2008, section 256I.04, subdivision 1.

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

The report was adopted.

Hornstein from the Transportation and Transit Policy and Oversight Division to which was referred:

H. F. No. 1250, A bill for an act relating to transportation; regulating electric vehicle infrastructure; establishing incentives for adoption and use of electric vehicles; amending Minnesota Statutes 2008, sections 116D.04, by adding a subdivision; 160.93, subdivisions 4, 5, by adding a subdivision; 169.011, by adding subdivisions; 216B.02, subdivision 4; 326B.106, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 325F; 471.

Reported the same back with the following amendments:

Pages 1 to 3, delete sections 2 to 4

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 Energy Finance and Policy Division.

The report was adopted.

Thissen from the Committee on Health Care and Human Services Policy and Oversight to which was referred:

S. F. No. 594, A bill for an act relating to occupational safety and health; requiring safe patient handling plans in clinical settings; amending Minnesota Statutes 2008, sections 182.6551; 182.6552, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 182.

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

The report was adopted.

Pelowski from the Committee on State and Local Government Operations Reform, Technology and Elections reported on the following appointment which had been referred to the committee by the Speaker:

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

John J. Scanlon

Reported the same back with the recommendation that the appointment be confirmed.

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Pelowski moved that the report of the Committee on State and Local Government Operations Reform, Technology and Elections relating to the appointment of John J. Scanlon to the Campaign Finance and Public Disclosure Board be adopted. The motion prevailed and the report was adopted.

CONFIRMATION

Pelowski moved that the House, having advised, do now consent to and confirm the appointment of John J. Scanlon, 75 Upper Afton Terrace, Saint Paul, Minnesota 55106, in the county of Ramsey, effective October 6, 2008, to complete a four-year term that expires on January 4, 2010. The motion prevailed and the appointment of John J. Scanlon was confirmed by the House.

SECOND READING OF HOUSE BILLS

H. F. Nos. 384, 534, 668, 731, 899 and 951 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 401 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Hornstein, Hausman, Lieder, Nelson and McFarlane introduced:

H. F. No. 1705, A bill for an act relating to transportation; requiring inclusion of bicycle and pedestrian accommodations as part of trunk highway bridge improvement program; amending Minnesota Statutes 2008, section 165.14, subdivisions 3, 4, 5.

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

Rukavina and Sertich introduced:

H. F. No. 1706, A bill for an act relating to capital improvements; appropriating money for renovation of the Miners Memorial in Virginia; authorizing the sale and issuance of state bonds.

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

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Otremba and Hamilton introduced:

H. F. No. 1707, A bill for an act relating to health; appropriating money for the rural pharmacy planning and transition grant program.

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

Hosch introduced:

H. F. No. 1708, A bill for an act relating to human services; amending mental health provisions; changing medical assistance reimbursement and eligibility; changing provider qualification and training requirements; amending mental health behavioral aide services; adding an excluded service; amending Minnesota Statutes 2008, sections 148C.11, subdivision 1; 245.4885, subdivision 1; 256B.0615, subdivisions 1, 3; 256B.0622, subdivision 8, by adding a subdivision; 256B.0623, subdivision 5; 256B.0624, subdivision 8; 256B.0625, subdivision 49; 256B.0943, subdivisions 1, 2, 4, 5, 6, 7, 9; 256B.0944, subdivision 5.

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

Hosch introduced:

H. F. No. 1709, A bill for an act relating to human services; changing child welfare provisions; amending Minnesota Statutes 2008, sections 13.46, subdivision 2; 256.01, subdivision 14b; 259.52, subdivisions 2, 6; 260.012; 260.93; 260B.007, subdivision 7; 260B.157, subdivision 3; 260B.198, subdivision 1; 260C.007, subdivisions 18, 25; 260C.151, subdivisions 1, 2, 3, by adding a subdivision; 260C.163, by adding a subdivision; 260C.175, subdivision 1; 260C.176, subdivision 1; 260C.178, subdivisions 1, 3; 260C.201, subdivisions 1, 3, 5, 11; 260C.209, subdivision 3; 260C.212, subdivisions 1, 2, 4, 4a, 5, 7; 260D.02, subdivision 5; 260D.03, subdivision 1; 260D.07; 484.76, subdivision 2; Laws 2008, chapter 361, article 6, section 58; proposing coding for new law in Minnesota Statutes, chapter 260C; repealing Minnesota Statutes 2008, section 260C.209, subdivision 4.

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

Hilstrom, Hortman and Dittrich introduced:

H. F. No. 1710, A bill for an act relating to education; appropriating money to provide a grant to the Northwest Hennepin Family Center in Brooklyn Center.

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

Jackson introduced:

H. F. No. 1711, A bill for an act relating to capital improvements; authorizing the sale and issuance of state bonds; appropriating money to replace and rehabilitate local bridges.

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

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Jackson, Persell, Ward, Gunther, Dill, Doty, Olin, Howes, Urdahl, Cornish, Rosenthal, McNamara and Torkelson introduced:

H. F. No. 1712, A bill for an act relating to game and fish; providing free angling licenses for residents 90 years of age or older; amending Minnesota Statutes 2008, section 97A.441, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

Abeler and Hilstrom introduced:

H. F. No. 1713, A bill for an act relating to licensing examinations; prohibiting certain practices in preparation for a radiologic technology examination; establishing penalties; amending Minnesota Statutes 2008, section 144.121, by adding a subdivision.

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

Paymar; Mariani; Johnson; Thao; Hausman; Davids; Solberg; Mahoney; Kelliher; Carlson; Murphy, E.; Lesch and Lanning introduced:

H. F. No. 1714, A bill for an act relating to capital improvements; appropriating money for the Ordway Center for the Performing Arts; authorizing the sale and issuance of state bonds.

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

Emmer, Holberg, Drazkowski, Scott, Sanders, Gottwalt, Kelly, Kiffmeyer and Zellers introduced:

H. F. No. 1715, A bill for an act relating to health; repealing requirement related to submission of encounter data; repealing Minnesota Statutes 2008, section 62U.04, subdivision 4.

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

Emmer, Holberg, Drazkowski, Scott, Sanders and Zellers introduced:

H. F. No. 1716, A bill for an act relating to health; repealing certain payment reform and quality measurement requirements; repealing Minnesota Statutes 2008, sections 62U.02; 62U.04.

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

Atkins introduced:

H. F. No. 1717, A bill for an act relating to commerce; regulating motor vehicle sales and distribution; amending Minnesota Statutes 2008, sections 80E.03, by adding a subdivision; 80E.09, subdivisions 1, 3; 80E.12; 80E.135; 80E.14, by adding a subdivision.

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

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Clark, Mariani, Newton, Hornstein, Bly, Lieder and Paymar introduced:

H. F. No. 1718, A bill for an act relating to transportation; modifying application procedures and requirements for driver's license; amending Minnesota Statutes 2008, section 171.06, subdivision 3; repealing Minnesota Rules, part 7410.0410.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Atkins introduced:

H. F. No. 1719, A bill for an act relating to insurance; regulating viatical settlements; enacting and modifying the Viatical Settlements Model Act of the National Association of Insurance Commissions; providing criminal penalties; amending Minnesota Statutes 2008, sections 13.716, subdivision 7; 60A.964, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 60A; repealing Minnesota Statutes 2008, sections 60A.961; 60A.962; 60A.963; 60A.965; 60A.966; 60A.967; 60A.968; 60A.969; 60A.970; 60A.971; 60A.972; 60A.973; 60A.974.

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

Huntley introduced:

H. F. No. 1720, A bill for an act relating to human services; reducing state health care program payment rates to psychiatrists; amending Minnesota Statutes 2008, section 256B.76, subdivision 1.

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

Wagenius introduced:

H. F. No. 1721, A bill for an act relating to environment; modifying Legislative-Citizen Commission on Minnesota Resources membership terms; amending Minnesota Statutes 2008, section 116P.05, subdivision 1.

The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

Huntley introduced:

H. F. No. 1722, A bill for an act relating to human services; reducing certain physician payment rates for state health care programs; amending Minnesota Statutes 2008, section 256B.76, subdivision 1.

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

Juhnke introduced:

H. F. No. 1723, A bill for an act relating to energy; providing economic stimulus through renewable energy and energy efficiency grants; appropriating money.

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

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Faust and Hilty introduced:

H. F. No. 1724, A bill for an act relating to taxation; tax-forfeited land proceeds; authorizing counties to use certain tax-forfeited land proceeds for other purposes; amending Minnesota Statutes 2008, section 282.08.

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

Persell, Hilty, Solberg, Sailer, Johnson and Ward introduced:

H. F. No. 1725, A bill for an act relating to energy; requiring reports by certain residential heating, delivered-fuel suppliers; proposing coding for new law in Minnesota Statutes, chapter 216B.

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

Persell, Hilty, Sailer, Solberg and Ward introduced:

H. F. No. 1726, A bill for an act relating to energy; providing rights to low-income customers of delivered home heating fuel vendors; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Hansen, Juhnke, Otremba, Morgan and Koenen introduced:

H. F. No. 1727, A bill for an act relating to natural resources; making wellhead protection areas eligible for the reinvest in Minnesota reserve program; modifying conservation reserve program; appropriating money; amending Minnesota Statutes 2008, section 103F.515, subdivisions 2, 4.

The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

Loeffler and Hosch introduced:

H. F. No. 1728, A bill for an act relating to human services; amending child care programs, program integrity, adult supports including general assistance medical care and group residential housing, and Minnesota family investment program; amending Minnesota Statutes 2008, sections 119B.011, subdivision 3; 119B.08, subdivision 2; 119B.09, subdivision 1; 119B.12, subdivision 1; 119B.13, subdivision 6; 119B.15; 119B.231, subdivision 3; 256.014, subdivision 1; 256.0471, subdivision 1, by adding a subdivision; 256D.01, subdivision 1b; 256D.44, subdivision 3; 256I.04, subdivisions 2a, 3; 256I.05, subdivision 1k; 256J.24, subdivision 5; 256J.425, subdivisions 2, 3; 256J.521, subdivision 2; 256J.545; 256J.561, subdivision 2; 256J.575, subdivision 3; 256J.626, subdivision 7; 256J.95, subdivisions 11, 13.

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

Faust, Kahn, Howes and Solberg introduced:

H. F. No. 1729, A bill for an act relating to state government; appropriating money for Minnesota Public Radio, Inc.

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

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Dill introduced:

H. F. No. 1730, A bill for an act relating to energy; appropriating money for biomass facility grant.

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

Mullery and Carlson introduced:

H. F. No. 1731, A bill for an act relating to natural resources; appropriating money for Victory Memorial Drive restoration.

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

Clark, Hayden, Champion and Paymar introduced:

H. F. No. 1732, A bill for an act relating to housing finance; appropriating money to continue a demonstration project for high-risk adults.

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

Eken introduced:

H. F. No. 1733, A bill for an act relating to waters; appropriating money for grants to comply with water protection rules.

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

Lanning and McFarlane introduced:

H. F. No. 1734, A bill for an act relating to environment; authorizing establishment of basin boards; authorizing taxing authority; appropriating money; amending Minnesota Statutes 2008, sections 103B.101, subdivision 9; 103B.102, subdivision 2; 103B.231, subdivision 4; 103B.245, subdivision 1; 103B.3369, subdivisions 2, 5; 103D.205, subdivision 3; 103D.401, subdivision 1; 275.066; proposing coding for new law in Minnesota Statutes, chapters 103A; 103B.

The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

Lanning introduced:

H. F. No. 1735, A bill for an act relating to capital improvements; appropriating money for flood hazard mitigation in the Buffalo-Red River Watershed District; authorizing the sale and issuance of state bonds.

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

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Masin, Persell, Sterner, Johnson, Scalze, Morgan, Obermueller and Slocum introduced:

H. F. No. 1736, A bill for an act relating to health; prohibiting certain provider conflicts of interest; providing criminal and civil penalties; amending Minnesota Statutes 2008, section 62R.03, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62J; repealing Minnesota Statutes 2008, sections 13.717, subdivision 3; 62J.23.

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

Brynaert, Hilty, Morrow, Mahoney and Kelliher introduced:

H. F. No. 1737, A bill for an act relating to higher education; appropriating money for a grant to the International Renewable Energy Technical Institute at Minnesota State University, Mankato.

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

Mack, Zellers, Loon, Holberg, Hackbarth, Dean and Sanders introduced:

H. F. No. 1738, A bill for an act relating to the legislature; prohibiting regular sessions in even-numbered years; amending Minnesota Statutes 2008, section 3.011.

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

Sterner, Dittrich, Masin, Beard, Rosenthal, Persell, Kohls and Bunn introduced:

H. F. No. 1739, A bill for an act relating to commerce; reforming no-fault auto insurance; increasing certain first-party benefits; regulating certain arbitration awards; prohibiting balance billing by health care providers; regulating the furnishing of certain accident record information; clarifying civil liability with respect to recovery of medical and health care expenses; amending Minnesota Statutes 2008, sections 65B.44, subdivisions 2, 3, 4; 65B.51, subdivisions 1, 3; 65B.525, by adding a subdivision; 65B.54, by adding a subdivision; 169.09, subdivision 13; 604.01, by adding a subdivision; 604.02, by adding a subdivision.

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

Winkler, Kelliher, Loeffler, Kahn, Lillie, Mullery and Slocum introduced:

H. F. No. 1740, A bill for an act relating to marriage; recognizing certain marriages performed in other states; amending Minnesota Statutes 2008, sections 517.03, subdivision 1; 517.20.

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

Hilty introduced:

H. F. No. 1741, A bill for an act relating to energy; appropriating money for a grant to city of Cromwell.

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

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Hilty introduced:

H. F. No. 1742, A bill for an act relating to elections; increasing percentage of votes a candidate for statewide or legislative office must receive in order to obtain public financing; amending Minnesota Statutes 2008, section 10A.31, subdivision 7.

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

Hausman introduced:

H. F. No. 1743, A bill for an act relating to capital improvements; appropriating money for transit improvement areas; authorizing the sale and issuance of state bonds.

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

Hilty and Huntley introduced:

H. F. No. 1744, A bill for an act relating to government operations; creating technology accessibility standards for the state; authorizing rulemaking; establishing the advisory committee for technology standards for accessibility and usability; requiring a report; appropriating money; amending Minnesota Statutes 2008, sections 16C.02, by adding a subdivision; 16C.03, subdivision 3; 16C.08, subdivision 2; 16E.01, subdivisions 1a, 3, by adding a subdivision; 16E.02, subdivision 1; 16E.03, subdivisions 2, 4; 16E.04, subdivision 1; 16E.07, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 16C; 16E.

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

Ruud introduced:

H. F. No. 1745, A bill for an act relating to health; modifying provisions in health occupations for speech language pathologists and occupational therapists; expanding definition of licensed health care professional; changing provisions for food, beverage, and lodging establishments; requiring the Department of Health to use rules and guidelines from the federal government to implement the minimum data set for resident reimbursement classification; establishing fees; amending Minnesota Statutes 2008, sections 148.512, subdivision 13; 148.5193, subdivision 6a; 148.5194, subdivisions 2, 3, 7; 148.6402, subdivisions 13, 22a; 148.6405; 148.6440, subdivision 2; 157.16, subdivisions 2, 4; repealing Minnesota Rules, parts 4610.0420; 4610.0500, subparts 1, 2, 3, 5; 4610.0600, subparts 1, 3, 4; 4610.0650.

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

Bigham and Kohls introduced:

H. F. No. 1746, A bill for an act relating to consumer protection; protecting customers from injuries resulting from use of inflatable play equipment used for commercial purposes; requiring the presence of trained supervisors and liability insurance; proposing coding for new law in Minnesota Statutes, chapter 184B.

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

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Clark and Juhnke introduced:

H. F. No. 1747, A bill for an act relating to employment; requiring a report on green jobs in the food production sector; appropriating money for farm-to-school and farm-to-home pilot projects.

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

Sailer introduced:

H. F. No. 1748, A bill for an act relating to energy; appropriating money to establish a national solar testing and certification laboratory.

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

Winkler and Kelliher introduced:

H. F. No. 1749, A bill for an act relating to liquor; allowing limited storage for retail liquor operations; amending Minnesota Statutes 2008, section 340A.410, subdivision 7, by adding a subdivision.

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

Abeler and Thao introduced:

H. F. No. 1750, A bill for an act relating to human services; making changes to licensing provisions, including data practices, disqualifications, and background study requirements; amending Minnesota Statutes 2008, sections 13.46, subdivisions 3, 4; 245A.03, subdivision 2; 245A.04, subdivisions 5, 7; 245A.041, by adding a subdivision; 245A.05; 245A.07, subdivisions 1, 3; 245A.1435; 245A.16, subdivision 1; 245A.50, subdivision 5; 245C.03, subdivision 1; 245C.15, subdivisions 1, 2, 3, 4; 245C.22, subdivision 7; 245C.24, subdivisions 2, 3; 245C.25; 245C.27, subdivision 1; 256.045, subdivisions 3, 3b; 626.556, subdivisions 2, 10e, 10f; 626.557, subdivisions 9c, 12b; 626.5572, subdivision 13.

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

Kelly, Hilstrom, Smith, Kohls, Drazkowski, Sanders and Holberg introduced:

H. F. No. 1751, A bill for an act relating to drivers' licenses; permitting a driver's license or identification card applicant to designate an emergency contact person; establishing procedures for access to emergency contact data; amending Minnesota Statutes 2008, sections 13.69, subdivision 1; 171.06, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299A.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

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Drazkowski, Buesgens, Holberg, Emmer, Kelly and Kiffmeyer introduced:

H. F. No. 1752, A bill for an act relating to taxation; budget priorities; repealing the political contribution refund; amending Minnesota Statutes 2008, sections 270A.03, subdivision 7; 289A.50, subdivision 1; 290.01, subdivision 6; repealing Minnesota Statutes 2008, sections 10A.322, subdivision 4; 290.06, subdivision 23.

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

Mahoney and Mariani introduced:

H. F. No. 1753, A bill for an act relating to higher education; establishing a summer academy and a onetime grant to help pay tuition; amending Minnesota Statutes 2008, section 136A.121, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 135A.

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

Hilty introduced:

H. F. No. 1754, A bill for an act relating to energy; appropriating money to Department of Commerce and Public Utilities Commission to finance activities and projects related to energy or commerce; modifying provisions relating to assessments, audits, insurance and insurers, public utilities, cooperative electric associations, and municipal power agencies; amending Minnesota Statutes 2008, sections 45.027, subdivision 1; 60A.315, subdivision 6; 61A.02, subdivisions 2, 2a; 61A.072, subdivision 11; 70A.06, subdivision 2; 216B.62, subdivisions 3, 4, 5, by adding subdivisions; 237.295, subdivisions 2, 3, by adding a subdivision; repealing Minnesota Statutes 2008, section 60A.315, subdivisions 1, 2, 3, 4, 5.

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

Beard and Morgan introduced:

H. F. No. 1755, A bill for an act relating to gambling; providing for agent wagering; amending Minnesota Statutes 2008, section 240.13, by adding a subdivision.

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

Kath; Solberg; Morrow; Murphy, M.; Howes; Falk; Olin; Doty; Juhnke; Dill; Fritz; Koenen; Anzelc; Otremba; Hilty and Persell introduced:

H. F. No. 1756, A bill for an act relating to the Public Facilities Authority; providing for federal use of funds allocated to the state by the American Recovery and Reinvestment Act; providing for clean water and drinking water loans and grants; appropriating money; amending Minnesota Statutes 2008, sections 446A.07, subdivision 7; 446A.081, subdivision 8.

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

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Brod; Pelowski; Cornish; Drazkowski; Kiffmeyer; Shimanski; Dean; Anderson, B.; Loon; Gottwalt; Sanders; Emmer; Seifert; Downey; Kohls; Kelly; Mack and Zellers introduced:

H. F. No. 1757, A bill for an act relating to health and human services; establishing the Department of Health and Human Services; requiring the merger of the Department of Human Services and the Department of Health; amending Minnesota Statutes 2008, sections 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2.

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

Kahn; Murphy, E.; Ruud; Scalze; Huntley; Thissen and Abeler introduced:

H. F. No. 1758, A bill for an act relating to public health; requiring information on meningococcal disease, human papilloma virus, and other diseases and vaccines to be provided; 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 Care and Human Services Policy and Oversight.

Kahn; Murphy, E.; Clark; Scalze; Thissen and Abeler introduced:

H. F. No. 1759, A bill for an act relating to health; requiring reporting of hospital-acquired infections; establishing an advisory committee; applying sanctions and penalties; 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 Care and Human Services Policy and Oversight.

Thao introduced:

H. F. No. 1760, A bill for an act relating to human services; amending continuing care provisions, including changes to medical assistance, nursing facilities, and data management; amending Minnesota Statutes 2008, sections 252.282, subdivisions 3, 5; 256B.0657, subdivisions 5, 8; 256B.0913, subdivisions 4, 5a, 12; 256B.0915, subdivision 2; 256B.431, subdivision 10; 256B.433, subdivision 1; 256B.438, subdivision 7; 256B.441, subdivisions 5, 11; 256B.5011, subdivision 2; 256B.5012, subdivisions 6, 7; 256B.5013, subdivisions 1, 6; 626.557, subdivision 12b; repealing Minnesota Statutes 2008, section 256B.5013, subdivisions 2, 3, 5.

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

Anderson, S.; Winkler and Kahn introduced:

H. F. No. 1761, A bill for an act relating to transportation; allowing single-occupant hybrid vehicles to operate in high-occupancy vehicle lanes and dynamic shoulder lanes; amending Minnesota Statutes 2008, section 160.93, subdivisions 4, 5, by adding a subdivision.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

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Buesgens, Smith, Emmer, Drazkowski and Holberg introduced:

H. F. No. 1762, A bill for an act relating to constitutional amendments; proposing to amend the Minnesota Constitution, article XI; repealing the increase in the sales and use tax rate dedicated for natural resources and cultural heritage purposes; repealing Minnesota Statutes 2008, sections 85.53; 97A.056, subdivisions 1, 2, 3, 4, 5, 6, 7; 114D.50; 129D.17.

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

Abeler and Thao introduced:

H. F. No. 1763, A bill for an act relating to health occupations; modifying a provision of chiropractic practice; amending Minnesota Statutes 2008, section 148.01, subdivision 3.

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

Bigham and Hilstrom introduced:

H. F. No. 1764, A bill for an act relating to public safety; requiring the Board of Pharmacy to report all controlled substance schedule changes the board recommends to the legislature; amending Minnesota Statutes 2008, section 152.02, subdivision 12.

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

Olin and Kalin introduced:

H. F. No. 1765, A bill for an act relating to public safety; expanding the fourth-degree assault crime; amending Minnesota Statutes 2008, section 609.2231, subdivision 2.

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

Hilty, Huntley and Murphy, M., introduced:

H. F. No. 1766, A bill for an act relating to capital investment; authorizing the sale and issuance of state bonds; appropriating money for phase 2 of the Moose Lake sex offender treatment program facilities.

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

Nelson introduced:

H. F. No. 1767, A bill for an act relating to construction; requiring registration of unlicensed contractors and subcontractors; imposing a fee; imposing penalties; proposing coding for new law in Minnesota Statutes, chapter 326B.

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

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Lesch and Paymar introduced:

H. F. No. 1768, A bill for an act relating to public safety; increasing criminal penalties for certain sex trafficking offenses; providing housing and support services for victims of human trafficking, and technical training for judges, prosecutors, and law enforcement on human trafficking; increasing public awareness on human trafficking; addressing Minnesota family investment program eligibility and waivers for human trafficking victims; appropriating money; amending Minnesota Statutes 2008, sections 256J.08, subdivision 90; 256J.32, subdivisions 4, 8; 256J.42, subdivision 4; 256J.425, subdivision 3; 256J.521, by adding a subdivision; 256J.575, subdivision 3; 299A.79, subdivisions 2, 3, 4; 299A.795; 609.281, subdivision 5; 609.321, subdivision 7a; 609.322; 611A.036, subdivision 7; 624.712, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 256J; 299A.

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

Downey, Buesgens, Zellers and Otremba introduced:

H. F. No. 1769, A bill for an act relating to human services; creating an exemption to human services licensing requirements; amending Minnesota Statutes 2008, section 245A.03, subdivision 2.

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

Sailer and Eken introduced:

H. F. No. 1770, A bill for an act relating to local government; providing for audits of household hazardous waste joint powers boards every five years; amending Minnesota Statutes 2008, section 6.756, subdivision 2.

The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

Scott, Jackson and Shimanski introduced:

H. F. No. 1771, A bill for an act relating to child support; changing certain provisions; redirecting payment of child support; amending Minnesota Statutes 2008, section 518A.46, subdivision 5, by adding a subdivision.

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

Doty and Otremba introduced:

H. F. No. 1772, A bill for an act relating to education finance; increasing state support for the debt service equalization aid program; creating a school bond agricultural credit; amending Minnesota Statutes 2008, sections 123B.53, subdivision 5; 126C.01, by adding a subdivision; 126C.20; proposing coding for new law in Minnesota Statutes, chapter 123B; repealing Minnesota Statutes 2008, section 123B.54.

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

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 906

Bly and Beard introduced:

H. F. No. 1773, A bill for an act relating to capital improvements; appropriating money for Spring Lake Regional Park; authorizing the sale and issuance of state bonds.

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

Nelson introduced:

H. F. No. 1774, A bill for an act relating to retirement; amending deferred compensation plan provisions; defining terms; regulating the state unclassified employees retirement program; regulating data; amending Minnesota Statutes 2008, sections 352.965, subdivisions 2, 6; 352D.015, subdivision 9; 352D.02, by adding a subdivision; 352D.04, subdivision 1; 352D.05, subdivision 3; 352D.06, subdivisions 1, 3; 352D.065, subdivision 3; 352D.09, subdivisions 3, 7.

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

Obermueller and Kalin introduced:

H. F. No. 1775, A bill for an act relating to energy; creating school district renewable energy grant program; authorizing bonds; 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.

Hayden, Clark, Mullery, Champion and Kahn introduced:

H. F. No. 1776, A bill for an act relating to public transit; requiring Metropolitan Council and commissioner of transportation to provide free transit passes for unemployed individuals seeking employment; appropriating money; amending Minnesota Statutes 2008, sections 174.23, by adding a subdivision; 473.408, by adding a subdivision.

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

Newton introduced:

H. F. No. 1777, A bill for an act relating to motor vehicles; modifying provision governing display of registration plates or tabs; amending Minnesota Statutes 2008, section 168.09, subdivision 3.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Otremba, Rukavina, Davids, Fritz and Abeler introduced:

H. F. No. 1778, A bill for an act relating to human services; requiring prepaid health plans and county-based purchasing plans serving state health care program enrollees to offer contracts to health care providers subject to the MinnesotaCare tax; amending Minnesota Statutes 2008, sections 256B.69, by adding a subdivision; 256B.692, by adding a subdivision.

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

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 907

Hosch, Johnson, Mariani, Huntley and Thao introduced:

H. F. No. 1779, A bill for an act relating to human services; appropriating money to continue a demonstration project for high-risk adults.

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

Sailer, Pelowski, Scalze and Loeffler introduced:

H. F. No. 1780, A bill for an act relating to state government; requiring revisor of statutes to survey recipients of free state publications.

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

Kahn introduced:

H. F. No. 1781, A bill for an act relating to government finance; modifying provisions for general legislative and administrative expenses of state government; regulating state and local government operations; establishing technology development lease-purchase financing; establishing state appropriation bonds; establishing a statewide electronic licensing system; requiring local units of government to utilize state cooperative purchasing; transferring the Environmental Quality Board to the Pollution Control Agency; requiring a report; appropriating money; amending Minnesota Statutes 2008, sections 13.7411, subdivision 8; 103A.204; 103B.151, subdivision 1; 103B.315, subdivision 5; 103F.751; 103G.222, subdivision 1; 103H.151, subdivision 4; 103H.175, subdivision 3; 115A.072, subdivision 1; 115A.32; 116C.02, by adding a subdivision; 116C.04, subdivisions 1, 7; 116C.71, by adding a subdivision; 116F.06, subdivision 2; 116G.03, by adding a subdivision; 116G.15; 116G.151; 129D.13, subdivisions 1, 3; 129D.14, subdivisions 4, 5, 6; 137.56; 471.345, subdivision 15; Laws 2007, chapter 148, article 1, sections 10; 12, subdivision 2; 16, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16A; 16E; 270C; repealing Minnesota Statutes 2008, sections 13.7411, subdivision 9; 116C.02, subdivision 2; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.24, subdivision 2; 116C.71, subdivisions 1c, 2a; 116C.91, subdivision 2; 116F.06, subdivision 2; 116G.03, subdivision 2; 240A.08.

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

Lenczewski and Marquart introduced:

H. F. No. 1782, A bill for an act relating to financing state government; taxes; individual income, corporate franchise, property and sales and use; requiring certain additions; conforming to federal section 179 expensing allowances; disallowing certain subtractions; allowing certain nonrefundable credits; allowing a refundable Minnesota child credit; appropriating money; repealing various credits; repealing individual and corporate alternative minimum taxes; amending Minnesota Statutes 2008, sections 275.025, subdivisions 1, 2; 290.01, subdivisions 5, 19, 19a, 19b, 19c, 19d, 29, 31, by adding subdivisions; 290.06, subdivision 2c, by adding subdivisions; 290.0671, subdivision 1; 290.0922, subdivisions 1, 3, by adding a subdivision; 290.17, subdivision 4; 290.191, subdivisions 2, 3; 469.315; 469.3192; proposing coding for new law in Minnesota Statutes, chapters 17; 290; repealing Minnesota Statutes 2008, sections 272.02, subdivision 83; 290.06, subdivisions 24, 28, 30, 31, 32, 33, 34; 290.067, subdivisions 1, 2, 2a, 2b, 3, 4; 290.0672; 290.0674; 290.0679; 290.068, subdivisions 1, 2, 3, 4, 5; 290.0802; 290.091; 290.0921, subdivisions 1, 2, 3, 3a, 4, 6, 7, 8; 290.191, subdivision 4; 290.491; 297A.68, subdivisions 38, 41; 469.316; 469.317; 469.321; 469.3215; 469.322; 469.323; 469.324; 469.325; 469.326; 469.327; 469.328; 469.329; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337; 469.338; 469.339; 469.340; 469.341; Laws 2009, chapter 3, section 1.

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

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 908

Ruud introduced:

H. F. No. 1783, A bill for an act relating to human services; eliminating medical assistance coverage for certain ineffective preventive services; amending Minnesota Statutes 2008, section 256B.0625, subdivision 14.

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

Drazkowski and Gottwalt introduced:

H. F. No. 1784, A bill for an act relating to state government; modifying public employee annual salaries that exceed $100,000 during the biennium ending June 30, 2011.

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

Norton introduced:

H. F. No. 1785, A bill for an act relating to economic development; requiring accountability measures and reports as a condition for receiving state funds; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

Haws, Olin, Reinert, Doty and Ward introduced:

H. F. No. 1786, A bill for an act relating to intergovernmental operations; providing for elimination of unnecessary mandates; providing for better public understanding of the roles and responsibilities of state and county governments; providing for financial accountability between state and county governments; proposing coding for new law in Minnesota Statutes, chapters 3; 275.

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

Lillie introduced:

H. F. No. 1787, A bill for an act relating to taxation; tax increment financing; allowing city of North St. Paul an extension of the five-year rule for two districts.

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

Juhnke introduced:

H. F. No. 1788, A bill for an act relating to taxation; estate; providing an exclusion for certain farm and small business properties; amending Minnesota Statutes 2008, sections 291.005, subdivision 1; 291.03, by adding subdivisions.

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

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Fritz introduced:

H. F. No. 1789, A bill for an act relating to insurance; authorizing the Nonprofit Insurance Trust to self-insure against certain liabilities; amending Minnesota Statutes 2008, sections 471.98, subdivision 2; 471.982, subdivision 3.

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

Doty introduced:

H. F. No. 1790, A bill for an act relating to gambling; requiring a report on casino machine checks by director of gambling enforcement; amending Minnesota Statutes 2008, section 299L.02, subdivision 7.

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

Nelson introduced:

H. F. No. 1791, A bill for an act relating to public safety; providing for employment of certain peace officers and corrections officers under joint power agreements; amending Minnesota Statutes 2008, section 471.59, by adding subdivisions.

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

Kahn introduced:

H. F. No. 1792, A bill for an act relating to the University of Minnesota; providing for the improvement of the neighborhood adjacent to the University of Minnesota, Minneapolis campus; proposing coding for new law in Minnesota Statutes, chapter 137.

The bill was read for the first time and referred to the Higher Education and Workforce Development Finance and Policy Division.

Nelson introduced:

H. F. No. 1793, A bill for an act relating to retirement; increasing the size of the board of trustees of the Teachers Retirement Association by adding an additional elected retired member; amending Minnesota Statutes 2008, section 354.06, subdivision 1.

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

Welti introduced:

H. F. No. 1794, A bill for an act relating to employment; providing standard definition of independent contractor for truck driver-operators for purposes of workers' compensation, unemployment compensation, and income taxation; amending Minnesota Statutes 2008, sections 268.035, subdivision 25b; 290.92, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 176; repealing Minnesota Rules, parts 5224.0290; 5224.0291.

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

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 910

Ruud and Abeler introduced:

H. F. No. 1795, A bill for an act relating to health; establishing licensure for birthing centers; limiting reimbursement for uncomplicated births; designating licensed birthing centers as essential community providers; amending Minnesota Statutes 2008, section 62Q.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 144; 256B.

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

Davids and Abeler introduced:

H. F. No. 1796, A bill for an act relating to taxation; allowing a jobs credit for increasing employment; amending Minnesota Statutes 2008, section 290.06, by adding a subdivision.

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

Lieder, Beard, Hornstein, Hausman, Morrow and Hortman introduced:

H. F. No. 1797, A bill for an act relating to transportation; providing for receipt and appropriation of federal economic recovery funds; amending Minnesota Statutes 2008, section 161.36, by adding a subdivision.

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

Hansen and Koenen introduced:

H. F. No. 1798, A bill for an act relating to taxation; property; requiring compliance with certain laws to participate in certain agriculture property tax programs; amending Minnesota Statutes 2008, sections 40A.09; 273.111, by adding a subdivision; 473H.04, subdivision 2.

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

Morrow and Brynaert introduced:

H. F. No. 1799, A bill for an act relating to capital improvements; naming and appropriating money for the Minnesota Valley Line; authorizing the sale and issuance of state bonds.

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

Laine, Davnie, Abeler and Hayden introduced:

H. F. No. 1800, A bill for an act relating to health; prohibiting an individual health plan from refusing to issue coverage because of a previous cesarean delivery; amending Minnesota Statutes 2008, section 62A.65, subdivision 4.

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

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Laine, Abeler and Davnie introduced:

H. F. No. 1801, A bill for an act relating to health; regulating hospital policies on cesarean section under certain circumstances; 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 Care and Human Services Policy and Oversight.

Eken introduced:

H. F. No. 1802, A bill for an act relating to human services; providing a group residential housing supplemental rate for a provider in Mahnomen county; amending Minnesota Statutes 2008, section 256I.05, by adding a subdivision.

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

Scalze introduced:

H. F. No. 1803, A bill for an act relating to state employees; limiting reimbursement for travel expenses.

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

Lieder, Morrow, Welti, Hornstein, Poppe and Koenen introduced:

H. F. No. 1804, A bill for an act relating to capital investment; appropriating money for transit facilities in greater Minnesota; authorizing the sale and issuance of state bonds.

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

Atkins, Bigham, Davids, Nelson, Reinert, Hayden, Davnie, Hansen, Slocum, Mullery, Kahn, Pelowski, Hilstrom, Smith and Fritz introduced:

H. F. No. 1805, A bill for an act relating to occupations and professions; creating licensing standards for full-time firefighters; establishing fees; proposing coding for new law in Minnesota Statutes, chapter 299F.

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

Bly introduced:

H. F. No. 1806, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature; authorizing the issuance of state bonds; appropriating money for the city of Northfield public safety and regional emergency operations center.

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

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Zellers and Atkins introduced:

H. F. No. 1807, A bill for an act relating to alcohol; allowing the Metropolitan Airports Commission to extend hours of sale; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Brod introduced:

H. F. No. 1808, A bill for an act relating to traffic safety; expanding and protecting certain data items on death certificates of decedents; providing surviving family members greater access to crashed vehicles; amending Minnesota Statutes 2008, sections 13.10, by adding a subdivision; 169.09, by adding a subdivision.

The bill was read for the first time and referred to the Transportation and Transit Policy and Oversight Division.

Hilty and Murphy, M., introduced:

H. F. No. 1809, A bill for an act relating to public safety; modifying the Department of Corrections' per diem law; amending Minnesota Statutes 2008, section 241.018, subdivision 1; repealing Minnesota Statutes 2008, section 241.018, subdivision 2.

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

Lesch and Paymar introduced:

H. F. No. 1810, A bill for an act relating to human rights; requiring posting of notices related to human trafficking at establishments that sell alcoholic beverages at retail and certain lodging establishments that have been involved in prostitution-related activity; amending Minnesota Statutes 2008, section 617.87; proposing coding for new law in Minnesota Statutes, chapter 340A.

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

Slawik and Murphy, E., introduced:

H. F. No. 1811, A bill for an act relating to insurance; creating an Autism Spectrum Disorder Task Force; providing appointments; requiring a report.

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

Brod and Smith introduced:

H. F. No. 1812, A resolution memorializing the Governor of the State of California concerning Kathleen Ann Soliah.

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

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 913

Juhnke; Lieder; Hamilton; Anderson, P.; Magnus and Falk introduced:

H. F. No. 1813, A bill for an act relating to construction codes; providing for regulation of elevators in grain elevators; amending Minnesota Statutes 2008, section 326B.163, subdivision 5.

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

Winkler; Ruud; Murphy, E., and Thissen introduced:

H. F. No. 1814, A bill for an act relating to state employees; providing criteria for state employees' personal electronic health records.

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

Beard, Lieder and Hortman introduced:

H. F. No. 1815, A bill for an act relating to transportation; modifying provisions relating to design-build projects; amending Minnesota Statutes 2008, sections 161.3410, by adding a subdivision; 161.3412, subdivision 3; 161.3420, subdivision 3; 161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2008, section 161.3426, subdivision 2.

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

Morrow introduced:

H. F. No. 1816, A bill for an act relating to transportation; modifying and updating provisions relating to motor carriers, highways, and the Department of Transportation; making clarifying and technical changes; amending Minnesota Statutes 2008, sections 168.013, subdivision 1e; 168.185; 169.025; 169.801, subdivision 10; 169.823, subdivision 1; 169.824; 169.8261; 169.827; 169.85, subdivision 2; 169.862, subdivision 2; 169.864, subdivisions 1, 2; 169.865, subdivisions 1, 2, 3, 4; 169.866, subdivision 1; 169.87, subdivision 2; 174.64, subdivision 4; 174.66; 221.012, subdivisions 19, 29; 221.021, subdivision 1; 221.022; 221.025; 221.026, subdivisions 2, 5; 221.0269, subdivision 3; 221.031, subdivisions 1, 3, 3c, 6; 221.0314, subdivisions 2, 3a, 9; 221.033, subdivisions 1, 2; 221.121, subdivisions 1, 7; 221.122, subdivision 1; 221.123; 221.132; 221.151, subdivision 1; 221.161, subdivisions 1, 4; 221.171; 221.172, subdivision 3; 221.185, subdivisions 2, 4, 5a, 9; 221.605, subdivision 1; 221.68; 221.81, subdivision 3d; repealing Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions 1b, 5; 169.832, subdivisions 11, 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12, 21, 23, 24, 30, 32, 39, 40, 41; 221.031, subdivision 2b; 221.072; 221.101; 221.111; 221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, 6f; 221.131, subdivision 2a; 221.141, subdivision 6; 221.151, subdivisions 2, 3; 221.153; 221.172, subdivisions 4, 5, 6, 7, 8; 221.296, subdivisions 3, 4, 5, 6, 7, 8.

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

Ruud introduced:

H. F. No. 1817, A bill for an act relating to health care; establishing an alternative basic health plan for families with children eligible for medical assistance; proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 914

Mariani, Abeler and Slawik introduced:

H. F. No. 1818, A bill for an act relating to poverty; requiring commissioners to provide a poverty impact statement on bills when requested by a legislator.

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

Murphy, E., introduced:

H. F. No. 1819, A bill for an act relating to health; changing the fee for testing; requiring support services to families with children who are deaf or have hearing loss; amending Minnesota Statutes 2008, sections 144.125, subdivision 1; 144.966, by adding a subdivision.

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

Rosenthal and Hilstrom introduced:

H. F. No. 1820, A bill for an act relating to state government; extending the exemption from alcohol and controlled substances testing; amending Minnesota Statutes 2008, section 221.031, subdivision 10.

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

CONSENT CALENDAR

H. F. No. 603 was reported to the House.

Beard moved that H. F. No. 603 be removed from the Consent Calendar and be placed on the General Register. The motion prevailed.

MOTIONS AND RESOLUTIONS

Norton moved that the names of Bly and Loon be added as authors on H. F. No. 72. The motion prevailed.

Thissen moved that the name of Norton be shown as chief author on H. F. No. 108. The motion prevailed.

Brynaert moved that the name of Westrom be added as an author on H. F. No. 245. The motion prevailed.

Ruud moved that the name of Bly be added as an author on H. F. No. 293. The motion prevailed.

Brod moved that the name of Welti be added as an author on H. F. No. 408. The motion prevailed.

Bunn moved that the name of Knuth be added as an author on H. F. No. 413. The motion prevailed.

Demmer moved that the names of Dill and Hamilton be added as authors on H. F. No. 430. The motion prevailed.

Journal of the House - 20th Day - Monday, March 16, 2009 - Top of Page 915

Murphy, E., moved that the name of Lillie be added as an author on H. F. No. 499. The motion prevailed.

Kahn moved that the name of Lillie be added as an author on H. F. No. 504. The motion prevailed.

Marquart moved that the name of Dettmer be added as an author on H. F. No. 511. The motion prevailed.

Hayden moved that the name of Bly be added as an author on H. F. No. 522. The motion prevailed.

Koenen moved that the name of Sterner be added as an author on H. F. No. 540. The motion prevailed.

Gardner moved that his name be stricken as an author on H. F. No. 545. The motion prevailed.

Sailer moved that the name of Drazkowski be added as an author on H. F. No. 571. The motion prevailed.

Kahn moved that the name of Davnie be added as an author on H. F. No. 608. The motion prevailed.

Welti moved that the name of Liebling be added as an author on H. F. No. 622. The motion prevailed.

Bly moved that the name of Hayden be added as an author on H. F. No. 626. The motion prevailed.

Shimanski moved that the name of Drazkowski be added as an author on H. F. No. 770. The motion prevailed.

Hilty moved that the name of Welti be added as an author on H. F. No. 862. The motion prevailed.

Hilty moved that the name of Welti be added as an author on H. F. No. 863. The motion prevailed.

Hortman moved that the name of Knuth be added as an author on H. F. No. 875. The motion prevailed.

Hortman moved that the name of Knuth be added as an author on H. F. No. 877. The motion prevailed.

Urdahl moved that the name of Sanders be added as an author on H. F. No. 908. The motion prevailed.

Dittrich moved that her name be stricken as an author on H. F. No. 914. The motion prevailed.

Hausman moved that the name of Greiling be added as an author on H. F. No. 916. The motion prevailed.

Slocum moved that the name of Bigham be added as an author on H. F. No. 935. The motion prevailed.

Bunn moved that the name of Knuth be added as an author on H. F. No. 990. The motion prevailed.

Mullery moved that the name of Winkler be added as an author on H. F. No. 999. The motion prevailed.

Swails moved that the name of Lanning be added as an author on H. F. No. 1037. The motion prevailed.

Otremba moved that the name of Lanning be added as an author on H. F. No. 1059. The motion prevailed.

Norton moved that the name of Kelliher be added as an author on H. F. No. 1080. The motion prevailed.

Pelowski moved that the name of Drazkowski be added as an author on H. F. No. 1114. The motion prevailed.

Poppe moved that her name be stricken as an author on H. F. No. 1143. The motion prevailed.

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Dill moved that the name of Koenen be added as an author on H. F. No. 1157. The motion prevailed.

Dean moved that the name of Rosenthal be added as an author on H. F. No. 1173. The motion prevailed.

Winkler moved that the name of Simon be added as an author on H. F. No. 1188. The motion prevailed.

Torkelson moved that the words "by request" be added after his name on H. F. No. 1189. The motion prevailed.

Mariani moved that the name of Hortman be added as an author on H. F. No. 1190. The motion prevailed.

Lanning moved that the names of Sailer and Urdahl be added as authors on H. F. No. 1195. The motion prevailed.

Davnie moved that the names of Knuth and Welti be added as authors on H. F. No. 1198. The motion prevailed.

Lesch moved that the name of Simon be added as an author on H. F. No. 1199. The motion prevailed.

Sailer moved that the name of Welti be added as an author on H. F. No. 1259. The motion prevailed.

Hilty moved that his name be added as chief author on H. F. No. 1283. The motion prevailed.

Hilty moved that his name be added as chief author on H. F. No. 1284. The motion prevailed.

Gardner moved that the name of Drazkowski be added as an author on H. F. No. 1286. The motion prevailed.

Rukavina moved that the name of Westrom be added as an author on H. F. No. 1289. The motion prevailed.

Hilstrom moved that the name of Bly be added as an author on H. F. No. 1301. The motion prevailed.

Hornstein moved that the name of Bly be added as an author on H. F. No. 1324. The motion prevailed.

Doty moved that the name of Bly be added as an author on H. F. No. 1325. The motion prevailed.

Rukavina moved that the name of Bly be added as an author on H. F. No. 1326. The motion prevailed.

Murphy, M., moved that the name of Haws be added as an author on H. F. No. 1327. The motion prevailed.

Benson moved that the name of Bly be added as an author on H. F. No. 1330. The motion prevailed.

Benson moved that the name of Doepke be added as an author on H. F. No. 1331. The motion prevailed.

Mariani moved that the name of Dittrich be added as an author on H. F. No. 1340. The motion prevailed.

Abeler moved that the name of Murphy, E., be added as an author on H. F. No. 1346. The motion prevailed.

Winkler moved that the name of Bly be added as an author on H. F. No. 1351. The motion prevailed.

Simon moved that the name of Bly be added as an author on H. F. No. 1368. The motion prevailed.

Gardner moved that the names of Bly and Sailer be added as authors on H. F. No. 1373. The motion prevailed.

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Morrow moved that the name of Bly be added as an author on H. F. No. 1378. The motion prevailed.

Hilstrom moved that the name of Downey be added as an author on H. F. No. 1397. The motion prevailed.

Kalin moved that the name of Bly be added as an author on H. F. No. 1400. The motion prevailed.

Eken moved that the name of Bly be added as an author on H. F. No. 1408. The motion prevailed.

Bigham moved that the name of Knuth be added as an author on H. F. No. 1414. The motion prevailed.

Murphy, E., moved that the name of Bly be added as an author on H. F. No. 1424. The motion prevailed.

Sailer moved that the name of Bly be added as an author on H. F. No. 1425. The motion prevailed.

Rosenthal moved that the name of Rukavina be added as an author on H. F. No. 1432. The motion prevailed.

Brynaert moved that the name of Simon be added as an author on H. F. No. 1441. The motion prevailed.

Nelson moved that the name of Bly be added as an author on H. F. No. 1464. The motion prevailed.

Nelson moved that the name of Bly be added as an author on H. F. No. 1467. The motion prevailed.

Hayden moved that the name of Bly be added as an author on H. F. No. 1491. The motion prevailed.

Lillie moved that the name of Bly be added as an author on H. F. No. 1493. The motion prevailed.

Paymar moved that the name of Simon be added as an author on H. F. No. 1505. The motion prevailed.

Thissen moved that the name of Bly be added as an author on H. F. No. 1516. The motion prevailed.

Hausman moved that the name of Bly be added as an author on H. F. No. 1535. The motion prevailed.

Mariani moved that the name of Bly be added as an author on H. F. No. 1538. The motion prevailed.

Gardner moved that the names of Brod and McFarlane be added as authors on H. F. No. 1548. The motion prevailed.

Bigham moved that the names of Hansen, Simon and Knuth be added as authors on H. F. No. 1556. The motion prevailed.

Otremba moved that the name of Doty be added as an author on H. F. No. 1601. The motion prevailed.

Persell moved that the name of Sterner be added as an author on H. F. No. 1618. The motion prevailed.

Davnie moved that the name of Ward be added as an author on H. F. No. 1621. The motion prevailed.

Magnus moved that the name of McNamara be added as an author on H. F. No. 1638. The motion prevailed.

Murphy, E., moved that the name of Thissen be added as an author on H. F. No. 1668. The motion prevailed.

Mariani moved that the name of Greiling be added as an author on H. F. No. 1670. The motion prevailed.

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Gottwalt moved that the name of Scott be added as an author on H. F. No. 1686. The motion prevailed.

Gottwalt moved that the names of Lanning and Scott be added as authors on H. F. No. 1687. The motion prevailed.

Doty moved that the names of Ward and Kalin be added as authors on H. F. No. 1696. The motion prevailed.

Persell moved that the name of Sailer be added as an author on H. F. No. 1699. The motion prevailed.

Winkler moved that H. F. No. 111, now on the General Register, be re-referred to the Committee on Finance. The motion prevailed.

Hortman moved that H. F. No. 265 be recalled from the Committee on Health Care and Human Services Policy and Oversight and be re-referred to the Committee on Civil Justice. The motion prevailed.

Kalin moved that H. F. No. 680 be recalled from the Committee on Finance and be re-referred to the Committee on Commerce and Labor. The motion prevailed.

Reinert moved that H. F. No. 1005 be recalled from the Committee on Finance and be re-referred to the Transportation and Transit Policy and Oversight Division. The motion prevailed.

Abeler moved that H. F. No. 1370 be recalled from the Committee on Health Care and Human Services Policy and Oversight and be re-referred to the Committee on Finance. The motion prevailed.

Davnie moved that H. F. No. 1463 be recalled from the Committee on State and Local Government Operations Reform, Technology and Elections and be re-referred to the Committee on Commerce and Labor. The motion prevailed.

Kalin moved that H. F. No. 1532 be recalled from the Committee on State and Local Government Operations Reform, Technology and Elections and be re-referred to the Committee on Commerce and Labor. The motion prevailed.

Abeler moved that H. F. No. 1602 be recalled from the Committee on Health Care and Human Services Policy and Oversight and be re-referred to the Committee on Commerce and Labor. The motion prevailed.

Abeler moved that H. F. No. 537 be returned to its author. The motion prevailed.

Anzelc introduced:

House Resolution No. 2, A House resolution relating to the spending of federal economic renewal grants to the State of Minnesota.

The resolution was referred to the Committee on Finance.

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Brod and Smith offered the following motion that the Minnesota House of Representatives strongly urge the State of California to retain jurisdiction over Kathleen Ann Soliah during the period of her probation and to allow her to remain in California.

POINT OF ORDER

Sertich raised a point of order pursuant to Rule 4.02, relating to bill and resolution form. The Speaker ruled the point of order well taken.

ADJOURNMENT

Sertich moved that when the House adjourns today it adjourn until 12:30 p.m., Wednesday, March 18, 2009. The motion prevailed.

Sertich moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Wednesday, March 18, 2009.

Albin A. Mathiowetz, Chief Clerk, House of Representatives

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