Journal of the House - 91st Day - Wednesday, April 21, 2010

A quorum was present.

Greiling, Mariani and Otremba were excused.

Holberg was excused until 9:50 a.m.

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

Journal of the House - 91st Day - Wednesday, April 21, 2010 - Top of Page 10350

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Carlson from the Committee on Finance to which was referred:

H. F. No. 2894, A bill for an act relating to natural resources; increasing watershed district borrowing authority; amending Minnesota Statutes 2008, section 103D.335, subdivision 17.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 103D.335, subdivision 17, is amended to read:

Subd. 17. Borrowing funds. (a) The managers may borrow funds from an agency of the federal government, a state agency, a county where the watershed district is located in whole or in part, or a financial institution authorized under chapter 47 to do business in this state. A county board may lend the amount requested by a watershed district. A watershed district may not have more than a total of $600,000 in loans from counties and financial institutions under this subdivision outstanding at any time.

(b) Notwithstanding paragraph (a), a watershed district may have up to a total of $2,000,000 in loans from counties and financial institutions under this subdivision outstanding at any time if the taxable market value of property within the watershed district is more than $500,000,000."

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3033, A bill for an act relating to energy; establishing rebate program for solar photovoltaic modules; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 116C.779, subdivision 1, is amended to read:

Subdivision 1. Renewable development account. (a) The public utility that owns the Prairie Island nuclear generating plant must transfer to a renewable development account ~~$16,000,000 annually~~ $500,000 each year for each dry cask containing spent fuel that is located at the Prairie Island power plant for each year the plant is in operation, and $7,500,000 each year the plant is not in operation if ordered by the commission pursuant to paragraph (d). The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Prairie Island for any part of a year. Funds in the account may be expended only for development of renewable energy sources. Preference must be given to development of renewable energy source projects located within the state. The utility that owns a nuclear generating plant is eligible to apply for renewable development fund grants. The utility's proposals must be evaluated by the renewable development fund board in a manner consistent with that used to evaluate other renewable development fund project proposals.

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(b) The public utility that owns the Monticello nuclear generating plant must transfer to the renewable development account $350,000 each year for each dry cask containing spent fuel that is located at the Monticello nuclear power plant for each year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered by the commission pursuant to paragraph (d). The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for any part of a year.

(c) Expenditures from the account may only be made after approval by order of the Public Utilities Commission upon a petition by the public utility.

(d) After discontinuation of operation of the Prairie Island nuclear plant or the Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the discontinued facility, the commission shall require the public utility to pay $7,500,000 for the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello facility for any year in which the commission finds, by the preponderance of the evidence, that the public utility did not make a good faith effort to remove the spent nuclear fuel stored at the facility to a permanent or interim storage site out of the state. This determination shall be made at least every two years.

EFFECTIVE DATE. This section is effective when 32 dry casks containing spent fuel are located at the Prairie Island nuclear plant.

Sec. 2. [116C.7791] REBATES FOR SOLAR PHOTOVOLTAIC MODULES.

Subdivision 1. Definitions. For the purpose of this section, the following terms have the meanings given.

(a) "Installation" means an array of solar photovoltaic modules attached to a building that will use the electricity generated by the solar photovoltaic modules or placed on a facility or property proximate to that building.

(b) "Manufactured" means:

(1) the material production of solar photovoltaic modules, including the tabbing, stringing, and lamination processes; or

(2) the production of interconnections of low-voltage photoactive elements that produce the final useful photovoltaic output by a manufacturer operating in this state on the effective date of this section.

(c) "Qualified owner" means an owner of a qualified property, but does not include an entity engaged in the business of generating or selling electricity at retail, or an unregulated subsidiary of such an entity.

(d) "Qualified property" means a residence, multifamily residence, business, or publicly owned building located in the assigned service area of the utility subject to section 116C.779.

(e) "Solar photovoltaic module" means the smallest, nondivisible, self-contained physical structure housing interconnected photovoltaic cells and providing a single direct current of electrical output.

Subd. 2. Establishment. The commissioner of commerce shall establish a program to provide rebates to an owner of a qualified property for installing solar photovoltaic modules manufactured in Minnesota after December 31, 2009.

Subd. 3. Rebate eligibility. (a) To be eligible for a rebate under this section, a solar photovoltaic module:

(1) must be manufactured in Minnesota;

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(2) must be installed on a qualified property as part of a system whose generating capacity does not exceed 40 kilowatts;

(3) must be certified by Underwriters Laboratory, must have received the ETL listed mark from Intertek, or must have an equivalent certification from an independent testing agency;

(4) may or may not be connected to a utility grid;

(5) must be installed by a person certified as a solar photovoltaic installer by the North American Board of Certified Energy Practitioners; and

(6) may not be used to sell, transmit, or distribute the electrical energy at retail, nor to provide end-use electricity to an offsite facility of the electrical energy generator. On-site generation is allowed to the extent provided for in section 216B.1611.

(b) To be eligible for a rebate under this section, an applicant must have applied for and been awarded a rebate or other form of financial assistance available exclusively to owners of properties on which solar photovoltaic modules are installed that is offered by:

(1) the utility serving the property on which the solar photovoltaic modules are to be installed; or

(2) this state, under an authority other than this section.

(c) An applicant who is otherwise ineligible for a rebate under paragraph (b) is eligible if the applicant's failure to secure a rebate or other form of financial assistance is due solely to a lack of available funds on the part of a utility or this state.

Subd. 4. Rebate amount and payment. (a) The amount of a rebate under this section is the difference between the sum of all rebates described in subdivision 3, paragraph (b), awarded to the applicant and $5 per watt of installed generating capacity.

(b) Notwithstanding paragraph (a), the amount of all rebates or other forms of financial assistance awarded to an applicant by a utility and the state, including any rebate paid under this section, net of applicable federal income taxes applied at the highest applicable income tax rates, must not exceed 60 percent of the total installed cost of the solar photovoltaic modules.

(d) The rebate must be paid out proportionately in five consecutive annual installments.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 3. APPROPRIATION.

(a) The utility subject to Minnesota Statutes, section 116C.779, shall transfer $2,000,000 in fiscal year 2011; $4,000,000 in fiscal year 2012; $5,000,000 in fiscal year 2013; $5,000,000 in fiscal year 2014; and $5,000,000 in fiscal year 2015, from the account established under that section to the commissioner of commerce. The commissioner of commerce must place the funds in the special revenue fund.

(b) $2,000,000 in fiscal year 2011; $4,000,000 in fiscal year 2012; $5,000,000 in fiscal year 2013; $5,000,000 in fiscal year 2014; and $5,000,000 in fiscal year 2015, is appropriated from the special revenue fund to the commissioner of commerce for awarding rebates for solar photovoltaic modules as specified in section 2. This appropriation does not cancel, and remains available until the money is expended.

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(c) Of the appropriations in this section, up to $39,000 in fiscal year 2011, up to $40,000 in fiscal year 2012, and up to $42,000 in fiscal year 2013 through fiscal year 2015, may be used by the commissioner of commerce for program administration.

EFFECTIVE DATE. This section is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to energy; modifying fee for storage of spent nuclear fuel; establishing rebate program for solar photovoltaic modules; appropriating money; amending Minnesota Statutes 2008, section 116C.779, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 116C."

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3414, A bill for an act relating to utilities; authorizing supplemental funding for Public Utilities Commission; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 216B.62, is amended by adding a subdivision to read:

Subd. 3a. Supplemental staffing assessment. In addition to other assessments in subdivision 3, the commission may assess up to $800,000 per year for supplemental staffing to implement requirements of this chapter. The amount in this subdivision shall be assessed to the several public utilities in proportion to their respective gross operating revenues from retail sales of gas or electric service within the state during the last calendar year, shall be deposited into an account in the special revenue fund, and are appropriated to the commission. An assessment made under this subdivision is not subject to the cap on assessments provided in subdivision 3 or any other law.

EFFECTIVE DATE. This section is effective the day following final enactment."

Correct the title numbers accordingly

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

The report was adopted.

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Carlson from the Committee on Finance to which was referred:

H. F. No. 3757, A bill for an act relating to higher education; modifying securities transaction exemptions; appropriating money for the state grant program; amending Minnesota Statutes 2008, section 80A.65, subdivision 1.

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3790, A bill for an act relating to state government; appropriating money from constitutionally dedicated funds and providing for expenditure accountability, administration, and governance of outdoor heritage, clean water, parks and trails, and arts and cultural heritage purposes; establishing and modifying grants, programs, fees, and accounts; requiring reports; amending Minnesota Statutes 2008, sections 3.971, by adding a subdivision; 97A.056, by adding subdivisions; Minnesota Statutes 2009 Supplement, sections 85.53, subdivision 2; 103G.271, subdivision 6; 114D.50, subdivision 4; 129D.17, subdivision 2; Laws 2009, chapter 172, article 2, section 4; proposing coding for new law in Minnesota Statutes, chapters 3; 103G; repealing Laws 2009, chapter 172, article 5, section 9.

Reported the same back with the following amendments:

Page 13, line 25, after "ownership" insert "or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15"

Page 18, line 18, after "ownership" insert "or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15"

Page 36, line 27, delete "shall" and insert "may"

Page 40, after line 17, insert:

"Sec. 8. PARKS.

The Minneapolis Park and Recreation Board may acquire the entire property known as the Scherer Brothers Lumber Yard for a metropolitan area regional park and may allocate any future appropriations to the board from the parks and trails fund to acquire the property.

EFFECTIVE DATE. This section is effective the day after the Minneapolis Park Board timely completes compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."

Renumber the sections in sequence

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

The report was adopted.

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Carlson from the Committee on Finance to which was referred:

S. F. No. 1323, A bill for an act relating to environment; modifying Infectious Waste Control Act; amending Minnesota Statutes 2008, section 116.78, subdivision 4.

Reported the same back with the following amendments to the second unofficial engrossment:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2008, section 116.76, subdivision 18, is amended to read:

Subd. 18. Sharps. "Sharps" means:

(1) discarded items that can induce subdermal inoculation of infectious agents, including needles, lancets, scalpel blades, pipettes, and other items derived from human or animal patient care, blood banks, laboratories, mortuaries, research facilities, and industrial operations; and

(2) discarded glass or rigid plastic vials containing infectious agents.

Sec. 2. [116.835] SAFE SHARPS MANAGEMENT.

(a) A sharps manufacturer that sells or distributes sharps that are usually intended for home use, and a pharmaceutical manufacturer that sells or distributes a medication in Minnesota that is usually intended to be self-injected in a home resulting in the generation of sharps shall, on or before July 1, 2011, post to its Web site a plan that describes how the manufacturer supports the safe collection and proper disposal of the sharps.

(b) The plan required under paragraph (a) shall include, at a minimum, a description of the actions, if any, taken by the manufacturer to do the following:

(1) provide for the safe collection and proper disposal of sharps;

(2) educate consumers about safe management and collection opportunities; and

(3) support efforts by retailers, pharmaceutical distributors, local governments, health care organizations, public health officers, solid waste service providers, organizations representing patients who use sharps, and other groups with interest in protecting public health and safety through the sale, collection, and proper disposal of sharps.

EFFECTIVE DATE. This section is effective January 1, 2011."

With the recommendation that when so amended the bill pass.

The report was adopted.

Carlson from the Committee on Finance to which was referred:

S. F. No. 1537, A bill for an act relating to energy; requiring a certificate of need for certain transmission lines.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. URBAN TRANSMISSION LINE; CERTIFICATE OF NEED REQUIRED.

A high-voltage transmission line longer than one mile with a capacity of 100 kilovolts or more that is located in a city of the first class in a zone within one mile of the transmission line in which population density exceeds 8,000 persons per square mile, and that runs parallel to and is within one-quarter mile of a below-grade bike and walking path that connects with other bike paths along a river, is subject to the provisions of Minnesota Statutes, section 216B.243.

EFFECTIVE DATE. This section is effective the day following final enactment and applies only to high‑voltage transmission lines described in this section that are the subject of an application for a route permit under Minnesota Statutes, chapter 216E, that is pending before the Public Utilities Commission on March 15, 2010.

Sec. 2. NEIGHBORHOOD ENERGY REDUCTION REPORT.

Subdivision 1. Report. (a) By February 15, 2011, an organization with experience in energy conservation and energy planning at the neighborhood level that serves as project manager must submit a report to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over energy policy that contains the following information:

(1) projections of the amount of energy that can be conserved and generated through the implementation of cost‑effective energy efficiency investments; innovative energy storage projects, including thermal energy storage; smart-grid technologies; and energy produced from distributed generation projects fueled by solar photovoltaic and other renewable energy sources located in the focused study area designated in the application to the Minnesota Public Utilities Commission for a route permit for the high-voltage transmission line identified in section 1;

(2) for each energy-reducing or energy-generating element recommended, estimates of the amount of energy conserved or generated, the reduction in peak demand requirements in the focused study area, and the cost per unit of energy saved or generated; and

(3) an estimate of the number of green jobs that would be created through implementation of the report's recommendations.

(b) Requests by the project manager for information from the utility serving the focused study area may be made after the service of notice of and order for hearing made under Minnesota Statutes, section 216B.243, for the project described in section 1. Information requests with respect to the study are governed by the rules for contested case hearings in Minnesota Rules, part 1400.6700.

Subd. 2. Community steering committee. (a) The project manager shall convene a community steering committee to provide input to the report. Appointments to the steering committee must reflect the diversity of the focused study area, and include representatives of focused study area residents, building owners and renters, businesses, churches, other institutions, including the Midtown Community Works Partnership, local hospitals, and the city in which the focused study area is located. All meetings held by the community steering committee or any subcommittees it creates must be public meetings, with advance notice given to the public.

(b) The project manager shall seek to maximize the participation of focused study area residents, stakeholders, and institutions in recommending ideas to be included within the scope of the report and in reviewing initial and successive drafts of the report, including providing stipends for child care and transportation when necessary to

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increase participation. The project manager shall contact representatives of similar successful projects in other states to benefit from their experience and to learn about best practices for increasing public participation that can be replicated in Minnesota. The report must incorporate and respond to comments from the focused study area and the steering committee.

Subd. 3. Energy savings. The utility that serves the focused study area may apply energy savings resulting directly from the implementation of recommendations contained in the report regarding energy efficiency investments to its energy-savings goal under section 216B.241, subdivision 1c.

Subd. 4. Certificate of need process. No contested case evidentiary hearings for a certificate of need for the transmission line identified in section 1 may commence before April 1, 2011.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 3. APPROPRIATION AND TRANSFER.

(a) Of the assessment authority authorized and appropriated to the commissioner of commerce under Minnesota Statutes, section 216C.052, subdivision 2, paragraph (c), clause (2), up to $307,000 in fiscal year 2011 must be allocated by the commissioner to implement this act. Of this amount, $34,000 must be transferred and is appropriated to the Public Utilities Commission to implement section 1. These appropriations are onetime and are available until expended, without regard to section 216C.052, subdivision 4.

(b) The utility subject to Minnesota Statutes, section 116C.779, shall transfer $100,000 from the renewable development account established under that section to the commissioner of commerce, who shall deposit it in the special revenue fund.

(c) $100,000 from the money deposited in the special revenue fund under paragraph (a) is appropriated to the commissioner of commerce for a grant to an organization with experience in energy conservation and energy planning at the neighborhood level that serves as project manager serving the Twin Cities for the purpose of completing the report required under section 2.

This is a onetime appropriation and is available until expended."

Delete the title and insert:

"A bill for an act relating to energy; requiring certificate of need for certain transmission line; requiring neighborhood energy reduction report; appropriating money."

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

S. F. No. 2758, A bill for an act relating to economic development; authorizing the development of a virtual assistance network for Minnesota entrepreneurs.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. [116J.6581] MINNESOTA ENTREPRENEUR RESOURCE VIRTUAL NETWORK (MERVN).

(a) The commissioner shall seek sufficient private sector funding for the Office of Entrepreneurship and Small Business Development (OESBD) to develop, maintain, and market a virtual network to provide seamless access to statewide resources and expertise for entrepreneurs and existing businesses using private sector funding. Private sector funding must be for general support of the virtual network and must not be used to sponsor specific portions of the network. The network must connect Minnesota entrepreneurs to available state and nonstate supported services and technical assistance. In developing and maintaining the network, OESBD must ensure that all listed resources meet established standards. The goal of the network is to assist in the creation of new Minnesota ventures, the growth of existing businesses, and the ability of Minnesota entrepreneurs to compete globally. To the greatest extent possible, the network should be built on and linked to existing resources designed to make business assistance resources more accessible to Minnesota business.

(b) Any portion of the network that involves state information systems or state Web sites is subject to the authority of the Office of Enterprise Technology in chapter 16E, including, but not limited to:

(1) evaluation and approval as specified in section 16E.03, subdivisions 3 and 4;

(2) review to ensure compliance with security policies, guidelines, and standards as specified in section 16E.03, subdivision 7; and

(3) assurance of compliance with accessibility standards developed under section 16E.03, subdivision 9.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 2. REPORT.

By September 30, 2010, the commissioner must report to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over economic development and state government finance on the department's plans and progress towards the development of the network under Minnesota Statutes, section 116J.6581."

Delete the title and insert:

"A bill for an act relating to economic development; providing for the development of a virtual assistance network for Minnesota entrepreneurs; proposing coding for new law in Minnesota Statutes, chapter 116J."

With the recommendation that when so amended the bill pass.

The report was adopted.

Carlson from the Committee on Finance to which was referred:

S. F. No. 2996, A bill for an act relating to health; establishing school concession stands as a specific category of food and beverage service establishments; amending Minnesota Statutes 2008, section 157.15, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 157.16, subdivision 3.

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

The report was adopted.

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SECOND READING OF SENATE BILLS

S. F. Nos. 1323 and 2758 were read for the second time.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2634, A bill for an act relating to natural resources; expanding prohibitions on the appropriation of water from the Mt. Simon-Hinckley aquifer; amending Minnesota Statutes 2008, section 103G.271, subdivision 4a.

The Senate has appointed as such committee:

Senators Olseen, Sheran and Frederickson.

Said House File is herewith returned to the House.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Madam Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2639, A bill for an act relating to public safety; authorizing wireless telecommunications service providers to provide call locations for emergencies; proposing coding for new law in Minnesota Statutes, chapter 237.

The Senate has appointed as such committee:

Senators Prettner Solon, Sheran and Vandeveer.

Said House File is herewith returned to the House.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Madam Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

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H. F. No. 3263, A bill for an act relating to traffic regulations; modifying provisions governing speed limits in highway work zones, operating vehicles on multilane roads, and surcharges on traffic citations; creating traffic safety education account; amending Minnesota Statutes 2008, sections 169.14, subdivision 5d; 169.18, subdivisions 7, 10, by adding a subdivision; 171.12, subdivision 6; 171.13, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 357.021, subdivision 6.

The Senate has appointed as such committee:

Senators Gimse, Murphy and Carlson.

Said House File is herewith returned to the House.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Madam Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 3591, A bill for an act relating to local government; authorizing the city of Minneapolis to adopt an ordinance to define the annual duration of operation of mobile food units; amending Minnesota Statutes 2008, section 157.15, subdivision 9.

The Senate has appointed as such committee:

Senators Dibble, Higgins and Senjem.

Said House File is herewith returned to the House.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Madam Speaker:

I hereby announce the adoption by the Senate of the following House Concurrent Resolution, herewith returned:

House Concurrent Resolution No. 5, A House concurrent resolution relating to adjournment for more than three days.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Madam Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 2624, A bill for an act relating to state government; appropriating money for environment and natural resources.

Colleen J. Pacheco, First Assistant Secretary of the Senate

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Wagenius moved that the House refuse to concur in the Senate amendments to H. F. No. 2624, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Madam Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3157, A bill for an act relating to children; modifying parent notification of child maltreatment in a school facility; amending Minnesota Statutes 2008, section 626.556, subdivisions 7, 10d.

Colleen J. Pacheco, First Assistant Secretary of the Senate

CONCURRENCE AND REPASSAGE

Mahoney moved that the House concur in the Senate amendments to H. F. No. 3157 and that the bill be repassed as amended by the Senate. The motion prevailed.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:

Those who voted in the affirmative were:

The bill was repassed, as amended by the Senate, and its title agreed to.

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Madam Speaker:

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

S. F. Nos. 633, 2505, 2653, 2873, 3119, 445, 2737 and 2941.

Colleen J. Pacheco, First Assistant Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 633, A bill for an act relating to human services; encouraging medical assistance primary care providers to perform primary caries prevention services as part of the child and teen checkup program; amending Minnesota Statutes 2008, section 256B.0625, subdivision 14.

The bill was read for the first time.

Norton moved that S. F. No. 633 and H. F. No. 984, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2505, A bill for an act relating to child care; appropriating money to provide statewide child care provider training, coaching, consultation, and supports to prepare for the voluntary Minnesota quality rating system.

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

S. F. No. 2653, A bill for an act relating to transportation; amending requirements for type III vehicle drivers; providing a rulemaking exception; amending Minnesota Statutes 2008, section 171.321, subdivision 2; Minnesota Statutes 2009 Supplement, section 171.02, subdivision 2b.

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

S. F. No. 2873, A bill for an act relating to Public Facilities Authority; amending certain programs; making technical changes; amending Minnesota Statutes 2008, sections 446A.03, subdivision 5; 446A.07, subdivision 8; 446A.072, subdivisions 1, 3, 5a, 9; 446A.081, subdivision 9; 446A.086, subdivisions 1, 2, 11; Minnesota Statutes 2009 Supplement, sections 446A.075, subdivisions 1a, 2, 4, 5; 446A.081, subdivision 8.

The bill was read for the first time.

Kath moved that S. F. No. 2873 and H. F. No. 2925, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3119, A bill for an act relating to early childhood education; modifying the membership and duties of the State Advisory Council on Early Childhood Education and Care; appropriating money; amending Minnesota Statutes 2008, section 124D.141, subdivisions 1, 2, 3.

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

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S. F. No. 445, A resolution relating to Lake of the Woods.

The bill was read for the first time.

Olin moved that S. F. No. 445 and H. F. No. 353, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2737, A bill for an act relating to state government; changing certain pesticide control provisions; authorizing waiver of a fee; providing for control of bovine tuberculosis; eliminating the native grasses and wildflower seed production and incentive program; authorizing ownership of agricultural land by certain nonprofit corporations; requiring tree care and tree trimming company registration; regulating certain sale and distribution of firewood; authorizing individuals and entities to take certain easements in agricultural land; allowing a temporary lien for livestock production inputs for 45 days following a mediation request requiring reports; clarifying the role of the commissioner and Department of Veterans Affairs in providing certain resources for the county veterans service offices; modifying a residency requirement for purposes of eligibility for higher educational benefits for the surviving spouse and children of a deceased veteran who dies as a result of military service; repealing authorization for a license plate; repealing a requirement that the Department of Veterans Affairs report on the status of a construction project priority listing; appropriating money; amending Minnesota Statutes 2008, sections 3.737, subdivision 4; 17.03, by adding a subdivision; 18B.31, subdivision 5; 18B.36, subdivision 1; 18B.37, subdivision 4; 18G.07; 28A.082, subdivision 1; 35.244, subdivisions 1, 2; 197.60, subdivision 1; 197.601; 197.605; 197.606; 197.609, subdivisions 1, 2; 197.75, subdivision 1; 239.092; 239.093; 500.221, subdivisions 2, 4; 500.24, subdivision 2; 514.965, subdivision 2; 514.966, subdivision 6, by adding a subdivision; Minnesota Statutes 2009 Supplement, sections 3.737, subdivision 1; 18B.316, subdivision 10; Laws 2008, chapter 296, article 1, section 25; proposing coding for new law in Minnesota Statutes, chapters 17; 38; repealing Minnesota Statutes 2008, sections 17.231; 168.1251; 343.26; Laws 2009, chapter 94, article 3, section 23.

The bill was read for the first time.

Juhnke moved that S. F. No. 2737 and H. F. No. 2678, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2941, A bill for an act relating to youth development; authorizing municipalities to spend money on 4‑H; proposing coding for new law in Minnesota Statutes, chapter 38.

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

The following Conference Committee Reports were received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 2231

A bill for an act relating to transportation; allowing road authorities to remove snow from certain roads in uncompleted subdivisions; amending Minnesota Statutes 2008, section 160.21, by adding a subdivision.

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April 13, 2010

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

We, the undersigned conferees for H. F. No. 2231 report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment.

We request the adoption of this report and repassage of the bill.

House Conferees: Michael V. Nelson, Jeremy Kalin and Bob Gunther.

Senate Conferees: Kenneth Kelash, Rick Olseen and Mike Parry.

Nelson moved that the report of the Conference Committee on H. F. No. 2231 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 2231, A bill for an act relating to transportation; allowing road authorities to remove snow from certain roads in uncompleted subdivisions; amending Minnesota Statutes 2008, section 160.21, by adding a subdivision.

The bill was read for the third time, as amended by Conference, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 120 yeas and 10 nays as follows:

Those who voted in the affirmative were:

The bill was passed and its title agreed to.

CALENDAR FOR THE DAY

S. F. No. 2511 was reported to the House.

Swails moved to amend S. F. No. 2511, the second engrossment, as follows:

Delete everything after the enacting clause and insert the following language of H. F. No. 2840, the first engrossment:

"Section 1. [6.81] COLLABORATIVE GOVERNANCE COUNCIL.

Subdivision 1. Establishment; membership. (a) A collaborative governance council is established and shall include major statewide governmental entities and nongovernmental statewide organizations as provided in this subdivision. The 12-member council consists of the state auditor and one member appointed by and serving at the pleasure of each of the following:

(1) League of Minnesota Cities;

(2) Minnesota Association of Townships;

(3) Association of Minnesota Counties;

(4) Minnesota School Board Association;

(5) American Federation of State, County, and Municipal Employees;

(6) Education Minnesota;

(7) Service Employees International Union;

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(8) a senator appointed by the majority leader of the senate;

(9) a senator appointed by the minority leader of the senate;

(10) a member of the house of representatives appointed by the speaker of the house; and

(11) a member of the house of representatives appointed by the house minority leader.

The appointing authorities under this section shall complete their initial appointments no later than July 1, 2010.

(b) Council members shall be represented by the designated appointee of each respective organization. The council shall seek input from nonmember organizations whose expertise can help inform the council's work.

(c) In conjunction with the auditor's duties to recommend best practices for delivery of local government service, the state auditor shall serve as chair of the council and shall convene the first meeting by July 31, 2010. The council must meet at least quarterly.

(d) Members do not receive compensation or reimbursement of expenses from the council for service on the council.

Subd. 2. Powers and duties; report. (a) The council shall develop recommendations to the governor and the legislature designed to increase collaboration in government. These recommendations may include, but are not limited to, strategies, policies, or other actions focused on the:

(1) review of statutes, laws, and rules that slow collaboration efforts;

(2) use of collaboration to improve the delivery of governmental services;

(3) use of technology to connect entities and share information, including broadband access;

(4) modernization of financial transactions and their oversight by facilitating credit and debit card transactions, electronic funds, transfers, and electronic data interchange; and

(5) creation of model forms for joint power agreements.

(b) By February 1 of each year, the council shall submit its recommendations, including any draft legislation necessary to implement its recommendations, to the governor and to the chairs and ranking members of the legislative committees and divisions with jurisdiction over state and local government policy and finance and early childhood through grade 12 education policy and finance.

Subd. 3. Expiration. This section expires June 30, 2015.

EFFECTIVE DATE. This section is effective June 1, 2010."

The motion prevailed and the amendment was adopted.

Swails and McFarlane moved to amend S. F. No. 2511, the second engrossment, as amended, as follows:

Page 1, delete lines 18 to 23, and insert:

"(8) two members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, one member from the majority and one member from the minority; and

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(9) two members of the house of representatives appointed by the speaker of the house, one member from the majority and one member from the minority."

The motion prevailed and the amendment was adopted.

Peppin moved to amend S. F. No. 2511, the second engrossment, as amended, as follows:

Page 2, after line 18, insert:

"(4) reduction in the number of task forces, advisory groups, and councils;"

Renumber subsequent clauses

A roll call was requested and properly seconded.

The question was taken on the Peppin amendment and the roll was called. There were 48 yeas and 81 nays as follows:

Those who voted in the affirmative were: