Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2403

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2011

 

_____________________

 

FORTY-SECOND DAY

 

Saint Paul, Minnesota, Monday, April 18, 2011

 

 

      The House of Representatives convened at 12:30 p.m. and was called to order by Kurt Zellers, Speaker of the House.

 

      Prayer was offered by the Reverend Grady St. Dennis, House Chaplain.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Clark

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Franson

Fritz

Garofalo

Gottwalt

Greene

Greiling

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Holberg

Hortman

Hosch

Huntley

Kahn

Kath

Kelly

Kieffer

Kiffmeyer

Knuth

Koenen

Kriesel

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      A quorum was present.

 

      Anzelc, Dill, Fabian, Falk, Gauthier, Hoppe, Hornstein, Howes, Johnson, Kiel, Laine, Lanning, Leidiger, Mack, Melin, Moran, Pelowski and Rukavina were excused.

 

      Paymar was excused until 12:40 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF CHIEF CLERK

 

      S. F. No. 86 and H. F. No. 72, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Beard moved that S. F. No. 86 be substituted for H. F. No. 72 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 882 and H. F. No. 921, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Leidiger moved that S. F. No. 882 be substituted for H. F. No. 921 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 199, A bill for an act relating to health; providing a statement of public policy declaring that every resident of Minnesota has the freedom of choice in health care; amending Minnesota Statutes 2010, section 8.31, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 1.

 

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

 

      The report was adopted.

 

 

Hamilton from the Committee on Agriculture and Rural Development Policy and Finance to which was referred: 

 

H. F. No. 264, A bill for an act relating to civil actions; prohibiting actions against certain persons for weight gain as a result of consuming certain foods; proposing coding for new law in Minnesota Statutes, chapter 604.

 

Reported the same back with the following amendments: 

 

Page 1, after line 11, insert: 

 

"(b) "Food" has the meaning given in United States Code, title 21, section 321(f), but does not include a "dietary supplement" as defined in United States Code, title 21, section 321(ff)."

 

Page 1, line 12, delete "(b)" and insert "(c)"

 

Page 1, line 14, delete "(c)" and insert "(d)"

 

Page 2, line 8, delete "and willful" and insert ", willful, and reckless"

 

 

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

 

      The report was adopted.


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Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 462, A bill for an act relating to health occupations; providing for a Nurse Licensure Compact; providing for appointments; proposing coding for new law in Minnesota Statutes, chapter 148.

 

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

 

      The report was adopted.

 

 

Beard from the Committee on Transportation Policy and Finance to which was referred: 

 

H. F. No. 493, A bill for an act relating to motor vehicles; authorizing alternative site for keeping motor vehicle dealer records; modifying provision related to motor vehicle registration; adding provision relating to treatment of vehicle history information; amending Minnesota Statutes 2010, sections 168.017, subdivision 3; 168A.11, subdivision 4; 325F.6642, by adding a subdivision.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 168.017, subdivision 3, is amended to read: 

 

Subd. 3.  Exceptions.  (a) The registrar shall register all vehicles subject to registration under the monthly series system for a period of 12 consecutive calendar months, unless: 

 

(1) the application is an original rather than renewal application; or

 

(2) the applicant is a licensed motor vehicle lessor under section 168.27 and the vehicle is leased or rented for periods of time of not more than 28 days, in which case the applicant may apply for initial or renewed registration of a vehicle for a period of four or more months, the month of expiration to be designated by the applicant at the time of registration.  However, To qualify for this exemption, the applicant must (1) present the application to the registrar at St. Paul, or a designated deputy registrar office, and (2) stamp in red, on the certificate of title, the phrase "The expiration month of this vehicle is ....." with the blank filled in with the month of expiration as if the vehicle is being registered for a period of 12 calendar months.  Subsequent registration periods when the applicant is not a qualified motor vehicle lessor under this subdivision must be for a period of 12 months commencing from the last month for which registration was issued.

 

(b) In any instance except that of a licensed motor vehicle lessor, the registrar shall not approve registering the vehicle subject to the application for a period of less than three months, except when the registrar determines that to do otherwise will help to equalize the registration and renewal work load of the department.

 

EFFECTIVE DATE.  This section is effective August 1, 2011, and applies to all applications for registration filed on or after that date.

 

Sec. 2.  Minnesota Statutes 2010, section 168A.11, subdivision 4, is amended to read: 

 

Subd. 4.  Centralized record keeping.  Three Two or more new motor vehicle dealers under common management or control may designate apply to the department in writing a single location for maintaining for permission to maintain the records required by this section that are more than 12 months old and section 168.27, subdivision 10, paragraph (a), clause (1), item (i), at a single location.  The department shall not unreasonably


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withhold its consent to the application.  The records must be open to inspection by a representative of the department or a peace officer during reasonable business hours.  The location must be at the established place of business of one of the affiliated dealers or at a location within Minnesota not further than 25 miles from the established place of business of one of the affiliated dealers."

 

Delete the title and insert: 

 

"A bill for an act relating to motor vehicles; authorizing alternative site for keeping motor vehicle dealer records; modifying provision related to motor vehicle registration; amending Minnesota Statutes 2010, sections 168.017, subdivision 3; 168A.11, subdivision 4."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

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

 

H. F. No. 506, A bill for an act relating to public safety; expanding the fourth-degree assault crime and the assaulting a police horse crime to provide more protection to law enforcement assistants; amending Minnesota Statutes 2010, sections 609.02, by adding a subdivision; 609.2231, by adding a subdivision; 609.597.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 609.2231, is amended by adding a subdivision to read: 

 

Subd. 8.  Reserve officer.  A person is guilty of a gross misdemeanor who: 

 

(1) assaults a reserve officer as defined in section 626.84, subdivision 1, paragraph (e), who is engaged in the performance of official public duties at the direction of, under the control of, or on behalf of a peace officer or supervising law enforcement officer or agency; and

 

(2) should reasonably know that the victim is a reserve officer engaged in the performance of official public duties of the peace officer, or supervising law enforcement officer or agency.

 

EFFECTIVE DATE.  This section is effective August 1, 2011, and applies to crimes committed on or after that date.

 

Sec. 2.  Minnesota Statutes 2010, section 609.597, is amended to read: 

 

609.597 ASSAULTING OR HARMING POLICE HORSE; PENALTIES.

 

Subdivision 1.  Definition.  As used in this section, "police horse" means a horse that has been trained for crowd control and other law enforcement purposes and is used to assist peace officers or reserve officers in the performance of their official duties.

 

Subd. 2.  Crime.  Whoever assaults or intentionally harms a police horse while the horse is being used or maintained for use by a law enforcement agency, or while under the control of a reserve officer who is operating at the direction of, under the control of, or on behalf of a peace officer or a law enforcement agency, is guilty of a crime and may be sentenced as provided in subdivision 3.


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Subd. 3.  Penalties.  A person convicted of violating subdivision 2 may be sentenced as follows: 

 

(1) if a peace officer, a reserve officer, or any other person suffers great bodily harm or death as a result of the violation, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both;

 

(2) if the police horse suffers death or great bodily harm as a result of the violation, or if a peace officer or a reserve officer suffers demonstrable bodily harm as a result of the violation, the person may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both;

 

(3) if the police horse suffers demonstrable bodily harm as a result of the violation, the person may be sentenced to imprisonment for not more than one year and one day or to payment of a fine of not more than $3,000, or both;

 

(4) if a peace officer or a reserve officer is involuntarily unseated from the police horse or any person, other than the peace officer or reserve officer, suffers demonstrable bodily harm as a result of the violation, the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both;

 

(5) if a violation other than one described in clauses (1) to (4) occurs, the person may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

 

EFFECTIVE DATE.  This section is effective August 1, 2011, and applies to crimes committed on or after that date.

 

Sec. 3.  Minnesota Statutes 2010, section 626.84, subdivision 1, is amended to read: 

 

Subdivision 1.  Definitions.  For purposes of sections 626.84 to 626.863, the following terms have the meanings given them: 

 

(a) "Board" means the Board of Peace Officer Standards and Training.

 

(b) "Director" means the executive director of the board.

 

(c) "Peace officer" means: 

 

(1) an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the board, charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and who has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police officers, Department of Corrections Fugitive Apprehension Unit officers, and Department of Commerce Insurance Fraud Unit officers, and the statewide coordinator of the Violent Crime Coordinating Council; and

 

(2) a peace officer who is employed by a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is licensed by the board.

 

(d) "Part-time peace officer" means an individual licensed by the board whose services are utilized by law enforcement agencies no more than an average of 20 hours per week, not including time spent on call when no call to active duty is received, calculated on an annual basis, who has either full powers of arrest or authorization to carry a firearm while on active duty.  The term shall apply even though the individual receives no compensation for time spent on active duty, and shall apply irrespective of the title conferred upon the individual by any law enforcement agency.


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(e) "Reserve officer" means an individual whose services are utilized by a law enforcement agency to provide supplementary assistance at special events, traffic or crowd control, and administrative or clerical assistance, and shall include reserve deputies, special deputies, mounted or unmounted patrols, and all other employees or volunteers performing reserve officer functions.  A reserve officer's duties do not include enforcement of the general criminal laws of the state, and the officer does not have full powers of arrest or authorization to carry a firearm on duty.

 

(f) "Law enforcement agency" means: 

 

(1) a unit of state or local government that is authorized by law to grant full powers of arrest and to charge a person with the duties of preventing and detecting crime and enforcing the general criminal laws of the state; and

 

(2) subject to the limitations in section 626.93, a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e).

 

(g) "Professional peace officer education" means a postsecondary degree program, or a nondegree program for persons who already have a college degree, that is offered by a college or university in Minnesota, designed for persons seeking licensure as a peace officer, and approved by the board.

 

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

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 554, A bill for an act relating to the Mississippi River Parkway Commission; changing its expiration date; amending Minnesota Statutes 2010, section 161.1419, subdivision 8.

 

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

 

      The report was adopted.

 

 

Erickson from the Committee on Education Reform to which was referred: 

 

H. F. No. 563, A bill for an act relating to education finance; authorizing school board to create full-service school zones; amending Minnesota Statutes 2010, sections 123B.88, by adding a subdivision; 123B.92, subdivision 1.

 

Reported the same back with the following amendments: 

 

Page 1, line 14, delete "that community" and insert "the" and before the period, insert "located in a full-service school zone"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


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Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred: 

 

H. F. No. 956, A bill for an act relating to natural resources; modifying enforcement provisions; amending Minnesota Statutes 2010, sections 299C.40, subdivision 1; 609.66, subdivision 1h.

 

Reported the same back with the following amendments: 

 

Page 2, after line 16, insert: 

 

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

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Erickson from the Committee on Education Reform to which was referred: 

 

H. F. No. 966, A bill for an act relating to education; modifying the Teacher Tenure Act for school districts located in a city of the first class; amending Minnesota Statutes 2010, section 122A.41, subdivision 10.

 

Reported the same back with the following amendments: 

 

Page 1, after line 5, insert: 

 

"Section 1.  Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to read: 

 

Subdivision 1.  Words, terms, and phrases.  Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for the purposes of the following subdivisions in this section shall be defined as follows: 

 

(a) Teachers.  The term "teacher" includes every person regularly employed, as a principal, or to give instruction in a classroom, or to superintend or supervise classroom instruction, or as placement teacher and visiting teacher.  Persons regularly employed as counselors and school librarians shall be covered by these sections as teachers if licensed as teachers or as school librarians.

 

(b) School board.  The term "school board" includes a majority in membership of any and all boards or official bodies having the care, management, or control over public schools.

 

(c) Demote.  The word "demote" means to reduce in rank or to transfer to a lower branch of the service or to a position carrying a lower salary or the compensation a person actually receives in the new position.

 

(d) Nonprovisional license.  For purposes of this section, "nonprovisional license" shall mean an entrance, continuing, or life license.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


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Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred: 

 

H. F. No. 977, A bill for an act relating to public safety; prohibiting the State Patrol from closing or consolidating dispatch centers.

 

Reported the same back with the following amendments: 

 

Page 1, line 6, delete "may" and insert "must"

 

 

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

 

      The report was adopted.

 

 

Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 984, A bill for an act relating to game and fish; modifying aquaculture provisions; modifying compensation and assistance provisions for crop damage by elk; modifying requirements for fish and wildlife management plans; modifying invasive species provisions; modifying provisions for taking, possessing, and transporting wild animals; modifying certain acquisition procedures; modifying penalty and license provisions; modifying invasive species control provisions; limiting landowner liability for state walk-in access program; requiring rulemaking; providing criminal penalties; amending Minnesota Statutes 2010, sections 3.7371, subdivisions 1, 3; 17.4982, subdivisions 8, 12, 13, by adding a subdivision; 17.4991, subdivision 3; 17.4994; 84.942, subdivision 1; 84.95, subdivision 2; 84D.08; 84D.11, subdivision 2a; 84D.14; 97A.015, subdivisions 24, 49, 52, 55; 97A.028, subdivision 3; 97A.101, subdivision 3; 97A.311, subdivision 5; 97A.321, subdivision 1; 97A.331, by adding a subdivision; 97A.405, subdivision 2; 97A.415, subdivision 2; 97A.425, subdivision 3; 97A.433, by adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision 1a; 97A.465, subdivision 5; 97A.475, subdivisions 2, 3, 7; 97A.502; 97A.505, subdivision 2; 97A.545, subdivision 5; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.041; 97B.055, subdivision 3; 97B.075; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.667; 97B.803; 97B.811, subdivision 3; 97C.005, subdivision 3; 97C.081, subdivision 3, by adding a subdivision; 97C.087, subdivision 2; 97C.205; 97C.315, subdivision 1; 97C.341; 103B.101, subdivision 9; 604A.21, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 17; 97B; 97C; 348; repealing Minnesota Statutes 2010, sections 84.942, subdivisions 2, 3, 4; 97A.015, subdivisions 26b, 27b, 27c; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811, subdivision 4; 97C.081, subdivision 2.

 

Reported the same back with the following amendments: 

 

Page 7, delete sections 12 and 14

 

Page 13, delete sections 31 and 32

 

Page 29, delete section 64, and insert: 

 

"Sec. 60.  Minnesota Statutes 2010, section 604A.24, is amended to read: 

 

604A.24 LIABILITY; LEASED LAND, WATER-FILLED MINE PITS; MUNICIPAL POWER AGENCY LAND.

 

Unless otherwise agreed in writing, sections 604A.22 and 604A.23 also apply to the duties and liability of an owner of the following land: 


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(1) land leased to the state or any political subdivision for recreational purpose; or

 

(2) idled or abandoned, water-filled mine pits whose pit walls may slump or cave, and to which water the public has access from a water access site operated by a public entity; or

 

(3) land of which a municipal power agency is an owner and that is used for recreational trail purposes, and other land of a municipal power agency which is within 300 feet of such land if the entry onto such land was from land that is dedicated for recreational purposes or recreational trail use; or

 

(4) land leased to the state or otherwise subject to an agreement or contract for purposes of a state-sponsored walk-in access program."

 

Page 30, after line 13, insert: 

 

"Sec. 64.  LAKE FLORIDA FISHING RESTRICTIONS.

 

The commissioner of natural resources shall prohibit fishing on Lake Florida in the area of the outlet and carp trap one month prior to the open season for walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth bass, as provided under Minnesota Statutes, section 97C.395, subdivision 1, paragraph (a), clause (1)."

 

Renumber the sections in sequence

 

Amend the title as follows: 

 

Page 1, line 4, delete everything after the semicolon

 

Page 1, line 5, delete "provisions;"

 

Page 1, line 7, delete "modifying invasive species control provisions;" and insert "modifying duties of the Board of Water and Soil Resources;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 1036, A bill for an act relating to state government; providing for management and consolidation of the state passenger vehicle fleet; amending Minnesota Statutes 2010, section 16B.54, subdivision 1.

 

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

 

      The report was adopted.


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Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 1088, A bill for an act relating to state government; modifying provisions relating to state agency responses to natural disasters; amending Minnesota Statutes 2010, sections 12A.05; 12A.06, subdivision 1; 12A.07, subdivisions 1, 2; 12A.09, subdivision 4; 12A.10, by adding a subdivision; 12A.12, subdivisions 2, 3, by adding a subdivision; 12A.15, by adding a subdivision; 12A.16.

 

Reported the same back with the following amendments: 

 

Page 3, line 13, delete "and license fees must not be waived"

 

Page 3, line 16, strike "state's" and insert "state and local"

 

Page 3, strike line 19

 

Page 3, after line 23, insert: 

 

"EFFECTIVE DATE.  This section is effective retroactively from October 19, 2010."

 

Page 5, after line 5, insert: 

 

"Sec. 12.  FLOOD DAMAGE ASSISTANCE FOR HAMMOND AND ZUMBRO FALLS.

 

Unspent general funds that are transferred to the commissioner of natural resources from Laws 2010, Second Special Session chapter 1, are available to be disbursed as grants to the cities of Hammond and Zumbro Falls for payment of a portion of outstanding water and sewer infrastructure municipal bond debt, not to exceed the proportion of the outstanding debt represented by the percentage of taxable building structures that were bought out through the flood hazard mitigation program under Laws 2010, Second Special Session chapter 1.

 

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

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1124, A bill for an act relating to veterans; establishing a presumption of rehabilitation through a person's honorable military service following a prior offense; amending Minnesota Statutes 2010, section 364.03, subdivision 3.

 

Reported the same back with the following amendments: 

 

Page 2, line 16, before "felony" insert "gross misdemeanor or"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


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Gottwalt from the Committee on Health and Human Services Reform to which was referred: 

 

H. F. No. 1138, A bill for an act relating to human services; requiring a conference in case management and personal care assistance appeals; amending Minnesota Statutes 2010, section 256.045, subdivision 4a.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 256.045, subdivision 4a, is amended to read: 

 

Subd. 4a.  Case management appeals.  (a) Any recipient of case management services pursuant to section 256B.0625 or 256B.092, who contests the county agency's action, reduction, suspension, denial, or termination of services, or failure to act in the provision of those services, other than a failure to act with reasonable promptness or a suspension, reduction, denial, or termination of services, must submit a written request for a conciliation conference with the recipient's case worker and the county lead agency director or designee to the county agency prior to filing an appeal under this section. 

 

(b) For purposes of this subdivision, a county agency's actions include actions by the department with respect to these services.  The request must be filed no later than ten days from the date of a notice of agency action on case management.  The county agency or the state may implement the action, reduction, suspension, denial, or termination of services described in the notice of action unless the recipient includes a request for continuation of services.  The recipient may request a ten-day continuation for case management or other services.  The county agency may hold the conference by telephone or by electronic media unless the recipient requests the conference take place in person in the recipient's written request for conference.  The county agency shall have discretion to continue the conference. 

 

(c) The county agency shall inform the commissioner of the receipt of a request when it is submitted and shall schedule a conciliation conference to be held in person, by telephone, or by electronic media within ten days of the receipt of the recipient's written request.  The county agency shall notify the recipient, the commissioner, and all interested persons of the time, date, and location of the conciliation conference.  The commissioner may assist the county by providing mediation services or by identifying other resources that may assist in the mediation between the parties.  Within 30 15 days after the conference has been held, the county agency shall conduct the conciliation conference and inform the recipient in writing of the action the county agency is going to take and when that action will be taken and notify the recipient of the right to a hearing under this subdivision. 

 

The conciliation conference shall be conducted in a manner consistent with the commissioner's instructions.  (c) If the county fails to conduct the conciliation conference and issue its report within 30 days, or, at any time up to 90 days after the conciliation conference is held as provided in paragraph (b) and the recipient disputes the county agency's notice of its intended action, or if a recipient is otherwise entitled to a fair hearing under subdivision 3a, a recipient may submit to the commissioner a written request for a fair hearing before a state human services referee to determine whether case management services have been provided in accordance with applicable laws and rules or whether the county agency has assured that the services identified in the recipient's individual service plan have been delivered in accordance with the laws and rules governing the provision of those services under this section. 

 

(d) Hearings involving claims that the county agency failed to comply with the requirement to schedule and hold a conference or to notify the recipient of its intended action according to this subdivision shall be limited in scope to those issues only, and the human services judge may recommend an order to the commissioner remanding the case to the county agency with directions to schedule and hold the conference and to notify the recipient of its intended action.  The state human services referee shall recommend an order to the commissioner, who shall, in accordance with the procedure in subdivision 5, issue a final order within 60 days of the receipt of the request for a hearing


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involving case management services only, unless the commissioner refuses to accept the recommended order, in which event a final order shall issue within 90 days of the receipt of that request.  The order may direct the county agency to take those actions necessary to comply with applicable laws or rules.  The commissioner may issue a temporary order prohibiting the demission of a recipient of case management services under section 256B.092, from a residential or day habilitation program licensed under chapter 245A, while a county agency review process or an appeal brought by a recipient under this subdivision is pending, or for the period of time necessary for the county agency to implement the commissioner's order.  The commissioner shall not issue a final order staying the demission of a recipient of case management services from a residential or day habilitation program licensed under chapter 245A.

 

(e) Any recipient of case management services under section 256B.0625 or 256B.092, must be informed in writing at the time of application and at the time of any change in services that they must submit a written request to the county agency for a conference with the case manager and the county social service director before they can file an appeal under this section, of their right to continue receiving services pending the outcome of the conference and notice from the county agency, and that time for requesting a hearing under subdivision 3a and requesting continuation of services begins to run when they receive the postconference notice of the county's intended actions.  For purposes of this paragraph, recipients are presumed to have received notice of the agency's intended actions three business days after the date of the notice.  Recipients have the burden of overcoming this presumption by a preponderance of the evidence.

 

EFFECTIVE DATE.  This section is effective for all notices of action dated on or after January 1, 2012."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Gottwalt from the Committee on Health and Human Services Reform to which was referred: 

 

H. F. No. 1166, A bill for an act relating to human services; permitting the state to contract with third-party administrators to provide medical assistance benefits; requiring use of a competitive request for proposal process; repealing mandatory participation by health maintenance organizations; amending Minnesota Statutes 2010, sections 256B.0644; 256B.69, subdivisions 2, 5; repealing Minnesota Statutes 2010, section 62D.04, subdivision 5.

 

Reported the same back with the following amendments: 

 

Page 3, line 31, after the period, insert "The commissioner shall also provide services under the request for proposal process through a state-operated option."

 

 

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

 

      The report was adopted.

 

 

Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 1205, A bill for an act relating to county parks; modifying restriction on county park fees; amending Minnesota Statutes 2010, section 398.33, subdivision 2.

 

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

 

      The report was adopted.


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McNamara from the Committee on Environment, Energy and Natural Resources Policy and Finance to which was referred: 

 

H. F. No. 1230, A bill for an act relating to state lands; modifying valuation methods of acquired lands; adding to and deleting from state parks, state recreation areas, state forests, and state wildlife management areas; authorizing public and private sales of certain surplus state lands; amending Minnesota Statutes 2010, sections 84.0272, subdivision 3; 85.052, subdivision 4; 89.021, subdivision 48.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 85.052, subdivision 4, is amended to read: 

 

Subd. 4.  Deposit of fees.  (a) Fees paid for providing contracted products and services within a state park, state recreation area, or wayside, and for special state park uses under this section shall be deposited in the natural resources fund and credited to a state parks account.

 

(b) Gross receipts derived from sales, rentals, or leases of natural resources within state parks, recreation areas, and waysides, other than those on trust fund lands, must be deposited in the state treasury and credited to the state parks working capital account.  The appropriation under section 85.22 for revenue deposited in this section is limited to $25,000 per fiscal year.

 

(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle Recreation Area shall be deposited in the dedicated accounts in the natural resources fund from which the purchase of the stockpile material was made.  Notwithstanding paragraph (b), the payments made under section 93.22, subdivision 1, paragraph (c), pursuant to a state mineral lease on lands and mineral rights purchased for and within the Iron Range Off-Highway Vehicle Recreation Area shall be deposited in the dedicated accounts in the natural resources fund from which the purchase of the lands was made.

 

Sec. 2.  Minnesota Statutes 2010, section 89.021, subdivision 48, is amended to read: 

 

Subd. 48.  Smokey Smoky Hills State Forest.

 

Sec. 3.  ADDITIONS TO STATE PARKS.

 

Subdivision 1.  [85.012] [Subd. 52.] Scenic State Park, Itasca County.  The following areas are added to Scenic State Park, Itasca County: 

 

(1) the Southwest Quarter of the Southeast Quarter, Section 1, Township 60 North, Range 26 West, lying south of Scenic Highway; and

 

(2) Government Lot 18, Section 1, Township 60 North, Range 26 West, lying south of Scenic Highway.

 

Subd. 2.  [85.012] [Subd. 60.] William O'Brien State Park, Washington County.  The following area is added to William O'Brien State Park, Washington County:  that part of the Southwest Quarter of the Southwest Quarter, Section 36, Township 32 North, Range 20 West, lying South of the so-called Marine Mills and Chisago City Road, which runs over and across said tract, containing 13 acres, more or less, SUBJECT to right-of-way of County Highway No. 4.


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Sec. 4.  DELETION FROM STATE PARK.

 

[85.012] [Subd. 26.] Hayes Lake State Park, Roseau County.  The following area is deleted from Hayes Lake State Park:  that part of the Northeast Quarter of Section 32, Township 160, Range 38, Roseau County, Minnesota, described as follows:  Commencing at the northwest corner of said Northeast Quarter; thence on an assumed bearing of South 0 degrees 31 minutes 43 seconds East, along the west line of said Northeast Quarter, a distance of 362.02 feet, to the point of beginning of the land to be described; thence South 4 degrees 21 minutes 42 seconds East, a distance of 2,286.25 feet, to the south line of said Northeast Quarter; thence westerly along said south line a distance of 152.84 feet to the southwest corner of said Northeast Quarter; thence northerly along the westerly line of said Northeast Quarter, a distance of 103.15 feet, to the south line of the North 160.7 feet of the South 263.85 feet of said Northeast Quarter; thence easterly along said south line of the North 160.7 feet of the South 263.85 feet, a distance of 45 feet, to the east line of the West 45 feet of said Northeast Quarter; thence North, along the east line of said West 45 feet, a distance of 160.7 feet to the north line of said South 263.85 feet of the Northeast Quarter; thence westerly a distance of 45 feet, to the west line of said Northeast Quarter; thence northerly along said west line, to the point of beginning.  Containing 4.00 acres, more or less.

 

Sec. 5.  ADDITIONS TO STATE RECREATION AREAS.

 

Subdivision 1.  [85.013] [Subd. 11b.] Greenleaf Lake State Recreation Area, Meeker County.  The following area is added to the Greenleaf Lake State Recreation Area, Meeker County:  part of Government Lot 4, Section 20, Township 118 North, Range 30 West, Meeker County, Minnesota, described as follows, to wit:  Beginning at a point 109 feet South of a point on the section line, which is 4,301.5 feet East of the northwest corner of Section 20, said township and range, thence in a southwesterly direction South 14 degrees, 36 minutes West, 403.0 feet; thence in a southeasterly direction South 75 degrees, 24 minutes East, 403 feet to a point on the meandered line of Sioux Lake; thence in a northeasterly direction along the meandered line North 14 degrees, 36 minutes East, 553 feet; thence in a southwesterly direction along the meandered line South 84 degrees, 00 minutes West, 431 feet to the point of beginning, said tract containing 4.4 acres more or less.

 

Subd. 2.  [85.013] [Subd. 12a.] Iron Range Off-Highway Vehicle Recreation Area, St. Louis County.  The following area is added to the Iron Range Off-Highway Vehicle Recreation Area:  the Southeast Quarter of the Southeast Quarter, Section 10, Township 58 North, Range 17 West.

 

Sec. 6.  ADDITION TO STATE FOREST.

 

[89.021] [Subd. 48.] Smoky Hills State Forest.  The following areas are added to the Smoky Hills State Forest:  the Southwest Quarter of the Southeast Quarter, Section 7, Township 139 North, Range 36 West, and the South Half of the Southwest Quarter of Section 14, Township 140 North, Range 37 West.

 

Sec. 7.  DELETION FROM STATE FOREST.

 

[89.021] [Subd. 31a.] Lost River State Forest.  The following area is deleted from the Lost River State Forest, Roseau County:  the Southeast Quarter, Section 5, Township 163 North, Range 40 West.

 

Sec. 8.  ADDITION TO STATE WILDLIFE MANAGEMENT AREA.

 

[97A.133] [Subd. 47.] Roseau Lake Wildlife Management Area, Roseau County.  The following area is added to the Roseau Lake Wildlife Management Area, Roseau County:  the Southeast Quarter, Section 5, Township 163 North, Range 40 West.


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Sec. 9.  MISSISSIPPI RIVER MANAGEMENT PLAN.

 

Notwithstanding Minnesota Rules, part 6105.0870, subpart 7, development in the area commonly known as the historic village of Dayton shall conform to the general development standards of Minnesota Rules, parts 6120.2600 to 6120.3900, except that marinas shall not be allowed and the provisions and administrative procedures of Minnesota Rules, parts 6105.0010 to 6105.0070 and 6105.0150 to 6105.0250, shall still apply.

 

Sec. 10.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; BECKER COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The commissioner may sell the land to a local unit of government for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land described in paragraph (c) be used for the public and reverts to the state if the local unit of government fails to provide for public use or abandons the public use of the land.  The conveyance must include the reservation of an easement for ingress and egress through the property to the Frazee Dam.

 

(c) The land that may be sold is located in Becker County and is described as:  That part of Government Lot 2, Section 35, Township 138, Range 40, Becker County, Minnesota, described as follows:  Beginning at the northwest corner of said Government Lot 2; thence on an assumed bearing of North 89 degrees 59 minutes 38 seconds East, along the north line of said Government Lot 2, a distance of 475.74 feet; thence South 0 degrees 34 minutes 44 seconds East, a distance of 488.24 feet; thence South 89 degrees 59 minutes 38 seconds West, a distance of 220.66 feet; thence South 0 degrees 34 minutes 44 seconds East, a distance of 139.70 feet; thence South 89 degrees 59 minutes 38 seconds West, a distance of 255.08 feet, to the west line of said Government Lot 2; thence North 0 degrees 34 minutes 44 seconds West, along said west line, a distance of 627.94 feet, to the point of beginning, containing 6.15 acres, more or less.

 

(d) The land borders Town Lake and the Otter Tail River.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes, provided that an easement right is retained.  The land is being used as a picnic and playground area.

 

Sec. 11.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARLTON COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Carlton County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.  Prior to the sales, the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37, on the parcels described in paragraph (c), clauses (3), (4), and (7).  The easements for the parcels described in paragraph (c), clauses (3), (4), and (7), shall be 132 feet in width, lying 66 feet on each side of the centerline of the designated trout stream to provide riparian protection and angler access.

 

(c) The land to be sold is located in Carlton County and is described as: 

 

(1) the Southwest Quarter of the Southeast Quarter, Section 24, Township 47 North, Range 20 West (PIN 51-056-4070);


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(2) the Northeast Quarter of the Southwest Quarter, Section 19, Township 47 North, Range 19 West (PIN 72-060-3000);

 

(3) the Northeast Quarter of the Southwest Quarter, Section 1, Township 47 North, Range 19 West (PIN 72-010-0060);

 

(4) the Northeast Quarter of the Southeast Quarter, Section 19, Township 47 North, Range 16 West (PIN 84-020-3110);

 

(5) the Northeast Quarter of the Northeast Quarter, Section 11, Township 48 North, Range 17 West (PIN 81-030-2140);

 

(6) Government Lot 3, Section 22, Township 48 North, Range 18 West (PIN 33-010-1141);

 

(7) the Northwest Quarter of the Southeast Quarter, Section 26, Township 48 North, Range 18 West (PIN 33-010-5080);

 

(8) the Northwest Quarter of the Southeast Quarter, Section 33, Township 48 North, Range 20 West (PIN 90-010-6060);

 

(9) the Southeast Quarter of the Northwest Quarter, Section 34, Township 48 North, Range 20 West (PIN 90-010-6160); and

 

(10) the Northeast Quarter of the Northeast Quarter, Section 35, Township 48 North, Range 20 West (PIN 90-010-6270).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

(e) The county auditor shall first offer the land identified as parcel number 81-030-2140 in paragraph (c), clause (5), to the commissioner of natural resources for sale at the appraised value.  The consideration for the sale may also include survey and appraisal costs.

 

Sec. 12.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARLTON COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Carlton County may sell the tax-forfeited land bordering public water that is described in paragraph (d), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.  Prior to the sales, the commissioner of revenue shall grant a permanent conservation easement according to Minnesota Statutes, section 282.37, as to the parcel described in paragraph (d), clause (3).  The easement for the parcel described in paragraph (d), clause (3), shall be 132 feet in width, lying 66 feet on each side of the center line of the designated trout stream to provide riparian protection and angler access.

 

(c) The county auditor shall first offer the land identified as parcel number 92-034-5600 in paragraph (d), clause (23), to the Minnesota Department of Natural Resources for sale at the appraised value.  The consideration for the sale may also include survey and appraisal costs.  The county auditor shall first offer the land identified as parcel numbers 06-510-1010, 06-510-1020, 92-010-0920, 92-010-1150, 92-010-3010, 92-010-3120, 92-010-3130, 92-010-3210, 92-010-3240, 92-010-3390, 92-034-5660, and 92-034-5730 in paragraph (d), clauses (1), (2), (6), (8), (16), (17), (18), (19), (20), (22), (24), and (25), to the Fond du Lac Band of Lake Superior Chippewa for sale at the appraised value.  The consideration for the sales may also include survey and appraisal costs.

 

(d) The lands to be sold are located in Carlton County and are described as: 

 

(1) the Northwest Quarter of the Northeast Quarter, Section 6, Township 49 North, Range 17 West (parcel ID number 06-510-1010);


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(2) the Southwest Quarter of the Northeast Quarter, Section 6, Township 49 North, Range 17 West (parcel ID number 06-510-1020);

 

(3) the Northeast Quarter of the Southwest Quarter, Section 9, Township 49 North, Range 17 West (parcel ID number 06-510-1600);

 

(4) Government Lot 4, Section 5, Township 49 North, Range 18 West (parcel ID number 92-010-0790);

 

(5) Government Lot 11, Section 5, Township 49 North, Range 18 West (parcel ID number 92-010-0830);

 

(6) Government Lot 8, Section 6, Township 49 North, Range 18 West (parcel ID number 92-010-0920);

 

(7) the Northeast Quarter of the Southwest Quarter, Section 6, Township 49 North, Range 18 West (parcel ID number 92-010-1020);

 

(8) the Northwest Quarter of the Northwest Quarter, Section 7, Township 49 North, Range 18 West (parcel ID number 92-010-1150);

 

(9) the Northwest Quarter of the Southeast Quarter, Section 7, Township 49 North, Range 18 West (parcel ID number 92-010-1230);

 

(10) the Southwest Quarter of the Southeast Quarter, Section 7, Township 49 North, Range 18 West (parcel ID number 92-010-1240);

 

(11) the Southwest Quarter of the Northeast Quarter, Section 10, Township 49 North, Range 18 West (parcel ID number 92-010-1600);

 

(12) the Northeast Quarter of the Northwest Quarter, Section 17, Township 49 North, Range 18 West (parcel ID number 92-010-2850);

 

(13) the Northwest Quarter of the Northwest Quarter, Section 17, Township 49 North, Range 18 West (parcel ID number 92-010-2860);

 

(14) the Northeast Quarter of the Northeast Quarter, Section 18, Township 49 North, Range 18 West (parcel ID number 92-010-2990);

 

(15) part of the Northwest Quarter of the Northeast Quarter, Section 18, Township 49 North, Range 18 West (parcel ID number 92-010-3000);

 

(16) the Southwest Quarter of the Northeast Quarter, Section 18, Township 49 North, Range 18 West (parcel ID number 92-010-3010);

 

(17) the Northwest Quarter of the Southeast Quarter, Section 18, Township 49 North, Range 18 West (parcel ID number 92-010-3120);

 

(18) the Southwest Quarter of the Southeast Quarter, Section 18, Township 49 North, Range 18 West (parcel ID number 92-010-3130);

 

(19) the Southwest Quarter of the Northwest Quarter, Section 19, Township 49 North, Range 18 West (parcel ID number 92-010-3210);


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(20) the Northwest Quarter of the Southwest Quarter, Section 19, Township 49 North, Range 18 West (parcel ID number 92-010-3240);

 

(21) the Southeast Quarter of the Northwest Quarter, Section 20, Township 49 North, Range 18 West (parcel ID number 92-010-3380);

 

(22) the Northeast Quarter of the Southwest Quarter, Section 20, Township 49 North, Range 18 West (parcel ID number 92-010-3390);

 

(23) the Southeast Quarter of the Southeast Quarter, Section 29, Township 49 North, Range 18 West (parcel ID number 92-034-5600);

 

(24) Government Lot 1, Section 30, Township 49 North, Range 18 West (parcel ID number 92-034-5660);

 

(25) Government Lot 7, Section 30, Township 49 North, Range 18 West (parcel ID number 92-034-5730);

 

(26) the Southwest Quarter of the Southwest Quarter, Section 26, Township 49 North, Range 19 West (parcel ID number 94-040-4090);

 

(27) the Northwest Quarter of the Southeast Quarter, Section 35, Township 49 North, Range 19 West (parcel ID number 94-052-5570);

 

(28) part of the Southeast Quarter of the Southwest Quarter, Section 36, Township 49 North, Range 19 West (parcel ID number 94-052-5700); and

 

(29) the Southeast Quarter of the Northwest Quarter, Section 3, Township 48 North, Range 18 West (parcel ID number 98-010-0530).

 

(e) The county has determined that the county's land management interests would best be served if the lands were to return to private ownership.

 

Sec. 13.  PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CASS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural resources may sell by public sale the surplus land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Cass County and is described as:  That part of Government Lot 4, Section 8, Township 140 North, Range 31 West, Cass County, Minnesota, lying southerly and westerly of the following described lines:  Commencing at the southeast corner of said Government Lot 4; thence North 01 degree 39 minutes 59 seconds West on an assumed bearing along the east line of said Government Lot 4 a distance of 420.54 feet to the POINT OF BEGINNING; thence North 87 degrees 57 minutes 14 seconds West, a distance of 481.15 feet; thence southwesterly along a tangential curve concave to the southeast having a radius of 145.00 feet, a central angle of 69 degrees 00 minutes 00 seconds, for a distance of 174.61 feet; thence South 23 degrees 02 minutes 46 seconds West, tangent to said curve, a distance of 255 feet, more or less, to the centerline of the old County Road; thence northwesterly, westerly, and southwesterly a distance of 520 feet along said centerline to the point of intersection with the centerline of County State-Aid Highway 6; thence northwesterly a distance of 414.53 feet along the centerline of said County State-Aid Highway 6 to the point of intersection with the west line of said Government Lot 4 and there terminating.  Containing 11.16 acres, more or less.


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(d) The land borders Ten Mile Lake.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes.

 

Sec. 14.  PRIVATE SALE OF SURPLUS STATE LAND; DOUGLAS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may sell by private sale the surplus land that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Douglas County and is described as:  That part of the North Half of the Southeast Quarter, Section 32, Township 130 North, Range 37 West, Douglas County, Minnesota, lying westerly of the following described centerline:  Beginning at the South Quarter corner of said Section 32; thence North 00 degrees 35 minutes 06 seconds West, along the centerline of Chicago Club Lane, a distance of 2,576.19 feet (the south line of the Southwest Quarter of said Section 32 has an assumed bearing of South 89 degrees 52 minutes 29 seconds West); thence northwesterly 110.40 feet, along said centerline on a tangential curve concave to the southwest, having a radius of 105.00 feet and a central angle of 60 degrees 14 minutes 31 seconds to the north line of said North Half of the Southeast Quarter and said centerline there terminating.  Containing 1.77 acres, more or less.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to the adjacent landowner to improve access to the landowner's property.

 

Sec. 15.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; DOUGLAS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Douglas County and is described as:  That part of Government Lot 3 of Section 21, Township 130, Range 37, Douglas County, Minnesota, described as follows:  Beginning at the northeast corner of Lot 12, Block 1, SECOND ADDITION TO TAMARACK SHORES, according to the recorded plat thereof; thence northeasterly along nontangential 223.07 foot radius curve, which center of circle bears South 51 degrees 57 minutes 52 seconds East from said point, (assuming the north line of said Lot 12 bears South 84 degrees 25 minutes 56 seconds West) central angle 25 degrees 45 minutes 18 seconds, 100.27 feet; thence South 82 degrees 58 minutes 34 seconds West 401 feet more or less to the shoreline of Lake Miltona; thence southerly along said lake, 50 feet more or less to the northerly most line of said Lot 12; thence North 84 degrees 25 minutes 56 seconds East, along said north line, 315 feet more or less to the point of beginning.  Containing 0.40 acres, more or less.

 

(d) The land borders Lake Miltona.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to the holders of the existing easement across the property for access and egress to Lake Miltona.


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Sec. 16.  PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.

 

(a) Notwithstanding the classification and public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell by private sale to the adjoining landowner the consolidated conservation lands that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land to be sold is in Itasca County and is described as:  the East 100 feet of the Northeast Quarter of the Northeast Quarter of Section 28, Township 62 North, Range 24 West.

 

(d) The land sale will resolve a building encroachment with the adjacent landowner.

 

Sec. 17.  SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; ITASCA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell by private sale to the adjoining landowner the tax-forfeited lands bordering public waters that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land to be sold is in Itasca County and is described as: 

 

(1) that part of the North Half of the South Half of Lot 2, lying east of County State-Aid Highway 39, Section 27, Township 145, Range 26; and

 

(2) that part of the Southwest Quarter of the Northwest Quarter lying east of Trunk Highway 6, Section 35, Township 146, Range 25.

 

(d) The county has determined that the county's land management interests would be best served if the lands are returned to private ownership.

 

Sec. 18.  PRIVATE SALE OF TAX-FORFEITED LAND; LAKE COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Lake County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Lake County and is described as: 

 

(1) an 1/2 undivided interest in the Southeast Quarter of the Southeast Quarter, Section 19, Township 63 North, Range 11 West; and

 

(2) the West 330 feet of the Southwest Quarter of the Northeast Quarter, Section 4, Township 57 North, Range 7 West. 


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(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 19.  PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; MARSHALL COUNTY.

 

(a) Notwithstanding the classification and public sale provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private sale the consolidated conservation lands that are described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The commissioner may sell the land to a local unit of government for less than the value of the land as determined by the commissioner, but the conveyance must provide that the land described in paragraph (c) be used for the public and reverts to the state if the local unit of government fails to provide for public use or abandons the public use of the land.  Proceeds shall be disposed of according to Minnesota Statutes, chapter 84A.

 

(c) The land that may be sold is located in Marshall County and is described as:  That part of the Southwest Quarter of the Southeast Quarter of Section 33, Township 155 North, Range 39 West, Marshall County, Minnesota, described as follows:  Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter being marked by a 3/4" by 24" rebar with plastic cap stamped "MN DNR LS 17005" (DNR monument); thence on a bearing based on the 1983 Marshall County Coordinate System of North 89 degrees 27 minutes 31 seconds East along the south line of said Southwest Quarter of the Southeast Quarter 400.00 feet to a DNR monument and the point of beginning of the parcel to be described; thence at a right angle to the said south line of the Southwest Quarter of the Southeast Quarter North 00 degrees 32 minutes 29 seconds West 208.71 feet to a DNR monument; thence North 89 degrees 27 minutes 31 seconds East parallel with said south line of the Southwest Quarter of the Southeast Quarter 208.71 feet to a DNR monument; thence at a right angle South 00 degrees 32 minutes 29 seconds East 208.71 feet to the south line of said Southwest Quarter of the Southeast Quarter and a DNR monument; thence South 89 degrees 27 minutes 31 seconds West along the south line of said Southwest Quarter of the Southeast Quarter 208.71 feet to the point of beginning, containing 1.0 acre, more or less.

 

(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes.  A township cemetery is located on the land.

 

Sec. 20.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; OTTER TAIL COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land that may be sold is located in Otter Tail County and is described as:  That part of Government Lot 3, Section 15, Township 131 North, Range 40 West, Otter Tail County, Minnesota, bounded by the following described lines:  Commencing at the southeast corner of said Government Lot 3; thence North 00 degrees 00 minutes 00 seconds East 979.6 feet on and along the east line of said Government Lot 3 to the point of beginning of that particular tract of land conveyed to the State of Minnesota and filed for record on October 21, 1964, in Book 388 of Deeds page 23; thence continuing North 00 degrees 00 minutes 00 seconds East 79.5 feet on and along the east line of said Government Lot 3; thence South 84 degrees 44 minutes 00 seconds West 279.1 feet to a spike set at an angle point of said tract of land and the POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED; thence North 13 degrees 01 minute 00 seconds West 92 feet, more or less, along the east line of said tract of land,


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hereinafter described as "Line A," to the water's edge of Eagle Lake and there terminating.  And again from the point of beginning; thence South 84 degrees 44 minutes 00 seconds West 7.07 feet; thence North 13 degrees 01 minutes 00 seconds West 94 feet, more or less, along a line parallel with and 7 feet westerly of, measured at right angles to said "Line A" to the water's edge of Eagle Lake and there terminating.  Containing 0.02 acre, more or less.

 

(d) The land borders Eagle Lake.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to an adjacent landowner to resolve an inadvertent trespass.

 

Sec. 21.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; PINE COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Pine County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general for not less than the appraised value of the land.  The attorney general may make necessary changes to the legal descriptions to correct errors and ensure accuracy.  Prior to the sales, the commissioner of revenue shall grant permanent conservation easements according to Minnesota Statutes, section 282.37, on the parcels described in paragraph (c), clauses (5), (10), and (11).  The easements for the parcels described in paragraph (c), clauses (5), (10), and (11), shall be 66 feet in width on each side of the centerline of the streams to provide riparian protection and angler access.  The parcels of land described in paragraph (c), clauses (8) and (9), shall be combined and sold as a single parcel.

 

(c) The lands to be sold are located in Pine County and are described as: 

 

(1) Northeast Quarter of the Northwest Quarter Fractional, Section 5, Township 41 North, Range 19 West (property ID number 01.0022.000);

 

(2) Southwest Quarter of the Northwest Quarter, Section 4, Township 44 North, Range 21 West (property ID number 05.0040.000);

 

(3) Southeast Quarter of the Northwest Quarter, Section 24, Township 40 North, Range 22 West (property ID number 06.0201.000);

 

(4) East Half of the East Half of the Southeast Quarter, Section 21, Township 44 North, Range 18 West (property ID number 07.0275.000);

 

(5) North Half of the Northeast Quarter, Section 15, Township 41 North, Range 18 West (property ID number 09.0123.000);

 

(6) West Half of the Southeast Quarter, Section 19, Township 42 North, Range 18 West (property ID number 11.0118.002);

 

(7) part of the Southwest Quarter of the Southwest Quarter described as follows:  Start from the northwest corner; thence 440 feet South to point of beginning; thence 1,320 feet East; thence 550 feet South; thence 1,320 feet West; thence 550 feet North to the point of beginning, Section 2, Township 42 North, Range 21 West (property ID number 12.0087.000);

 

(8) Southwest Quarter of the Northwest Quarter, less the North 1 rod, Section 28, Township 42 North, Range 21 West (property ID number 12.0428.000);


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(9) North 1 rod of the Southwest Quarter of the Northwest Quarter, Section 28, Township 42 North, Range 21 West (property ID number 12.0429.000);

 

(10) South Half of the Southwest Quarter, Section 7, Township 43 North, Range 18 West (property ID number 14.0055.000);

 

(11) North Half of the North Half of the Southwest Quarter of the Southwest Quarter, Section 33, Township 43 North, Range 18 West (property ID number 14.0248.001);

 

(12) Northwest Quarter of the Southeast Quarter, Section 34, Township 45 North, Range 18 West (property ID number 16.0395.000);

 

(13) that part of the Southeast Quarter of the Southeast Quarter described as follows:  Start from the southwest corner of the Southeast Quarter of the Southeast Quarter; thence 1,320 feet North to a point; thence 165 feet East to a point; thence 1,320 feet South to a point; thence 165 feet West to the point of beginning, Section 20, Township 45 North, Range 18 West (property ID number 16.0212.000);

 

(14) part of the Southeast Quarter of the Southeast Quarter described as follows:  Start from the southwest corner; thence East 165 feet to beginning; thence North 1,320 feet; thence East 165 feet; thence South 1,320 feet; thence West 165 feet to the point of beginning, Section 20, Township 45 North, Range 18 West (property ID number 16.0217.000);

 

(15) West Half of the Southwest Quarter of the Northwest Quarter, Section 13, Township 40 North, Range 21 West (property ID number 18.0098.000);

 

(16) part of the Northeast Quarter of the Northeast Quarter described as follows:  Start from the northeast corner of the Southeast Quarter of the Northeast Quarter; thence South 1,100 feet to beginning; thence West 1,320 feet; thence South 220 feet; thence East 1,320 feet; thence 220 feet North to the point of beginning, Section 3, Township 44 North, Range 19 West (property ID number 22.0058.000);

 

(17) part of the Northeast Quarter of the Northeast Quarter described as follows:  Start from the northeast corner of the Southeast Quarter of the Northeast Quarter; thence South 889 feet to beginning; thence West 1,320 feet; thence South 220 feet; thence East 1,320 feet; thence North 220 feet to the point of beginning, Section 3, Township 44 North, Range 19 West (property ID number 22.0068.000);

 

(18) part of the Southeast Quarter of the Northeast Quarter described as follows:  Start from the northeast corner of the Southeast Quarter of the Northeast Quarter; thence West 1,320 feet; thence South 220 feet; thence East 1,320 feet; thence North 220 feet to the point of beginning, Section 3, Township 44 North, Range 19 West (property ID number 22.0066.000);

 

(19) Government Lot 2, Section 35, Township 43 North, Range 21 West (property ID number 27.0523.000);

 

(20) East Half of the Southwest Quarter, Section 29, Township 43 North, Range 21 West (property ID number 27.0447.000);

 

(21) South Half of the Southeast Quarter, Section 30, Township 43 North, Range 21 West (property ID number 27.0453.000);

 

(22) Northeast Quarter of the Northeast Quarter, less the South Half of the South Half of the Northeast Quarter of the Northeast Quarter, Section 31, Township 43 North, Range 21 West (property ID number 27.0457.000);


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(23) Northwest Quarter of the Southeast Quarter, Section 13, Township 42 North, Range 19 West (property ID number 30.0132.000);

 

(24) West Half of the Northeast Quarter, Section 24, Township 42 North, Range 19 West (property ID number 30.0229.000);

 

(25) Southwest Quarter of the Southeast Quarter, Section 24, Township 42 North, Range 19 West (property ID number 30.0236.000);

 

(26) West Half of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter, Section 29, Township 42 North, Range 19 West (property ID number 30.0291.000);

 

(27) East Half of the Southeast Quarter, Section 30, Township 42 North, Range 19 West (property ID number 30.0295.000); and

 

(28) Government Lot 1, Section 35, Township 45 North, Range 19 West (property ID number 33.0849.001).

 

(d) The county has determined that the county's land management interests would be best served if the lands were to return to private ownership.

 

Sec. 22.  PUBLIC OR PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; PINE COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Pine County may sell by public or private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyance must be in a form approved by the attorney general for not less than the appraised value of the land.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The conveyance of land must contain a deed restriction on development and vegetation removal that is 75 feet in width along the shoreline, excluding a 15-foot access strip.

 

(c) The land to be sold in Pine County is described as:  That part of Government Lot 3 lying West of the following described line:  Commencing at the northeast corner of Government Lot 5, said corner being the center of Section 21; thence bearing North 89 degrees 58 minutes 30 seconds West on the quarter section line a distance of 712.04 feet to the point of beginning of the line to be herein described; thence bearing North 22 degrees 37 minutes 30 seconds West a distance of 285 feet, more or less, to the shore of Sturgeon Lake and there terminating, all in Section 21, Township 45 North, Range 19 West (property ID number 33.0669.000).

 

(d) The county has determined that the county's land management interests would be best served if the lands were to return to private ownership.

 

Sec. 23.  PRIVATE SALE OF TAX-FORFEITED LAND; PINE COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary and upon completion of a land exchange, Pine County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.


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(c) The land to be sold is located in Pine County and is described as:  that part of the Southeast Quarter of the Southeast Quarter of Section 11, Township 42 North, Range 17 West, Wilma Township, Pine County, Minnesota which lies East of the centerline of as built Schmedeke Lane, said centerline hereinafter called Line "A".  Description of Line "A":  Assuming that the south line of the said Southeast Quarter of the Southeast Quarter of Section 11 to bear North 89 degrees 00 minutes 28 seconds West and commencing at the southeast corner of said Section 11; thence North 89 degrees 00 minutes 28 seconds West, along the south line of said Southeast Quarter of the Southeast Quarter of Section 11, a distance of 57.10 U.S. survey feet to the point of beginning of said centerline of as built Schmedeke Lane; thence North 02 degrees 28 minutes 18 seconds West, a distance of 927.30 U.S. survey feet; thence North 03 degrees 56 minutes 22 seconds West, a distance of 316.10 U.S. survey feet; thence North 01 degrees 31 minutes 43 seconds East, a distance of 96.18 U.S. survey feet to the north line of said Southeast Quarter of the Southeast Quarter of Section 11 and Line "A" there terminating.  Subject to an easement for Pine County Road Number 141.  Said easement lies South of a line run parallel with and 33.00 feet North of the south line of said Southeast Quarter of the Southeast Quarter of Section 11.  The sideline of said easement is to be prolonged or shortened to terminate on the east line of said Southeast Quarter of the Southeast Quarter of Section 11.  Subject to an easement for as built Schmedeke Lane.  Said easement lies West of a line run parallel with and 16.50 feet East of said centerline called Line "A".  The sideline of said easement is to be prolonged or shortened to terminate on the north line of said Southeast Quarter of the Southeast Quarter of Section 11.

 

(d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership.

 

Sec. 24.  PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in St. Louis County and are described as: 

 

(1) Lots 1 and 3, Block 3, Central Division of West Duluth, Section 7, Township 49 North, Range 14 West (parcel number 010-0420-00240);

 

(2) Lots 5 to 9 odd-numbered lots, Block 3, Central Division of West Duluth, Section 7, Township 49 North, Range 14 West (parcel number 010-0420-00260);

 

(3) that part of Lot 13, Block 3, described as follows:  Commencing at the northwest corner; running thence East 23 feet; thence southwesterly to the west line of said lot; thence North along said lot 9 feet to the place of beginning, Section 7, Township 49 North, Range 14 West (parcel number 010-0420-00290);

 

(4) part of Lots 97, 99, and 101, Block 137, Duluth Proper Third Division, Section 28, Township 50 North, Range 14 West (parcel number 010-1350-10560);

 

(5) part of that part of the Southeast Quarter described as follows:  Commencing at a point 20 rods West of the northeast corner of the Southeast Quarter of said Section 6; thence westerly along the northerly line of said quarter section 8 rods; thence South at right angles with last mentioned line 20 rods; thence East 8 rods; thence North 20 rods to the place of beginning.  One acre, except that part adjoining Lots 1, 2, and 3, Block 11, Resurvey of Murray and Howes Addition, lying South of the south line of the 8th Street extension, Section 6, Township 49 North, Range 14 West (parcel number 010-2700-00320);


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(6) Lot 14, Block 1, including that part of the vacant alley adjacent, Riverside Park, 2nd Addition to Duluth, Section 27, Township 49 North, Range 15 West (parcel number 010-3980-00140);

 

(7) Lot 15, Block 1, including part of the vacant alley adjacent, Riverside Park, 2nd Addition to Duluth, Section 27, Township 49 North, Range 15 West (parcel number 010-3980-00150); and

 

(8) Lot 16, Block 1, including part of the vacant alley adjacent, Riverside Park, 2nd Addition to Duluth, Section 27, Township 49 North, Range 15 West (parcel number 010-3980-00160).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 25.  PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County may sell the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in St. Louis County and are described as: 

 

(1) the West 133 feet of the Southwest Quarter of the Southwest Quarter, except the South 110 feet, Section 16, Township 50 North, Range 14 West (parcel number 010-2710-04090);

 

(2) the Southwest Quarter of the Southwest Quarter of the Southwest Quarter, except the West 133 feet, Section 16, Township 50 North, Range 14 West (parcel number 010-2710-04100);

 

(3) the Northeast Quarter of the Northeast Quarter, Section 10, Township 50 North, Range 17 West (parcel number 275-0013-00220).  Conveyance of this land must provide, for no consideration, an easement to the state that is 66 feet in width from the ordinary high water level, to provide riparian protection and angler access;

 

(4) the Northeast Quarter of the Northwest Quarter, except that part West of the road, Section 25, Township 53 North, Range 21 West (parcel number 285-0010-03900);

 

(5) that part of the Southeast Quarter of the Southeast Quarter lying North and West of the East Two River, Section 4, Township 57 North, Range 18 West (parcel number 295-0013-00220).  Conveyance of this land must provide, for no consideration, an easement to the state that is 132 feet in width, lying 66 feet on each side of the centerline of the river, to provide riparian protection and angler access;

 

(6) the Northeast Quarter of the Northwest Quarter, Section 17, Township 55 North, Range 16 West (parcel number 320-0010-2630);

 

(7) the Northeast Quarter of the Southeast Quarter, Section 13, Township 55 North, Range 17 West (parcel number 320-0020-02070);

 

(8) all of Lot 20 and the easterly Half of Lot 21, Michaels Beach, Town of Ellsburg, Section 6, Township 55 North, Range 17 West (parcel number 320-0100-00200);


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(9) the Northeast Quarter of the Southwest Quarter, except that part subject to flowage rights, Section 28, Township 52 North, Range 15 West (parcel number 365-0010-05120);

 

(10) Lot 7, plat of Grand Lake, except that part platted as Klimeks Addition, Section 31, Township 51 North, Range 16 West (parcel number 380-0010-06000);

 

(11) Lot 5, plat of Grand Lake, Section 31, Township 51 North, Range 16 West (parcel number 380-0010-06030);

 

(12) Lot 3, Section 34, Township 51 North, Range 16 West (parcel number 380-0010-06870).  Conveyance of this land must provide, for no consideration, an easement to the state that is 66 feet in width from the ordinary high water level, to provide riparian protection and angler access.  One 15-foot strip is allowed for lake access and a dock;

 

(13) the North Half of the Southwest Quarter, except the North Half of the South Half and except the North Half and Lot 6, Section 6, Township 52 North, Range 19 West (parcel number 470-0010-00940).  Conveyance of this land must provide, for no consideration, an easement to the state that is 66 feet in width from the ordinary high water level, to provide riparian protection and angler access;

 

(14) the Southwest Quarter of the Southeast Quarter, Section 10, Township 52 North, Range 17 West (parcel number 475-0010-01630).  Conveyance of this land must provide, for no consideration, an easement to the state that is 132 feet in width, lying 66 feet on each side of the centerline of the stream, to provide riparian protection and angler access;

 

(15) Lot 12, Riverside Suburban Homes, town of Rice Lake, Section 24, Township 51 North, Range 14 West (parcel number 520-0190-00120).  Conveyance of this land must provide, for no consideration, an easement to the state that is 132 feet in width, lying 66 feet on each side of the centerline of the stream, to provide riparian protection and angler access;

 

(16) Lots 13 to 16, Riverside Suburban Homes, town of Rice Lake, Section 24, Township 51 North, Range 14 West (parcel number 520-0190-00130).  Conveyance of this land must provide, for no consideration, an easement to the state that is 132 feet in width, lying 66 feet on each side of the centerline of the stream, to provide riparian protection and angler access;

 

(17) the Northeast Quarter of the Northwest Quarter, Section 28, Township 50 North, Range 16 West (parcel number 530-0010-05250); and

 

(18) Lot 2, Section 5, Township 53 North, Range 16 West (parcel number 673-0010-0070).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 26.  PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell by private sale the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.


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(c) The lands to be sold are located in St. Louis County and are described as: 

 

(1) the West Half of the East Half of the West Half of the Southwest Quarter of the Northwest Quarter, Section 5, Township 54 North, Range 16 West (parcel number 305-0010-00757);

 

(2) the easterly 600 feet of Lot 2, plat of Grand Lake, lying south of the North 1200 feet, Section 25, Township 52 North, Range 16 West (parcel number 380-0020-04127).  Conveyance of this land must provide, for no consideration, an easement to the state that is 66 feet in width from the ordinary high water level, to provide riparian protection and angler access;

 

(3) Lot 3, Town Park Terrace, Hermantown, Section 16, Township 50 North, Range 15 West (parcel number 395-0180-00030).  Conveyance of this land must provide, for no consideration, an easement to the state that is 132 feet in width, lying 66 feet on each side of the centerline of the stream, to provide riparian protection and angler access;

 

(4) an undivided 1/2 interest of the Southwest Quarter of the Northwest Quarter, Section 12, Township 55 North, Range 20 West (parcel number 420-0030-01880).  Conveyance of this land must provide, for no consideration, an easement to the state that is 132 feet in width, lying 66 feet on each side of the centerline of the river, to provide riparian protection and angler access;

 

(5) that part of the Southeast Quarter of the Southeast Quarter described as follows:  Beginning 205 feet East of the southwest corner of the Southeast Quarter of the Southeast Quarter; running thence North 208 feet; thence East 130 feet; thence southerly along the center of Rock Creek to the south line of said forty; thence West 165 feet to the point of beginning, Section 29, Township 55 North, Range 18 West (parcel number 435-0020-05430); and

 

(6) that part of Lot 7 lying southwesterly of the westerly line of the Alborn Branch of the Duluth, Missabe and Iron Range Railway, Section 5, Township 53 North, Range 19 West (parcel number 440-0010-00505).  Conveyance of this land must provide, for no consideration, an easement to the state that is 66 feet in width from the ordinary high water level, to provide riparian protection and angler access.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 27.  PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; WATONWAN COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus land bordering public water that is described in paragraph (c).  Notwithstanding Minnesota Statutes, section 97A.135, subdivision 2a, the surplus land described in paragraph (c) is vacated from the Watline Wildlife Management Area upon sale.

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.  The conveyance may include reservation of an easement for public hunting, prairie management, and seed harvest.

 

(c) The land that may be sold is located in Watonwan County and is described as: 

 

(1) in Township 105 North, Range 32 West: 

 

A strip of land 100 feet in width extending over and across the East Half of the Northwest Quarter of Section 3, said strip of land being 50 feet in width on each side of the centerline of the main track (now removed) of the Minneapolis and St. Louis Railway Company (now Chicago and North Western Railway Company), as said main track centerline was originally located and established over and across said Section 3.


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ALSO:  A strip of land 100 feet in width extending over and across the Southwest Quarter of said Section 3, said strip of land being 50 feet in width on each side of said original main track centerline.  EXCEPTING THEREFROM: 

 

That part lying between the easterly extension of the north line of Main Street in Echols and a line drawn at right angles to the southeasterly line of Railroad Avenue at a point thereon distant 575 feet southwesterly from its intersection with said easterly extension of the north line of Main Street.

 

ALSO:  A strip of land 100 feet in width extending over and across the Southeast Quarter of the Southeast Quarter of Section 9; the West Half of the Northwest Quarter, the Northwest Quarter of the Southwest Quarter, and Government Lot 4 of Section 10; the East Half of the East Half of Section 16; the Northeast Quarter and the West Half of the Southeast Quarter of Section 21; the West Half of the Northeast Quarter, the Southeast Quarter of the Northwest Quarter, and the East Half of the Southwest Quarter of Section 28; the Northwest Quarter and the North Half of the Southwest Quarter of Section 33, said strip of land being 50 feet in width on each side of said original main track centerline.

 

ALSO:  A strip of land 50 feet in width lying northwesterly of and adjoining said above described 100 foot wide strip of land and in the Northeast Quarter of said Section 21, and lying between lines drawn at right angles to said original main track centerline at points thereon distant 21 feet and 1,321 feet, respectively, northeasterly, from its intersection with the south line of said Northeast Quarter of Section 21.

 

Containing a total of 67.52 acres, more or less; and

 

(2) in Township 106 North, Range 32 West: 

 

A strip of land 100 feet in width extending over and across the Southeast Quarter of the Northeast Quarter and the East Half of the Southeast Quarter of Section 22; Lot E and Lots 1 and 2 of Lot B of Melvill's Subdivision and Government Lot 2 of Section 23; said strip of land being 50 feet in width on each side of said original main track centerline.

 

ALSO:  A strip of land 100 feet in width extending over and across that part of Lot C and Lot 3 of Lot B of Melvill's Subdivision of said Section 23 lying southerly of the southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railway Company, said strip of land being 50 feet in width on each side of said original main track centerline.

 

ALSO:  A strip of land 100 feet in width extending over and across the Northeast Quarter and the West Half of the Southeast Quarter of Section 27; the West Half of the Northeast Quarter, the Southeast Quarter of the Northwest Quarter, and the East Half of the Southwest Quarter of Section 34, said strip of land being 50 feet in width on each side of said original main tract centerline.

 

AND EXCEPTING:  Parcel 232A transferred to MN DOT described as: 

 

That part of the Southeast Quarter of the Southeast Quarter of Section 22, the Northeast Quarter and the Northwest Quarter of the Southeast Quarter, both in Section 27, all in Township 106 North, Range 32 West, shown as Parcel 232A on the plat designated as State Highway Right of Way Plat No. 83-2 on file and of record in the Office of the Register of Deeds in and for Watonwan County, Minnesota; containing 7.25 acres, more or less.

 

Containing a total of 32.23 acres, more or less.

 

(d) The land is part of the former right-of-way of the Minneapolis and St. Louis Railway Company.  The land borders Long Lake and St. James Lake and crosses St. James Creek and the South Fork of the Watonwan River.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to a local unit of government for trail use.


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Sec. 28.  CONVEYANCE OF STATE LAND; WINONA COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.287, 92.45, 161.43, and 161.44, or any other law to the contrary, the commissioner of transportation may convey to the United States Fish and Wildlife Service all right, title, and interest of the state of Minnesota, in the land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.  The conveyance may take place only upon completion of the Dresbach bridge project, state project number 8580-149.

 

(c) The land to be conveyed is located in Winona County and is described as:  That part of Alcorn Island located along the south side of marked Interstate Highway 90 from mile point 276.52 easterly to the westerly shoreline of the main channel of the Mississippi River.  The majority of the site is in Government Lot 4, Section 34, Township 105 North, Range 4 West, and in Government Lot 5, Section 33, Township 105 North, Range 4 West.  The overall site is approximately 1.4 acres.

 

Sec. 29.  EFFECTIVE DATE.

 

Sections 9 to 28 are effective the day following final enactment."

 

Delete the title and insert: 

 

"A bill for an act relating to state lands; modifying disposition of certain receipts; adding to and deleting from state parks, state recreation areas, state forests, and state wildlife management areas; modifying Mississippi River management plan; authorizing public and private sales and conveyances of certain state lands; amending Minnesota Statutes 2010, sections 85.052, subdivision 4; 89.021, subdivision 48."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 1269, A bill for an act relating to public officials; changing a definition in the campaign finance and public disclosure law; amending Minnesota Statutes 2010, section 10A.01, subdivision 35.

 

Reported the same back with the following amendments: 

 

Page 2, line 20, delete the new language and strike the old language

 

Page 2, line 21, delete "(21)" and insert "(20)"

 

Page 2, line 22, delete "(22)" and insert "(21)"

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2433

Beard from the Committee on Transportation Policy and Finance to which was referred: 

 

H. F. No. 1361, A bill for an act relating to motor vehicles; modifying definition of public impound lot; amending Minnesota Statutes 2010, section 168B.011, subdivision 12.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 168B.011, subdivision 12, is amended to read: 

 

Subd. 12.  Public impound lot.  "Public impound lot" means an impound lot owned by or contracting with exclusively contracted solely for public use by a unit of government under section 168B.09."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Peppin from the Committee on Government Operations and Elections to which was referred: 

 

H. F. No. 1411, A bill for an act relating to state government; changing a provision in geospatial advisory council and extending the expiration date; amending Minnesota Statutes 2010, section 16B.99, subdivision 8; repealing Minnesota Statutes 2010, section 16B.99, subdivision 9.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 16B.99, subdivision 8, is amended to read: 

 

Subd. 8.  Geospatial advisory councils created.  The chief geospatial information officer must establish a governance structure that includes advisory councils to provide recommendations for improving the operations and management of geospatial technology within state government and also on issues of importance to users of geospatial technology throughout the state.

 

(a) A statewide geospatial advisory council must advise the Minnesota Geospatial Information Office regarding the improvement of services statewide through the coordinated, affordable, reliable, and effective use of geospatial technology.  The commissioner of administration must appoint the members of the council.  The members must represent a cross-section of organizations including counties, cities, universities, business, nonprofit organizations, federal agencies, tribal governments, and state agencies.  No more than 20 percent of the members may be employees of a state agency.  In addition, the chief geospatial information officer must be a nonvoting member.

 

(b) A state government geospatial advisory council must advise the Minnesota Geospatial Information Office on issues concerning improving state government services through the coordinated, affordable, reliable, and effective use of geospatial technology.  The commissioner of administration must appoint the members of the council.  The members must represent designate up to 15 state government agencies and constitutional offices, including the Office of Enterprise Technology and the Minnesota Geospatial Information Office, to be represented on the council.  The council must be chaired by the chief geographic information officer.  A representative of the statewide geospatial advisory council must serve as a nonvoting member.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2434

(c) Members of both the statewide geospatial advisory council and the state government advisory council must be recommended by a process that ensures that each member is designated to represent a clearly identified agency or interested party category and that complies.  Members of the statewide geospatial advisory council must be selected in compliance with the state's open appointment process.  Members of the state government geospatial advisory council must be appointed by the heads of their respective agencies or constitutional offices.  Members shall serve a term of two years.

 

(d) The Minnesota Geospatial Information Office must provide administrative support for both geospatial advisory councils.

 

(e) This subdivision expires June 30, 2011 2015.

 

Sec. 2.  REPEALER.

 

Minnesota Statutes 2010, section 16B.99, subdivision 9, is repealed.

 

Sec. 3.  EFFECTIVE DATE.

 

Sections 1 and 2 are effective June 30, 2011."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Erickson from the Committee on Education Reform to which was referred: 

 

S. F. No. 170, A bill for an act relating to education; requiring teacher candidates to pass basic skills exam; amending Minnesota Statutes 2010, sections 122A.09, subdivision 4; 122A.18, subdivision 2.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 122A.09, subdivision 4, is amended to read: 

 

Subd. 4.  License and rules.  (a) The board must adopt rules to license public school teachers and interns subject to chapter 14.

 

(b) The board must adopt rules requiring a person to successfully complete pass a skills examination in reading, writing, and mathematics as a requirement for initial teacher licensure.  Such rules must require college and universities offering a board-approved teacher preparation program to provide offer remedial assistance to persons who did not achieve a qualifying score on the skills examination, including those for whom English is a second language.

 

(c) The board must adopt rules to approve teacher preparation programs.  The board, upon the request of a postsecondary student preparing for teacher licensure or a licensed graduate of a teacher preparation program, shall assist in resolving a dispute between the person and a postsecondary institution providing a teacher preparation program when the dispute involves an institution's recommendation for licensure affecting the person or the person's credentials.  At the board's discretion, assistance may include the application of chapter 14.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2435

(d) The board must provide the leadership and shall adopt rules for the redesign of teacher education programs to implement a research based, results-oriented curriculum that focuses on the skills teachers need in order to be effective.  The board shall implement new systems of teacher preparation program evaluation to assure program effectiveness based on proficiency of graduates in demonstrating attainment of program outcomes.

 

(e) The board must adopt rules requiring candidates for initial licenses to successfully complete pass an examination of general pedagogical knowledge and examinations of licensure-specific teaching skills.  The rules shall be effective by September 1, 2001.  The rules under this paragraph also must require candidates for initial licenses to teach prekindergarten or elementary students to successfully complete pass, as part of the examination of licensure-specific teaching skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive, scientifically based reading instruction under section 122A.06, subdivision 4, and their knowledge and understanding of the foundations of reading development, the development of reading comprehension, and reading assessment and instruction, and their ability to integrate that knowledge and understanding.

 

(f) The board must adopt rules requiring teacher educators to work directly with elementary or secondary school teachers in elementary or secondary schools to obtain periodic exposure to the elementary or secondary teaching environment.

 

(g) The board must grant licenses to interns and to candidates for initial licenses.

 

(h) The board must design and implement an assessment system which requires a candidate for an initial license and first continuing license to demonstrate the abilities necessary to perform selected, representative teaching tasks at appropriate levels.

 

(i) The board must receive recommendations from local committees as established by the board for the renewal of teaching licenses.

 

(j) The board must grant life licenses to those who qualify according to requirements established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 214.10.  The board must not establish any expiration date for application for life licenses.

 

(k) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in the areas of using positive behavior interventions and in accommodating, modifying, and adapting curricula, materials, and strategies to appropriately meet the needs of individual students and ensure adequate progress toward the state's graduation rule.

 

(l) In adopting rules to license public school teachers who provide health-related services for disabled children, the board shall adopt rules consistent with license or registration requirements of the commissioner of health and the health-related boards who license personnel who perform similar services outside of the school.

 

(m) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further reading preparation, consistent with section 122A.06, subdivision 4.  The rules do not take effect until they are approved by law.  Teachers who do not provide direct instruction including, at least, counselors, school psychologists, school nurses, school social workers, audiovisual directors and coordinators, and recreation personnel are exempt from this section.

 

(n) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in understanding the key warning signs of early-onset mental illness in children and adolescents.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2436

Sec. 2.  Minnesota Statutes 2010, section 122A.18, subdivision 2, is amended to read: 

 

Subd. 2.  Teacher and support personnel qualifications.  (a) The Board of Teaching must issue licenses under its jurisdiction to persons the board finds to be qualified and competent for their respective positions.

 

(b) The board must require a person to successfully complete pass an examination of skills in reading, writing, and mathematics before being granted an initial teaching license to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special education programs.  The board must require colleges and universities offering a board approved teacher preparation program to provide offer remedial assistance that includes a formal diagnostic component to persons enrolled in their institution who did not achieve a qualifying score on the skills examination, including those for whom English is a second language.  The colleges and universities must provide offer assistance in the specific academic areas of deficiency in which the person did not achieve a qualifying score.  The board must issue a one-year license to teach in Minnesota to an otherwise qualified person who completed a teacher preparation program outside the state of Minnesota, during which time that person must take and pass the state skills examination in reading, writing, and math.  School districts must provide similar offer, appropriate, and timely remedial assistance that includes a formal diagnostic component and mentoring to those persons employed by the district who completed their teacher education preparation program outside the state of Minnesota, received a one-year license to teach in Minnesota and did not achieve a qualifying score on the skills examination, including those persons for whom English is a second language.  The Board of Teaching shall report annually to the education committees of the legislature on the total number of teacher candidates during the most recent school year taking the skills examination, the number who achieve a qualifying score on the examination, the number who do not achieve a qualifying score on the examination, the distribution of all candidates' scores, the number of candidates who have taken the examination at least once before, and the number of candidates who have taken the examination at least once before and achieve a qualifying score.

 

(c) A person who has completed an approved teacher preparation program and obtained a one-year license to teach, but has not successfully completed the skills examination, may renew the one-year license for two additional one-year periods.  Each renewal of the one-year license is contingent upon the licensee: 

 

(1) providing evidence of participating in an approved remedial assistance program provided by a school district or postsecondary institution that includes a formal diagnostic component in the specific areas in which the licensee did not obtain qualifying scores; and

 

(2) attempting to successfully complete the skills examination during the period of each one-year license.

 

(d) (c) The Board of Teaching must grant continuing licenses only to those persons who have met board criteria for granting a continuing license, which includes successfully completing passing the skills examination in reading, writing, and mathematics.

 

(e) (d) All colleges and universities approved by the board of teaching to prepare persons for teacher licensure must include in their teacher preparation programs a common core of teaching knowledge and skills to be acquired by all persons recommended for teacher licensure.  This common core shall meet the standards developed by the interstate new teacher assessment and support consortium in its 1992 "model standards for beginning teacher licensing and development."  Amendments to standards adopted under this paragraph are covered by chapter 14.  The board of teaching shall report annually to the education committees of the legislature on the performance of teacher candidates on common core assessments of knowledge and skills under this paragraph during the most recent school year.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2437

Sec. 3.  Minnesota Statutes 2010, section 122A.23, subdivision 2, is amended to read: 

 

Subd. 2.  Applicants licensed in other states.  (a) Subject to the requirements of sections 122A.18, subdivision subdivisions 2, paragraph (b), and 8, and 123B.03, the Board of Teaching must issue a teaching license or a temporary teaching license under paragraphs (b) to (e) to an applicant who holds at least a baccalaureate degree from a regionally accredited college or university and holds or held a similar out-of-state teaching license that requires the applicant to successfully complete a teacher preparation program approved by the issuing state, which includes field-specific teaching methods and student teaching or essentially equivalent experience. 

 

(b) The Board of Teaching must issue a teaching license to an applicant who: 

 

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

 

(2) holds or held an out-of-state teaching license to teach the same content field and grade levels if the scope of the out-of-state license is no more than one grade level less than a similar Minnesota license.

 

(c) The Board of Teaching, consistent with board rules, must issue up to three one-year temporary teaching licenses to an applicant who holds or held an out-of-state teaching license to teach the same content field and grade levels, where the scope of the out-of-state license is no more than one grade level less than a similar Minnesota license, but has not successfully completed all exams and human relations preparation components required by the Board of Teaching.

 

(d) The Board of Teaching, consistent with board rules, must issue up to three one-year temporary teaching licenses to an applicant who: 

 

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

 

(2) holds or held an out-of-state teaching license to teach the same content field and grade levels, where the scope of the out-of-state license is no more than one grade level less than a similar Minnesota license, but has not completed field-specific teaching methods or student teaching or equivalent experience.

 

The applicant may complete field-specific teaching methods and student teaching or equivalent experience by successfully participating in a one-year school district mentorship program consistent with board-adopted standards of effective practice and Minnesota graduation requirements.

 

(e) The Board of Teaching must issue a temporary teaching license for a term of up to three years only in the content field or grade levels specified in the out-of-state license to an applicant who: 

 

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

 

(2) holds or held an out-of-state teaching license where the out-of-state license is more limited in the content field or grade levels than a similar Minnesota license.

 

(f) The Board of Teaching must not issue to an applicant more than three one-year temporary teaching licenses under this subdivision.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2438

(g) The Board of Teaching must not issue a license under this subdivision if the applicant has not attained the additional degrees, credentials, or licenses required in a particular licensure field."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 199, 462, 493, 506, 554, 563, 956, 966, 984, 1124, 1138, 1205, 1230, 1269, 1361 and 1411 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 86, 882 and 170 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Erickson introduced

 

H. F. No. 1495, A bill for an act relating to taxation; clarifying the timing of tax collection for rent-to-own or lease-to-own used vehicles; amending Minnesota Statutes 2010, section 297A.815, subdivision 1.

 

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

 

 

Runbeck introduced:

 

H. F. No. 1496, A bill for an act relating to taxation; repealing the job opportunity building zone program; amending Minnesota Statutes 2010, sections 270B.14, subdivision 3; 290.01, subdivisions 19b, 29; 290.091, subdivision 2; 290.0921, subdivision 3; 290.0922, subdivisions 2, 3; 297B.03; repealing Minnesota Statutes 2010, sections 272.02, subdivision 64; 272.029, subdivision 7; 289A.12, subdivision 15; 290.06, subdivision 29; 297A.68, subdivision 37; 469.310; 469.311; 469.312; 469.313; 469.314; 469.315; 469.316; 469.317; 469.318; 469.319; 469.3191; 469.3192; 469.3193; 469.3201.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2439

Shimanski introduced:

 

H. F. No. 1497, A bill for an act relating to state government; prohibiting grants to nonprofit groups in certain areas; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

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

 

 

Liebling introduced:

 

H. F. No. 1498, A bill for an act relating to human services; modifying human services agency provisions; modifying agency hearing and appeals provisions; creating the Disparities Reduction Advisory Council; amending Minnesota Statutes 2010, sections 256.045, subdivisions 3, 4; 256.0451, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 256.

 

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

 

 

Lenczewski, Howes, McNamara and Hausman introduced:

 

H. F. No. 1499, A bill for an act relating to capital investment; modifying appropriations and reducing a corresponding bond sale authorization for the Old Cedar Avenue Bridge; amending Laws 2006, chapter 258, section 17, subdivision 8, as amended; Laws 2008, chapter 365, section 4, subdivision 3, as amended; Laws 2010, chapter 189, section 16, subdivision 4.

 

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

 

 

Anderson, D., and Abeler introduced:

 

H. F. No. 1500, A bill for an act relating to human services; making changes to chemical and mental health services; making rate reforms; amending Minnesota Statutes 2010, sections 245.462, subdivision 8; 245.467, subdivision 2; 245A.03, subdivision 7; 253B.02, subdivision 9; 254B.03, subdivisions 5, 9; 254B.05; 254B.12; 254B.13, subdivision 3; 256.9693; 256B.0622, subdivision 8; 256B.0623, subdivisions 3, 8; 256B.0624, subdivisions 2, 4, 6; 256B.0625, subdivisions 23, 38; 256B.0926, subdivision 2; 256B.0947; repealing Minnesota Statutes 2010, sections 254B.01, subdivision 7; 256B.0622, subdivision 8a.

 

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

 

 

Shimanski, Rukavina, Hosch, Hamilton, Franson, Nornes, Gunther and Kriesel introduced:

 

H. F. No. 1501, A bill for an act relating to gambling; providing for electronic linked bingo; establishing electronic pull-tabs and video lottery terminals; amending Minnesota Statutes 2010, sections 297A.94; 299L.02, subdivision 1; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349.12, subdivisions 5, 12a, 25b, 25c, 25d, by adding subdivisions; 349.15, subdivision 1; 349.151, subdivision 4c, by adding a subdivision; 349.16, subdivision 7; 349.1635, subdivision 1; 349.17, subdivisions 6, 8; 349.18, subdivision 1; 349.211, subdivision 1a; 349A.01, subdivisions 10, 11, 12, by adding subdivisions; 349A.04; 349A.06, subdivisions 1, 5, 8, 10, by adding subdivisions; 349A.08, subdivisions 1, 5, 8; 349A.09, subdivision 1; 349A.10, subdivisions 2, 3, 4, 6; 349A.11, subdivision 1; 349A.12, subdivisions 1, 2; 349A.13; 541.20; 541.21; 609.651, subdivision 1; 609.75, subdivisions 3, 4; 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 297A; 349; 349A; repealing Minnesota Statutes 2010, sections 297E.01, subdivision 7; 297E.02, subdivisions 4, 6, 7.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2440

McDonald introduced:

 

H. F. No. 1502, A bill for an act relating to public safety; authorizing probation officers to conduct unannounced searches of persons on probation or pretrial release; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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

 

 

Greene; Slawik; Greiling; Hayden; Peterson, S.; Knuth and Davnie introduced:

 

H. F. No. 1503, A bill for an act relating to education finance; providing funding for voluntary full-day kindergarten; amending Minnesota Statutes 2010, section 126C.10, subdivision 1, by adding a subdivision.

 

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

 

 

Greene, Hausman, Champion and Hornstein introduced:

 

H. F. No. 1504, A bill for an act relating to capital investment; appropriating money for redevelopment of Peavey Plaza in Minneapolis; authorizing the sale and issuance of state bonds.

 

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

 

 

Hackbarth introduced:

 

H. F. No. 1505, A bill for an act relating to motor vehicles; establishing Start Seeing Motorcycles special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

Banaian and Lanning introduced:

 

H. F. No. 1506, A bill for an act relating to state government; assigning new duties to the Legislative Commission on Planning and Fiscal Policy; transferring duties from executive agencies; appropriating money; amending Minnesota Statutes 2010, sections 3.885, subdivisions 1, 5, by adding a subdivision; 3.98; 3.987, subdivision 1.

 

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

 

 

Banaian; Benson, M., and Stensrud introduced:

 

H. F. No. 1507, A bill for an act relating to retirement; all Minnesota public retirement plans other than lump sum volunteer fire plans; revising actuarial valuation interest rate assumptions; amending Minnesota Statutes 2010, sections 356.215, subdivision 8; 356.216.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2441

Schomacker introduced:

 

H. F. No. 1508, A bill for an act relating to health; changing provisions to resident case mix classification; amending Minnesota Statutes 2010, section 144.0724, subdivisions 2, 3, 4, 5, 6, 9, by adding a subdivision.

 

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

 

 

Torkelson introduced:

 

H. F. No. 1509, A bill for an act relating to environment; modifying Clean Water Partnership Law; amending Minnesota Statutes 2010, sections 17.117, subdivision 6a; 103F.705; 103F.711, subdivision 8; 103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735; 103F.741, subdivision 1; 103F.745; 103F.751; repealing Minnesota Statutes 2010, sections 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761.

 

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

 

 

Erickson introduced:

 

H. F. No. 1510, A bill for an act relating to education; making alternative compensation revenue available to school principals and assistant principals; proposing coding for new law in Minnesota Statutes, chapter 122A.

 

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

 

 

Anderson, S.; Anderson, D.; Barrett and Kieffer introduced:

 

H. F. No. 1511, A bill for an act relating to agriculture; permitting certain sales of certain food products by farmers; amending Minnesota Statutes 2010, section 32.393, subdivision 1.

 

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

 

 

Benson, J.; Slocum and Knuth introduced:

 

H. F. No. 1512, A bill for an act relating to energy; requiring study on cooling capacity of geothermal energy from municipal wells.

 

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

 

 

Torkelson and Hamilton introduced:

 

H. F. No. 1513, A bill for an act relating to energy; providing for payment of wholesale energy rate for qualifying facility; amending Minnesota Statutes 2010, section 216B.164, subdivision 3.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2442

Cornish, Smith and Woodard introduced:

 

H. F. No. 1514, A bill for an act relating to public safety; requiring state law enforcement agencies to report on the transfer of cases involving forfeiture to the federal government; providing for more uniformity in terminology; amending Minnesota Statutes 2010, sections 609.531, subdivision 1; 609.5315, subdivisions 5, 5a, 5b, 6.

 

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

 

 

Holberg, Mazorol and Johnson introduced:

 

H. F. No. 1515, A bill for an act relating to real property; landlord and tenant; modifying certain late fee provisions; clarifying certain provisions related to eviction from property subject to foreclosure; amending Minnesota Statutes 2010, sections 504B.177; 504B.285, subdivisions 1a, 1b, 1c.

 

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

 

 

Ward introduced:

 

H. F. No. 1516, A bill for an act relating to state government; authorizing retirement incentives for certain state employees.

 

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

 

 

Atkins introduced:

 

H. F. No. 1517, A bill for an act relating to state government; designating an official state pipe band; proposing coding for new law in Minnesota Statutes, chapter 1.

 

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

 

 

Mazorol, Davids, Hilstrom and Davnie introduced:

 

H. F. No. 1518, A bill for an act relating to real estate; regulating the purchase of real estate during the redemption period following a sheriff's sale; amending Minnesota Statutes 2010, section 580.06, subdivision 2.

 

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

 

 

Anderson, B.; Shimanski; Crawford; Nornes and Scott introduced:

 

H. F. No. 1519, A bill for an act relating to veterans; preserving a collection of veterans license plates; directing the distribution and sale of remaining discontinued veterans plates and authorizing the use of revenues; proposing coding for new law in Minnesota Statutes, chapter 168.

 

The bill was read for the first time and referred to the Veterans Services Division.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2443

Mullery introduced:

 

H. F. No. 1520, A bill for an act relating to public safety; aligning state controlled substance schedules with federal controlled substance schedules; modifying the authority of the Board of Pharmacy to regulate controlled substances; allowing the electronic prescribing of controlled substances; amending Minnesota Statutes 2010, sections 152.01, by adding a subdivision; 152.02; 152.11, subdivisions 1, 2, 2d, 3.

 

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

 

 

Holberg introduced:

 

H. F. No. 1521, A bill for an act relating to health records; adding adult children of a deceased patient to the definition of patient; amending Minnesota Statutes 2010, section 144.291, subdivision 2.

 

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

 

 

Nornes introduced:

 

H. F. No. 1522, A bill for an act relating to real estate; limiting priority of mechanics lien rights of contractors and subcontractors over a mortgage lender to mechanics liens for goods or services provided prior to the recording of the mortgage; amending Minnesota Statutes 2010, section 514.05.

 

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

 

 

Holberg and McFarlane introduced:

 

H. F. No. 1523, A bill for an act relating to local government; zoning; providing for residential property used as vacation rental; amending Minnesota Statutes 2010, sections 394.25, subdivision 3, by adding a subdivision; 462.357, subdivision 1, by adding a subdivision.

 

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

 

 

Mariani introduced:

 

H. F. No. 1524, A bill for an act relating to education; clarifying continuing education requirements for substitute principals; amending Minnesota Statutes 2010, section 122A.14, subdivision 3.

 

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

 

 

Quam, Beard, Scott, Drazkowski and Anderson, P., introduced:

 

H. F. No. 1525, A bill for an act relating to energy; eliminating certain allocations and temporarily prohibiting approval of certain expenditures from renewable development account; amending Minnesota Statutes 2010, section 116C.779, subdivisions 1, 3.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2444

Quam introduced:

 

H. F. No. 1526, A bill for an act relating to highways; distinguishing between frontage road and ramp for controlled access highways; authorizing municipal road authorities to issue permits for driveway access to frontage roads and ramps for controlled access highways; amending Minnesota Statutes 2010, section 161.38, subdivision 3.

 

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

 

 

Falk, Koenen and Persell introduced:

 

H. F. No. 1527, A bill for an act relating to education; including family and consumer science as part of the required academic standards; amending Minnesota Statutes 2010, section 120B.021, subdivision 1.

 

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

 

 

Morrow and Smith introduced:

 

H. F. No. 1528, A bill for an act relating to retirement; providing for increased annuity for surviving spouse and dependent children of employee killed while engaged in emergency response to flooding.

 

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

 

 

Greiling, Mariani and Davnie introduced:

 

H. F. No. 1529, A bill for an act relating to education; making nonpublic schools that receive state aid, materials, services, or other publicly funded support subject to certain requirements; proposing coding for new law in Minnesota Statutes, chapter 123B.

 

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

 

 

Mazorol, Sanders, Atkins and Hoppe introduced:

 

H. F. No. 1530, A bill for an act relating to insurance; regulating statutory premium reserves for title insurers; amending Minnesota Statutes 2010, section 68A.03, subdivision 3.

 

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

 

 

Mazorol, Gunther and Kahn introduced:

 

H. F. No. 1531, A bill for an act relating to taxation; sales and use; providing an exemption for qualified data centers; amending Minnesota Statutes 2010, section 297A.71, by adding a subdivision.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2445

Simon and Peppin introduced:

 

H. F. No. 1532, A bill for an act relating to elections; imposing certain duties; requiring certain lists; proposing coding for new law in Minnesota Statutes, chapter 201.

 

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

 

 

Peppin, Winkler and Simon introduced:

 

H. F. No. 1533, A bill for an act relating to campaign finance; changing certain procedures and requirements of the Campaign Finance and Public Disclosure Board; amending Minnesota Statutes 2010, sections 10A.01, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12, 13, by adding a subdivision; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121, subdivision 1; 10A.14, subdivision 1, by adding a subdivision; 10A.20, subdivisions 1, 2, 3, 4, 5, 6, 12, by adding a subdivision; 10A.24, by adding a subdivision; 10A.27, subdivisions 14, 15; 10A.31, subdivision 7; 10A.315; repealing Minnesota Rules, parts 4501.0500, subpart 2, item A; 4503.0200, subpart 6; 4503.0500, subpart 8; 4503.1700; 4512.0100, subparts 2, 4.

 

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

 

 

Cornish, Smith and Woodard introduced:

 

H. F. No. 1534, A bill for an act relating to public safety; clarifying the general criminal code forfeiture law; necessity of conviction and burden of proof; amending Minnesota Statutes 2010, section 609.531, subdivision 6a.

 

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

 

 

Cornish, Smith and Woodard introduced:

 

H. F. No. 1535, A bill for an act relating to public safety; making changes to the DWI, off-highway vehicle, drive-by shooting, designated offense, and controlled substance forfeiture laws to provide more uniformity; raising the monetary cap on the value of certain property forfeitures that may be adjudicated in conciliation court; prohibiting forfeited property from being sold to prosecuting authorities or persons related to prosecuting authorities; amending Minnesota Statutes 2010, sections 84.7741, subdivisions 2, 3, 4, 8, 9, 10, by adding a subdivision; 169A.63, subdivisions 2, 3, 4, 8, 9, 10, by adding a subdivision; 491A.01, subdivision 3; 609.531, subdivision 1; 609.5314, subdivisions 2, 3; 609.5315, subdivisions 1, 5, 5a, 5b; 609.5318, subdivisions 2, 3.

 

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

 

 

Shimanski introduced:

 

H. F. No. 1536, A bill for an act relating to judiciary; modifying mandatory retirement date for judges; eliminating the incumbency designation for judicial offices; amending Minnesota Statutes 2010, section 490.121, subdivision 21d; repealing Minnesota Statutes 2010, section 204B.36, subdivision 5.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2446

Hosch introduced:

 

H. F. No. 1537, A bill for an act relating to traffic regulations; clarifying the right of protective agents to escort oversized loads; amending Minnesota Statutes 2010, section 326.338, subdivision 4.

 

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

 

 

Peppin introduced:

 

H. F. No. 1538, A bill for an act relating to campaign finance; modifying certain contribution and expenditure limits; amending Minnesota Statutes 2010, sections 10A.25, subdivision 2; 10A.27, subdivision 1.

 

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

 

 

Poppe introduced:

 

H. F. No. 1539, A bill for an act relating to retirement; Teachers Retirement Association; permitting certain Minnesota State Colleges and Universities system faculty members to elect prospective and retroactive defined benefit coverage for Minnesota State Colleges and Universities system employment.

 

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

 

 

Paymar introduced:

 

H. F. No. 1540, A bill for an act relating to public safety; enhancing security in the Capitol Area; creating new authorities and stipulating responsibilities; authorizing bonding; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299E.

 

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

 

 

Mullery introduced:

 

H. F. No. 1541, A bill for an act relating to civil rights; requiring notices of civil rights status; proposing coding for new law in Minnesota Statutes, chapter 243.

 

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

 

 

Eken introduced:

 

H. F. No. 1542, A bill for an act relating to education; making an exception to the school start date for school districts that suffer natural disasters; amending Minnesota Statutes 2010, section 120A.40.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2447

Gottwalt introduced:

 

H. F. No. 1543, A bill for an act relating to human services; making changes to health care program provisions; making technical and policy changes; clarifying obsolete language; making federal conformity changes; clarifying eligibility requirements; modifying pharmaceutical provisions; clarifying certain covered services; eliminating the elderly waiver payment; providing a right to appeal and appeal processes; imposing provider requirements; requiring a report on nonemergency medical transportation; requiring reporting of managed care and county-based purchasing data; providing civil penalties; amending Minnesota Statutes 2010, sections 13.461, subdivision 24a; 256B.02, by adding a subdivision; 256B.03, by adding subdivisions; 256B.04, by adding a subdivision; 256B.056, subdivisions 1c, 3, 3c; 256B.057, subdivision 9; 256B.0625, subdivisions 13, 13d, 13e, 17a, 22, 30, 31, by adding subdivisions; 256B.064, subdivisions 1a, 1b, 2; 256B.0641, subdivision 1; 256B.0659, subdivision 30; 256B.199; 256B.27, subdivision 3; 256B.69, subdivisions 5, 28, by adding a subdivision; 256B.76, subdivision 4; 256L.04, subdivision 7b; 256L.05, subdivision 3; 256L.11, subdivision 6; 256L.15, subdivision 1; Laws 2010, First Special Session chapter 1, article 16, sections 8; 9; 10; repealing Minnesota Statutes 2010, sections 256.01, subdivision 18b; 256B.69, subdivision 9b.

 

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

 

 

Kiel introduced:

 

H. F. No. 1544, A bill for an act relating to counties; providing a process for making certain county offices appointive in Marshall County.

 

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

 

 

McNamara introduced:

 

H. F. No. 1545, A bill for an act relating to energy; establishing Energy Reliability and Intervention Office within Department of Commerce to replace Energy Issues Intervention Office and energy reliability administrator; making conforming changes; amending Minnesota Statutes 2010, sections 216B.62, subdivisions 2, 3; 216C.052; repealing Minnesota Statutes 2010, section 216A.085.

 

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

 

 

Anderson, S., introduced:

 

H. F. No. 1546, A joint resolution relating to redistricting; establishing districting principles for legislative and congressional plans.

 

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

 

 

Anderson, S., introduced:

 

H. F. No. 1547, A bill for an act relating to redistricting; establishing districting principles for legislative and congressional plans; proposing coding for new law in Minnesota Statutes, chapter 2.

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2448

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker: 

 

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

 

H. F. No. 613, A bill for an act relating to local government; providing for terms for members of the Red Wing Port Authority; amending Minnesota Statutes 2010, section 469.081, by adding a subdivision.

 

Cal R. Ludeman, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Kelly moved that the House concur in the Senate amendments to H. F. No. 613 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

H. F. No. 613, A bill for an act relating to local government; providing for terms for members of the Red Wing Port Authority; amending Minnesota Statutes 2010, section 469.081, by adding a subdivision.

 

 

      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 114 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Franson

Fritz

Garofalo

Gottwalt

Greene

Greiling

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Holberg

Hortman

Hosch

Huntley

Kahn

Kath

Kelly

Kieffer

Kiffmeyer

Knuth

Koenen

Kriesel

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

 

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


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2449

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Dean from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Monday, April 18, 2011:

 

      H. F. Nos. 978, 821, 387, 1134 and 795.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 978, A bill for an act relating to elections; modifying certain election administration and districting procedures; amending Minnesota Statutes 2010, sections 204B.135, subdivision 1; 204B.14, subdivisions 2, 3; 204B.45, subdivision 2; 204B.46; 204C.06, subdivision 2; 206.57, subdivision 6; 375.025, subdivisions 2, 4.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 115 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Clark

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Franson

Fritz

Garofalo

Gottwalt

Greene

Greiling

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Holberg

Hortman

Hosch

Huntley

Kahn

Kath

Kelly

Kieffer

Kiffmeyer

Knuth

Koenen

Kriesel

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mahoney

Mariani

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

 

      The bill was passed and its title agreed to.

 

 

      Dean moved that the remaining bills on the Calendar for the Day be continued.  The motion prevailed.

 

 

IN MEMORIAM

 

      The members of the House of Representatives paused for a moment of silence in memory of former Representative Roy C. Carlson of Pine City, Minnesota, who served from 1975 to 1976, who passed away on Monday, April 11, 2011.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2450

MOTIONS AND RESOLUTIONS

 

 

      Dettmer moved that the name of Runbeck be added as an author on H. F. No. 429.  The motion prevailed.

 

      Anderson, B., moved that the names of Kriesel and Murray be added as authors on H. F. No. 595.  The motion prevailed.

 

      Davids moved that the name of Bills be added as an author on H. F. No. 649.  The motion prevailed.

 

      Mack moved that the name of Sanders be added as an author on H. F. No. 695.  The motion prevailed.

 

      Abeler moved that the name of Bills be added as an author on H. F. No. 717.  The motion prevailed.

 

      Garofalo moved that the name of Bills be added as an author on H. F. No. 725.  The motion prevailed.

 

      Gunther moved that the name of Garofalo be added as an author on H. F. No. 1170.  The motion prevailed.

 

      Bills moved that the name of Atkins be added as an author on H. F. No. 1386.  The motion prevailed.

 

      Nelson moved that his name be stricken as an author on H. F. No. 1440.  The motion prevailed.

 

      McFarlane moved that the name of Peterson, S., be added as an author on H. F. No. 1448.  The motion prevailed.

 

      Urdahl moved that the names of Kahn and Shimanski be added as authors on H. F. No. 1455.  The motion prevailed.

 

      Hornstein moved that the name of Champion be added as an author on H. F. No. 1456.  The motion prevailed.

 

      Kiel moved that the names of Kahn, Slocum and Champion be added as authors on H. F. No. 1458.  The motion prevailed.

 

      Slocum moved that the name of Peterson, S., be added as an author on H. F. No. 1460.  The motion prevailed.

 

      Abeler moved that the name of Lesch be added as an author on H. F. No. 1461.  The motion prevailed.

 

      LeMieur moved that the name of Shimanski be added as an author on H. F. No. 1468.  The motion prevailed.

 

      Kelly moved that the names of Peterson, S., and Erickson be added as authors on H. F. No. 1484.  The motion prevailed.

 

      Dittrich moved that the name of Peterson, S., be added as an author on H. F. No. 1486.  The motion prevailed.

 

      Quam moved that the names of Peppin and Smith be added as authors on H. F. No. 1488.  The motion prevailed.

 

      Erickson moved that the name of Kiel be added as chief author on H. F. No. 1490.  The motion prevailed.

 

      Cornish moved that the name of Johnson be added as an author on H. F. No. 1493.  The motion prevailed.

 

      Hortman moved that the name of Greene be added as an author on H. F. No. 1494.  The motion prevailed.


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2451

      Gottwalt moved that H. F. No. 1020 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Health and Human Services Reform.  The motion prevailed.

 

      Kahn moved that H. F. No. 1309 be recalled from the Committee on Rules and Legislative Administration and be re-referred to the Committee on State Government Finance.  The motion prevailed.

 

      Urdahl moved that H. F. No. 1455 be recalled from the Legacy Funding Division and be re-referred to the Committee on Government Operations and Elections.  The motion prevailed.

 

 

Anderson, S., introduced:

 

House Concurrent Resolution No. 2, A House concurrent resolution relating to redistricting; establishing districting principles for legislative and congressional plans.

 

The concurrent resolution was referred to the Committee on Redistricting.

 

 

ADJOURNMENT

 

      Dean moved that when the House adjourns today it adjourn until 12:00 noon, Tuesday, April 26, 2011.  The motion prevailed.

 

      Dean moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Tuesday, April 26, 2011.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives


 


Journal of the House - 42nd Day - Monday, April 18, 2011 - Top of Page 2452