Journal of the House - 73rd Day - Thursday, March 20, 2014

A quorum was present.

Woodard and Zellers were excused.

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 STANDING COMMITTEES AND DIVISIONS

Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

H. F. No. 1068, A bill for an act relating to capital investment; appropriating money for the Minnesota Museum of American Art; authorizing the sale and issuance of state bonds.

Reported the same back with the following amendments:

Page 1, line 6, delete "$300,000" and insert "$500,000"

Page 1, line 8, delete "city of St. Paul to predesign" and insert "St. Paul Port Authority to design"

Page 1, line 14, delete "$300,000" and insert "$500,000"

With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment.

The report was adopted.

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

H. F. No. 1106, A bill for an act relating to human services; establishing a child protection screening work group for the purpose of establishing consistency in child protection screening; requiring a report; amending Minnesota Statutes 2012, section 626.556, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:

Subd. 11c. Welfare, court services agency, and school records maintained. Notwithstanding sections 138.163 and 138.17, records maintained or records derived from reports of abuse by local welfare agencies, agencies responsible for assessing or investigating the report, court services agencies, or schools under this section shall be destroyed as provided in paragraphs (a) to (d) by the responsible authority.

(a) For family assessment cases and cases where an investigation results in no determination of maltreatment or the need for child protective services, the assessment or investigation records must be maintained for a period of four years. Records under this paragraph may not be used for employment, background checks, or purposes other than to assist in future risk and safety assessments.

(b) All records relating to reports which, upon investigation, indicate either maltreatment or a need for child protective services shall be maintained for at least ten years after the date of the final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of intent to interview which was received by a school under subdivision 10, paragraph (d), shall be destroyed by the school when ordered to do so by the agency conducting the assessment or investigation. The agency shall order the destruction of the notification when other records relating to the report under investigation or assessment are destroyed under this subdivision.

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(d) Private or confidential data released to a court services agency under subdivision 10h must be destroyed by the court services agency when ordered to do so by the local welfare agency that released the data. The local welfare agency or agency responsible for assessing or investigating the report shall order destruction of the data when other records relating to the assessment or investigation are destroyed under this subdivision.

(e) For reports alleging child maltreatment that were not accepted for assessment or investigation, counties shall maintain sufficient information to identify repeat reports alleging maltreatment of the same child or children for 365 days from the date the report was screened out. The Department of Human Services shall specify to the counties the minimum information needed to accomplish this purpose. Counties shall enter this data into the state social services information system."

Delete the title and insert:

"A bill for an act relating to human services; requiring counties to maintain certain information regarding certain reports alleging child maltreatment; amending Minnesota Statutes 2012, section 626.556, subdivision 11c."

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

The report was adopted.

Lesch from the Committee on Civil Law to which was referred:

H. F. No. 1302, A bill for an act relating to motor vehicles; providing for transfer-on-death of title to motor vehicle; amending Minnesota Statutes 2013 Supplement, section 297B.01, subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 168A.

Reported the same back with the following amendments:

Page 1, line 9, after "by" insert "a natural person by"

Page 1, line 10, after "beneficiaries" insert "who are natural persons"

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

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1479, A bill for an act relating to human services; requiring the commissioner of human services to develop a comprehensive asthma care plan.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 58, is amended to read:

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Subd. 58. Early and periodic screening, diagnosis, and treatment services. (a) Medical assistance covers early and periodic screening, diagnosis, and treatment services (EPSDT). The payment amount for a complete EPSDT screening shall not include charges for vaccines that are available at no cost to the provider and shall not exceed the rate established per Minnesota Rules, part 9505.0445, item M, effective October 1, 2010.

(b) EPSDT services include asthma management interventions provided in nonclinical settings and asthma education provided by certified asthma educators.

Sec. 2. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:

Subd. 64. Enhanced asthma care services. Medical assistance covers enhanced asthma care services and related products. Covered services and products include:

(1) home assessments for asthma triggers, in-home asthma interventions, and asthma education, provided by certified asthma educators and healthy homes specialists;

(2) allergen-reducing products for asthma triggers identified during a home assessment or in-home asthma intervention;

(3) modification services needed to reduce asthma triggers, including but not limited to mold and pest control;

(4) in-clinic services provided by certified asthma educators; and

(5) other services and products identified by the commissioner through reviews of best-practice asthma care.

The commissioner shall coordinate these enhanced asthma care services with early and periodic screening, diagnosis, and treatment services under subdivision 58 and services provided through health care homes under sections 256B.0751 and 256B.0753 and health homes under section 256B.0757."

Delete the title and insert:

"A bill for an act relating to human services; providing medical assistance coverage for enhanced asthma care services; amending Minnesota Statutes 2012, section 256B.0625, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 58."

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

The report was adopted.

Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 1916, A bill for an act relating to veterans; authorizing special women veterans license plates; appropriating money; amending Minnesota Statutes 2012, section 168.123, subdivision 1; Minnesota Statutes 2013 Supplement, section 168.123, subdivision 2.

Reported the same back with the following amendments:

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Page 2, line 12, delete everything after the period

Page 2, line 13, delete everything before "The"

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

The report was adopted.

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

H. F. No. 1966, A bill for an act relating to human services; preventing children in foster care from being exposed to secondhand tobacco smoke; amending Minnesota Statutes 2012, sections 260C.212, subdivision 2; 260C.215, subdivisions 4, 6, by adding a subdivision.

Reported the same back with the following amendments:

Page 4, delete section 4 and insert:

"Sec. 4. Minnesota Statutes 2012, section 260C.215, is amended by adding a subdivision to read:

Subd. 9. Preventing exposure to secondhand smoke for children in foster care. (a) A child in foster care shall not be exposed to any type of secondhand smoke in the following settings:

(1) a licensed foster home or any enclosed space connected to the home, including a garage, porch, deck, or similar space; or

(2) a motor vehicle in which a foster child is transported.

(b) Smoking in outdoor areas on the premises of the home is permitted, except when a foster child is present and exposed to secondhand smoke.

(c) The home study required in subdivision 4, clause (5), must include a plan to maintain a smoke-free environment for foster children.

(d) If a foster parent fails to provide a smoke-free environment for a foster child, the child-placing agency must ask the foster parent to comply with a plan that includes training on the health risks of exposure to secondhand smoke. If the agency determines that the foster parent is unable to provide a smoke-free environment and that the home environment constitutes a health risk to a foster child, the agency must reassess whether the placement is based on the child's best interests consistent with section 260C.212, subdivision 2.

(e) Nothing in this subdivision shall delay the placement of a child with a relative, consistent with section 245A.035, unless the relative is unable to provide for the immediate health needs of the individual child.

(f) If a child's best interests would most effectively be served by placement in a home which will not meet the requirements of paragraph (a), the failure to meet the requirements of paragraph (a) shall not be a cause to deny placement in that home.

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(g) Nothing in this subdivision shall be interpreted to interfere with traditional or spiritual Native American or religious ceremonies involving the use of tobacco."

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

The report was adopted.

Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

H. F. No. 1984, A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [16C.285] RESPONSIBLE CONTRACTOR REQUIREMENT DEFINED.

Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) "Construction contract" means a contract or subcontract of any tier for work on a project.

(c) "Contractor" means a vendor that submits a bid or proposal or otherwise responds to a solicitation document of a contracting authority for work on a project. A contractor includes a construction manager but does not include a material supplier.

(d) "Contracting authority" means a state agency, the Minnesota State Colleges and Universities, the University of Minnesota, the Metropolitan Council, the Metropolitan Airports Commission, or a municipality that enters into a construction contract or authorizes or directs entering into a construction contract.

(e) "Municipality" means a county, town, home rule charter or statutory city, school district, housing and redevelopment authority, port authority, economic development authority, sports facilities authority, joint powers board or organization created under section 471.59 or other statute, special district, drainage authority, watershed district, destination medical center corporation, or other municipal corporation or political subdivision of the state authorized by law to enter into contracts.

(f) "Prime contractor" means a contractor awarded a construction contract by a contracting authority for work on a project.

(g) "Principal" means an owner holding at least a 25 percent ownership interest in a business.

(h) "Project" means building, erection, construction, alteration, remodeling, demolition, or repair of buildings, real property, highways, roads, bridges, or other construction work performed pursuant to a construction contract.

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(i) "Related entity" means:

(1) a firm, partnership, corporation, joint venture, or other legal entity substantially under the control of a contractor or vendor;

(2) a predecessor corporation or other legal entity having one or more of the same principals as the contractor or vendor;

(3) a subsidiary of a contractor or vendor;

(4) one or more principals of a contractor or vendor; and

(5) a person, firm, partnership, corporation, joint venture, or other legal entity that substantially controls a contractor or vendor.

(j) "Solicitation document" means an invitation to bid, bid specifications, request for proposals, request for qualifications, or other solicitation of contractors for purposes of a construction contract.

(k) "Subcontractor" means a vendor that seeks to enter into a subcontract or enters into a subcontract for work on a project.

(l) "Vendor" means a business, including a construction contractor or a natural person, and includes both if the natural person is engaged in a business.

Subd. 2. Responsible contractor required. (a) A contractor must meet the minimum criteria in subdivision 3 to be eligible to be awarded a construction contract as the lowest responsible bidder or the vendor or contractor offering the best value as provided in sections 16C.28, 103D.811, 103E.505, 116A.13, 123B.52, 160.17, 160.262, 161.32, 161.3206, 161.3209, 161.38, 162.17, 365.37, 374.13, 375.21, 383C.094, 412.311, 429.041, 458D.21, 469.015, 469.068, 469.101, 471.345, 473.4057, 473.523, 473.652, 473.756, or 473J.11, or any of their successor provisions.

(b) This section applies to projects where the contracting authority's construction contract with the prime contractor is estimated to exceed $50,000 and is awarded pursuant to a lowest responsible bidder selection method or a best value selection method. A subcontractor must meet the minimum criteria in subdivision 3 to be eligible to be awarded a subcontract on such a project regardless of the value of the subcontract.

(c) If only one contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding contractor even if the minimum criteria in subdivision 3 are not met.

Subd. 3. Minimum criteria. "Responsible contractor" means a contractor or subcontractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:

(1) the contractor or subcontractor is in compliance with workers' compensation and unemployment insurance requirements; is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; has a valid federal tax identification number or a valid Social Security number if an individual; and has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative;

(2) the contractor, subcontractor, or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141

Journal of the House - 73rd Day - Thursday, March 20, 2014 - Top of Page 7264

to 3148. For purposes of this clause, a violation occurs when a contractor, subcontractor, or related entity fails to pay statutorily required wages or penalties of $25,000 or more on one or more separate projects within the three-year period; has been issued an order to comply by the commissioner of labor and industry or authorized designee or representative; has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor, subcontractor, or related entity to its own employees; or has been found liable in an action brought in a court having jurisdiction. Provided that, if the contractor, subcontractor, or related entity contests an order to comply issued by the commissioner of labor and industry or a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding and any appeals have concluded with a determination that the contractor, subcontractor, or related entity underpaid wages or penalties;

(3) the contractor, subcontractor, or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated any municipality's requirements for payment of wages for construction work performed for that municipality as provided in ordinance, resolution, policy, or contractual provision. For purposes of this clause, a violation occurs when a municipality determines that a contractor, subcontractor, or related entity has failed to pay wages or penalties required by the municipality in the amount of $25,000 or more on one or more separate projects within the three-year period. Provided that, if the contractor, subcontractor, or related entity contests a municipality's finding of unpaid wages or penalties in a legal proceeding, a violation does not occur until the legal proceeding and any appeals have concluded with a determination that the contractor, subcontractor, or related entity underpaid wages or penalties;

(4) the contractor, subcontractor, or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor, subcontractor, or related entity has been issued a final administrative or licensing order;

(5) the contractor, subcontractor, or related entity has no current federal or state tax liens or current federal or state delinquent tax liabilities;

(6) the contractor, subcontractor, or related entity is not currently debarred by the federal government or the state and is currently not ineligible to be awarded a construction contract by a contracting authority or perform work under a construction contract on a project covered under subdivision 4; and

(7) all subcontractors the contractor or subcontractor intends to use to perform project work have verified to the contractor or subcontractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

Subd. 4. Verification of compliance. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on such a statement. Failure to verify compliance with any one of the minimum criteria shall render a contractor or subcontractor ineligible to be awarded a construction contract. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of the construction contract awarded to a contractor or subcontractor that submits such a false statement. If a false statement is made under oath in a verification of compliance with knowledge that it is false or with reckless disregard for whether it is true or false, such a false statement shall render that contractor or subcontractor not responsible and therefore ineligible to be awarded a construction contract by a contracting authority on projects covered by this section or allowed to perform work on projects covered by this section under a construction contract, as defined in subdivision 1, for a period of three years. The period of ineligibility due to a false statement under oath in a verification of compliance may be reduced by the commissioner of administration in the event of an emergency.

Journal of the House - 73rd Day - Thursday, March 20, 2014 - Top of Page 7265

Subd. 5. Subcontractor verifications. A contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. If the prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7). The prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). The prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. The prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with knowledge that it contains a false statement or with reckless disregard for whether the statement is true or false.

Subd. 6. Additional criteria. Nothing in this section shall restrict the discretion of a contracting authority to establish additional criteria for defining a responsible contractor.

Subd. 7. Implementation. The definition of responsible contractor, as defined in subdivision 3, shall be included in the solicitation document for all projects covered by this section. The solicitation document for any project shall state that any contractor or subcontractor that does not meet the minimum criteria in subdivision 3 is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. The solicitation document shall provide that a false statement under oath verifying compliance under subdivision 4 with any of the minimum criteria may result in termination of the contract awarded to the contractor or subcontractor that submits a false statement. The solicitation document shall provide that if a false statement is made under oath in a verification of compliance with knowledge that it is false or with reckless disregard for whether it is true or false, such a false statement shall render that contractor or subcontractor not responsible and therefore ineligible to be awarded a construction contract by a contracting authority on projects covered by this section or allowed to perform work on projects covered by this section under a construction contract, as defined in subdivision 1, for a period of three years. The solicitation document shall state the obligations in subdivision 5, including the obligation that the prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7).

EFFECTIVE DATE. This section is effective January 1, 2015, and shall apply to all construction contracts entered into based on solicitation documents issued on or after that date."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1992, A bill for an act relating to human services; establishing an exception process to the requirements for home and community-based waiver housing programs; amending Minnesota Statutes 2013 Supplement, section 256B.492.

Reported the same back with the following amendments:

Page 1, line 15, after "disabilities" insert "who are receiving services under a home and community-based waiver"

Journal of the House - 73rd Day - Thursday, March 20, 2014 - Top of Page 7266

Page 2, line 20, after the comma, insert "based on the consultation with interested stakeholders as specified in subdivision 3,"

Page 2, line 32, after the period, insert "The exception shall require that housing costs be separated from service costs and allow the client to choose the vendor who provides personal services under the client's waiver."

Page 3, line 1, after the second "of" insert "the characteristics of the population to be served and"

Page 3, line 6, after "options" insert "and the availability of those other options in the community for the specific population the program proposes to serve, and outlines the proposed rents and service costs, if any, of services to be provided by the applicant and addresses the cost-effectiveness of the model proposed"

Page 3, line 27, delete "issue a" and insert "notify the city, county, and local press of the"

Page 3, line 30, delete "30" and insert "60"

Page 4, line 8, after the period, insert "After an applicant's exception is approved, any material change in the population to be served or the services to be offered must be submitted to the commissioner who shall decide if it is consistent with the basis on which the exception was granted or if another exception request needs to be submitted."

Page 4, line 14, delete "No later than January 1, 2015,"

Page 4, line 15, delete "convene a group of" and insert "consult with"

Page 4, line 17, delete "shall include the criteria by which" and insert "for" and delete "submitted" and insert "shall be based upon the criteria" and delete "will"

Page 4, line 18, delete "be evaluated"

Page 4, line 19, delete "stakeholders group shall include" and insert "commissioner must consult with"

Page 4, line 22, delete "any" and delete everything after "provider" and insert "organizations, counties, disability advocates, and individuals with"

Page 4, line 23, delete "member" and insert "members"

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

The report was adopted.

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

H. F. No. 2029, A bill for an act relating to state government; requiring a study of funding, impact, and needs of Black arts in the state.

Reported the same back with the following amendments:

Journal of the House - 73rd Day - Thursday, March 20, 2014 - Top of Page 7267

Delete everything after the enacting clause and insert:

"Section 1. STUDY.

The Minnesota State Arts Board shall study the following topics relating to artists from diverse racial and ethnic communities:

(1) utilization of artists from diverse racial and ethnic communities in the state's arts institutions that have 20 or more employees;

(2) barriers that hinder the growth of these artists;

(3) facility needs of these artists; and

(4) business development and technical needs of these artists.

The board shall submit an interim report by December 31, 2014, and a final report by June 30, 2015, to the governor and to the chairs and ranking minority members of the legislative committees with jurisdiction over arts funding with recommendations to address the board's findings. The board must post the reports on its Web site and must make additional reasonable efforts to make the Minnesota arts community aware of the report."

Amend the title as follows:

Page 1, line 3, delete "Black arts" and insert "artists from diverse racial and ethnic communities"

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

The report was adopted.

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

H. F. No. 2120, A bill for an act relating to state government; creating a Legislative Commission on Data Practices and Personal Data Privacy; proposing coding for new law in Minnesota Statutes, chapter 3.

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

The report was adopted.

Lesch from the Committee on Civil Law to which was referred:

H. F. No. 2142, A bill for an act relating to public safety; providing victim of domestic violence with notice of release of offender; amending Minnesota Statutes 2012, sections 13.84, subdivision 5; 611A.06, by adding a subdivision.

Reported the same back with the following amendments:

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Page 1, after line 17, insert:

"Sec. 2. Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:

Subd. 6. Public benefit data. (a) The responsible authority or its designee of a parole or probation authority or correctional agency may release private or confidential court services data related to:

(1) criminal acts to any law enforcement agency, if necessary for law enforcement purposes; and

(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the extent that the data are necessary for the victim to assert the victim's legal right to restitution.

(b) A parole or probation authority, a correctional agency, or agencies that provide correctional services under contract to a correctional agency may release to a law enforcement agency the following data on defendants, parolees, or probationers: current address, dates of entrance to and departure from agency programs, and dates and times of any absences, both authorized and unauthorized, from a correctional program.

(c) The responsible authority or its designee of a juvenile correctional agency may release private or confidential court services data to a victim of a delinquent act to the extent the data are necessary to enable the victim to assert the victim's right to request notice of release under section 611A.06. The data that may be released include only the name, home address, and placement site of a juvenile who has been placed in a juvenile correctional facility as a result of a delinquent act.

(d) Upon the victim's written or electronic request and, if the victim and offender have been household or family members as defined in section 518B.01, subdivision 1, paragraph (b), the commissioner of corrections or the commissioner's designee may disclose to the victim of an offender convicted of a crime pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code of the offender's residency upon or after release from a Department of Corrections facility, unless:

(1) the offender is not supervised by the commissioner of corrections or the commissioner's designee at the time of the victim's request;

(2) the commissioner of corrections or the commissioner's designee does not have the city or zip code; or

(3) the commissioner of corrections or the commissioner's designee reasonably believes that disclosure of the city or zip code of the offender's residency creates a risk to the victim, offender, or public safety."

Page 1, line 18, delete "2" and insert "3"

Page 2, line 1, after "and" insert "five-digit"

Page 2, line 2, delete "or after"

Page 2, delete lines 10 to 13

Page 2, line 14, delete "(c)" and insert "(b)"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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Paymar from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 2148, A bill for an act relating to public safety; requiring all registered out-of-state predatory offenders who move to Minnesota to register with the state; amending Minnesota Statutes 2013 Supplement, section 243.166, subdivision 1b.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Lesch from the Committee on Civil Law to which was referred:

H. F. No. 2151, A bill for an act relating to housing; creating a duty to mitigate damages in a residential lease violation; proposing coding for new law in Minnesota Statutes, chapter 504B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [504B.272] DUTY TO MITIGATE DAMAGES.

A landlord or a tenant who is seeking damages for a breach of a residential lease must make reasonable efforts to mitigate the damages due to the breach, including allowing the sublease or assignment of the lease of the residential real property by a suitable tenant, unless the sublease or assignment is prohibited by an applicable rule governing a subsidized housing program. For the purposes of this section, "applicable rule" means a federal, state, municipal, or government statute, ordinance, regulation, handbook, guidebook, model lease, or similar program requirement. In making reasonable efforts to mitigate damages, the landlord is not obligated to offer any preferential treatment to show or lease the unit in question before other currently vacant units."

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

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2165, A bill for an act relating to natural resources; updating the Minnesota Sustainable Forest Resources Act; amending Minnesota Statutes 2012, sections 89A.02; 89A.03, subdivisions 1, 6; 89A.04; 89A.05, subdivisions 1, 3; 89A.06, subdivisions 1, 2, 4; 89A.07; 89A.08, subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; proposing coding for new law in Minnesota Statutes, chapter 89A; repealing Minnesota Statutes 2012, sections 89A.05, subdivisions 2a, 4; 89A.06, subdivision 2a.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

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Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

H. F. No. 2166, A bill for an act relating to elections; providing a study of the use of electronic rosters in elections; requiring secretary of state to evaluate electronic rosters in 2014 election; authorizing the use of electronic rosters statewide; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 201.

Reported the same back with the following amendments:

Page 1, line 11, delete "must" and insert "may"

Page 1, line 12, delete "and" and insert a comma

Page 1, line 13, after "voters" insert ", or both"

Page 2, after line 31, insert:

"Electronic rosters used only for election day registration do not need to comply with clauses (1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need to comply with clauses (4) and (5)."

Page 3, line 8, delete "must" and insert "may"

Page 3, line 9, delete "and" and insert a comma, and after "voters" insert ", or both"

Page 3, delete subdivision 7 and insert:

"Subd. 7. Evaluation. The secretary of state must evaluate the use of electronic rosters in the 2014 state general election, and submit a report detailing the results of the evaluation to the chairs and ranking minority members of the committees in the house of representatives and the senate with primary jurisdiction over elections no later than April 1, 2015."

Page 3, delete subdivision 8

Page 3, line 31, delete "9" and insert "8"

Page 4, line 3, delete "10" and insert "9"

Page 4, line 4, delete "subdivision 8" and insert "subdivision 7"

Page 4, delete section 2

Page 5, after line 28, insert:

Renumber the sections in sequence

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Amend the title as follows:

Page 1, line 4, delete "appropriating"

Page 1, line 5, delete "money;"

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

The report was adopted.

Lesch from the Committee on Civil Law to which was referred:

H. F. No. 2192, A bill for an act relating to housing; landlord and tenant; providing for termination of lease; amending Minnesota Statutes 2012, section 504B.265.

Reported the same back with the following amendments:

Page 2, line 10, after "(a)" insert "Upon the death of the tenant or, if there is more than one tenant, upon the death of all tenants,"

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

H. F. No. 2199, A bill for an act relating to liquor; allowing farm wineries to import bulk distilled spirits; creating an excise tax exemption; increasing production limits; amending Minnesota Statutes 2012, sections 297G.07, subdivision 1; 340A.101, by adding subdivisions; 340A.315, subdivision 2, by adding subdivisions.

Reported the same back with the following amendments:

Pages 2 and 3, delete sections 2 to 6

Amend the title as follows:

Page 1, line 3, delete "increasing production limits;"

Correct the title numbers accordingly

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

The report was adopted.

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Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 2201, A bill for an act relating to transportation; motor carriers; amending various provisions governing registration and identification; making technical changes; amending Minnesota Statutes 2012, sections 168.185; 168.187, subdivision 12; 168D.07.

Reported the same back with the following amendments:

Page 2, line 30, delete "immediately upon receipt" and insert "no earlier than December 1 of each year"

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

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2236, A bill for an act relating to state government; making changes to the open meeting law; amending Minnesota Statutes 2012, section 13D.04, subdivision 6.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Clark from the Committee on Housing Finance and Policy to which was referred:

H. F. No. 2251, A bill for an act relating to real property; modifying expungement and disclosure of eviction proceedings; amending Minnesota Statutes 2012, sections 484.014, subdivision 2, by adding a subdivision; 504B.321, by adding a subdivision.

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

The report was adopted.

Lesch from the Committee on Civil Law to which was referred:

H. F. No. 2274, A bill for an act relating to human rights; protecting wage disclosure; prohibiting retaliation; amending Minnesota Statutes 2012, section 363A.08, by adding a subdivision.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision to read:

Subd. 8. Wage disclosure protection. (a) An employer shall not:

(1) require nondisclosure by an employee of his or her wages as a condition of employment;

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(2) require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages; or

(3) take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily.

(b) Nothing in this subdivision shall be construed to:

(1) create an obligation on any employer or employee to disclose wages;

(2) permit an employee, without the written consent of the employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law;

(3) diminish any existing rights under the National Labor Relations Act under United States Code, title 29, or any other provision of state or federal law protecting employee disclosure or discussion of wages; or

(4) permit the employee to disclose wage information to a competitor of their employer.

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

With the recommendation that when so amended the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.

The report was adopted.

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

H. F. No. 2295, A bill for an act relating to public safety; requiring judicial districts to establish minimum standards as a condition to using GPS to monitor domestic abuse offenders; protecting victim and defendant location data; amending Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision 2a; repealing Minnesota Statutes 2012, section 611A.07, subdivision 1.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

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

H. F. No. 2301, A bill for an act relating to state lands; modifying disposition of certain land and revenue; modifying requirement for commissioner's approval of certain land sales; adding to and deleting from state forests and recreation areas; authorizing public and private sales and exchanges of certain state lands; merging certain state parks; amending Minnesota Statutes 2012, sections 89.022; 282.01, subdivision 3; 282.011, subdivision 1; 282.018, subdivision 1; 282.02; 459.06, subdivisions 1, 3; 477A.17; Minnesota Statutes 2013 Supplement, section 85.012, subdivision 38a; repealing Minnesota Statutes 2012, section 85.012, subdivision 53a.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2013 Supplement, section 85.012, subdivision 38a, is amended to read:

Subd. 38a. Lake Vermilion-Soudan Underground Mine State Park, St. Louis County.

Sec. 2. Minnesota Statutes 2012, section 89.022, is amended to read:

89.022 DISPOSAL OF TILLABLE LAND IN MEMORIAL HARDWOOD FOREST.

Subdivision 1. Exchange or sale required. If any parcel acquired for the Memorial Hardwood Forest after July 1, 1977 contains more than ten contiguous acres of tillable land adjacent to other tillable land or to a maintained public road or a farm homestead consisting of a residence and farm buildings abutting a maintained public road, the commissioner of natural resources shall either exchange the land for other land suitable for forest purposes or declare the land as surplus land ~~to the commissioner of administration~~. The commissioner of administration shall offer the land for sale in the manner provided by law not less than six months after acquisition by the state and once thereafter in each of the next two years. Tillable land is land classified as class 1, 2, or 3 as defined by the United States ~~Soil~~ Natural Resources Conservation Service. Notwithstanding any law to the contrary neither the state nor any of its subdivisions shall be required to construct or maintain any street, highway or other road to provide access to any parcel of land sold or exchanged pursuant to this section. The commissioner of natural resources may retain easements over parcels sold or exchanged pursuant to this section as are required for purposes of providing access to public waters or forest lands or access to insure stream bank stabilization and protection.

Subd. 2. Exemption. The commissioner of natural resources may apply to the ~~Legislative-Citizen Commission on Minnesota Resources~~ county board for an exemption from the exchange or sale requirements of subdivision 1 in instances where it can be demonstrated that ~~unique recreational, historical or scientific values would be destroyed by the exchange or sale of~~ tillable land ~~or a farm homestead~~ has been or will be acquired for natural resource and public access purposes. ~~Exemptions shall be decided by the commission on an individual basis.~~ The county board may approve or disapprove the exemption. If the application for exemption is not decided by the ~~commission~~ county board within 90 days, the application shall be deemed to have been ~~denied~~ approved.

Subd. 3. Disposition. Money collected pursuant to this section ~~89.022~~ shall be deposited in the ~~general fund~~ natural resources fund established under section 16A.531, subdivision 2.

Sec. 3. Minnesota Statutes 2012, section 282.01, subdivision 3, is amended to read:

Subd. 3. Nonconservation lands; appraisal and sale. (a) All parcels of land classified as nonconservation, except those which may be reserved, shall be sold as provided, if it is determined, by the county board of the county in which the parcels lie, that it is advisable to do so, having in mind their accessibility, their proximity to existing public improvements, and the effect of their sale and occupancy on the public burdens. Any parcels of land proposed to be sold shall be first appraised by the county board of the county in which the parcels lie. The parcels may be reappraised whenever the county board deems it necessary to carry out the intent of sections 282.01 to 282.13.

(b) In an appraisal the value of the land and any standing timber on it shall be separately determined. No parcel of land containing any standing timber may be sold until the appraised value of the timber on it and the sale of the land have been approved by the ~~commissioner of natural resources~~ county board. The commissioner shall base review of a proposed sale on the policy and considerations specified in subdivision 1. The decision of the commissioner shall be in writing and shall state the reasons for it. The commissioner's decision is exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply. The county may appeal the decision of the commissioner in accordance with chapter 14.

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(c) In any county in which a state forest or any part of it is located, the county auditor shall submit to the commissioner at least 60 days before the first publication of the list of lands to be offered for sale a list of all lands included on the list which are situated outside of any incorporated municipality. If, at any time before the opening of the sale, the commissioner notifies the county auditor in writing that there is standing timber on any parcel of land, the parcel shall not be sold unless the requirements of this section respecting the separate appraisal of the timber and the approval of the appraisal by the commissioner have been complied with. The commissioner may waive the requirement of the 60-day notice as to any parcel of land which has been examined and the timber value approved as required by this section.

~~(d)~~ (c) If any public improvement is made by a municipality after any parcel of land has been forfeited to the state for the nonpayment of taxes, and the improvement is assessed in whole or in part against the property benefited by it, the clerk of the municipality shall certify to the county auditor, immediately upon the determination of the assessments for the improvement, the total amount that would have been assessed against the parcel of land if it had been subject to assessment; or if the public improvement is made, petitioned for, ordered in or assessed, whether the improvement is completed in whole or in part, at any time between the appraisal and the sale of the parcel of land, the cost of the improvement shall be included as a separate item and added to the appraised value of the parcel of land at the time it is sold. No sale of a parcel of land shall discharge or free the parcel of land from lien for the special benefit conferred upon it by reason of the public improvement until the cost of it, including penalties, if any, is paid. The county board shall determine the amount, if any, by which the value of the parcel was enhanced by the improvement and include the amount as a separate item in fixing the appraised value for the purpose of sale.

Sec. 4. Minnesota Statutes 2012, section 282.011, subdivision 1, is amended to read:

Subdivision 1. Classification, sale, procedures and conditions. Any lands which have become the absolute property of the state through forfeiture for nonpayment of taxes and which have been classified by the county board as conservation lands under the provisions of section 282.01, or have been classified as nonagricultural lands under the provisions of section 282.14, or any such lands which shall hereafter be so classified, may be designated by the county board of the county in which such lands lie, by resolution duly adopted, as appropriate and primarily suitable for either specific conservation purposes or for auxiliary forest lands. Any resolution so adopted, together with a list of the lands involved shall be forwarded to the commissioner of natural resources who shall promptly approve or disapprove the whole or any part thereof. The commissioner shall thereupon make a certificate showing the lands approved, transmit the same to the county auditor who shall record the same. Lands so designated and so approved shall thereupon be appraised and the whole, or any part thereof, may be offered for sale and sold in the same manner as provided for the sale of lands classified as nonconservation lands under section 282.01, or as agricultural lands under section 282.14, as the case may be, according to the status of such lands upon forfeiture. The right to a deed of conveyance to such property accorded the purchaser at any such sale shall be conditioned upon the lands being placed in an auxiliary forest or used for designated conservation purposes as designated by the resolution of the county board.

Sec. 5. Minnesota Statutes 2012, section 282.02, is amended to read:

282.02 LIST OF LANDS FOR SALE; NOTICE.

Immediately after classification and appraisal of the land, ~~and after approval by the commissioner of natural resources when required pursuant to section 282.01, subdivision 3,~~ the county board shall provide and file with the county auditor a list of parcels of land to be offered for sale. This list shall contain a description of the parcels of land and the appraised value thereof. The auditor shall publish a notice of the intended public sale of such parcels of land and a copy of the resolution of the county board fixing the terms of the sale, if other than for cash only, by publication once a week for two weeks in the official newspaper of the county, the last publication to be not less than ten days previous to the commencement of the sale.

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The notice shall include the parcel's description and appraised value. The notice shall also indicate the amount of any special assessments which may be the subject of a reassessment or new assessment or which may result in the imposition of a fee or charge pursuant to sections 429.071, subdivision 4, 435.23, and 444.076. The county auditor shall also mail notice to the owners of land adjoining the parcel to be sold. For purposes of this section, "owner" means the taxpayer as listed in the records of the county auditor.

If the county board of St. Louis or Koochiching Counties determines that the sale shall take place in a county facility other than the courthouse, the notice shall specify the facility and its location.

Sec. 6. Minnesota Statutes 2012, section 459.06, subdivision 1, is amended to read:

Subdivision 1. Accept donations. Any county, city, or town may by resolution of its governing body accept donations of land that the governing body deems to be better adapted for the production of timber and wood than for any other purpose, for a forest, and may manage it on forestry principles. The donor of not less than 100 acres of any such land shall be entitled to have the land perpetually bear the donor's name. The governing body of any city or town, when funds are available or have been levied therefor, may, when authorized by a majority vote by ballot of the voters voting at any general or special city election or town meeting where the question is properly submitted, purchase or obtain by condemnation proceedings, and preferably at the sources of streams, any tract of land for a forest which is better adapted for the production of timber and wood than for any other purpose, and which is conveniently located for the purpose, and manage it on forestry principles. ~~The selection of the lands and the plan of management must be approved by the director of lands and forestry.~~ The city or town may annually levy a tax on all taxable property within its boundaries to procure and maintain such forests.

Sec. 7. Minnesota Statutes 2012, section 459.06, subdivision 3, is amended to read:

Subd. 3. Withdrawal of tax-forfeited lands. Any tax-forfeited land which has been included in a memorial forest established in any county under the provisions of subdivision 2, and which is found more suitable for other purposes may by resolution of the county board be withdrawn from the forest for disposal as tax-forfeited land ~~if the commissioner of natural resources approves the sale of such land~~.

Sec. 8. Minnesota Statutes 2012, section 477A.17, is amended to read:

477A.17 LAKE ~~VERMILION STATE PARK AND SOUDAN~~ VERMILION-SOUDAN UNDERGROUND MINE STATE PARK; ANNUAL PAYMENTS.

(a) ~~Beginning in fiscal year 2012,~~ In lieu of the payment amount provided under section 477A.12, subdivision 1, clause (1), the county shall receive an annual payment for state-owned land ~~acquired for~~ within the boundary of Lake Vermilion-Soudan Underground Mine State Park, established in section 85.012, subdivision 38a, ~~and land within the boundary of Soudan Underground Mine State Park, established in section 85.012, subdivision 53a,~~ equal to 1.5 percent of the appraised value of the state-owned land.

(b) For the purposes of this section, the appraised value of the land acquired for Lake Vermilion-Soudan Underground Mine State Park for the first five years after acquisition shall be the purchase price of the land, plus the value of any portion of the land that is acquired by donation. ~~The appraised value must be redetermined by the county assessor every five years after the land is acquired.~~ Thereafter, the appraised value of the state-owned land shall be as determined under section 477A.12, subdivision 3.

(c) The annual payments under this section shall be distributed to the taxing jurisdictions containing the property as follows: one-third to the school districts; one-third to the town; and one-third to the county. The payment to school districts is not a county apportionment under section 127A.34 and is not subject to aid recapture. Each of those taxing jurisdictions may use the payments for their general purposes.

(d) Except as provided in this section, the payments shall be made as provided in sections 477A.11 to 477A.13.

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Sec. 9. DELETIONS FROM STATE RECREATION AREA.

[85.013][Subd. 11b.] Greenleaf Lake State Recreation Area, Meeker County. The following areas are deleted from the Greenleaf Lake State Recreation Area:

(1) the West Half of the Southwest Quarter of Section 29, Township 118 North, Range 30 West;

(2) the Southeast Quarter of the Southeast Quarter, the Northeast Quarter of the Southeast Quarter, the Southeast Quarter of the Northeast Quarter, and the South 15 acres of the Northeast Quarter of the Northeast Quarter, all in Section 30, Township 118 North, Range 30 West; and

(3) the West 15 acres of the Northwest Quarter of the Northwest Quarter of Section 32, Township 118 North, Range 30 West.

Sec. 10. ADDITION TO STATE FOREST.

[89.021][Subd. 48a.] Snake River State Forest. The following area is added to the Snake River State Forest: Sections 15 and 16, Township 42 North, Range 23 West.

Sec. 11. BRAINERD DAM; CITY OF BRAINERD.

The requirements of Minnesota Statutes, section 103G.525, have been met and the city of Brainerd may purchase the Brainerd Dam on the Mississippi River in Crow Wing County.

Sec. 12. 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 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 commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

(c) The land that may be sold is located in Becker County and is described as: that part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 140 North, Range 36 West, described as follows:

Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 89 degrees 36 minutes 26 seconds East, a distance of 1,020.56 feet along the north line of said Northwest Quarter of the Northeast Quarter to the point of beginning; thence South 00 degrees 01 minutes 30 seconds West, a distance of 222.19 feet; thence North 73 degrees 06 minutes 43 seconds East, a distance of 222.99 feet; thence North 12 degrees 38 minutes 24 seconds East, a distance of 159.58 feet to the north line of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 36 minutes 26 seconds West, a distance of 248.21 feet along said north line to the point of beginning, excepting the right-of-way of Minnesota Trunk Highway 34.

Containing approximately 0.5 acres, more or less.

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(d) The land described in paragraph (c) borders the Straight 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 public use.

Sec. 13. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; BELTRAMI COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Beltrami County may sell the tax-forfeited lands bordering public water 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 changes to the land description to correct errors and ensure accuracy.

(1) part of Government Lot 1, Section 17, Township 154 North, Range 30 West (PIN No. 49.00135.01);

(2) part of the Northwest Quarter of the Southeast Quarter, Section 15, Township 146 North, Range 31 West (PIN No. 46.00208.00); and

(3) part of Government Lot 3, Section 32, Township 155 North, Range 30 West (PIN No. 49.00172.03).

(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. 14. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; BELTRAMI COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami County may sell by private sale to a state agency the tax-forfeited lands bordering public water 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 changes to the land description to correct errors and ensure accuracy.

(1) Part of Government Lot 2, Section 10, Township 146 North, Range 33 West (PIN No. 80.00240.00); and

(2) Outlot A, Lind's Addition to Bemidji, Section 2, Township 146 North, Range 33 West (PIN No. 80.04443.00).

(d) The county has determined that the county's land management interests would best be served if the lands were conveyed to a state agency for natural resources management.

Sec. 15. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARVER COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Carver County may convey to the city of Norwood Young America for less than the appraised value the tax-forfeited land bordering public water that is described in paragraph (c).

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(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if the city of Norwood Young America stops using the land for the public purpose described in paragraph (d). The attorney general may make changes to the land description to correct errors and ensure accuracy.

(c) The land to be conveyed is located in Carver County and is described as: Outlot A, The Preserve 3rd Addition (parcel 58.6520890).

(d) The county has determined that the land is needed by the city of Norwood Young America for a public park or lake access.

Sec. 16. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARVER COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45, 282.01, subdivision 1, and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, section 282, Carver County may sell by private sale the tax-forfeited lands bordering public water that are described in paragraph (c) under the remaining provisions of Minnesota Statutes, section 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. The county may convey the land to the city of Watertown for less than the market value of the land as determined by the county board, but the conveyance must provide that the land described in paragraph (c) be used for a public use, as described in Minnesota Statutes, section 282.01, subdivision 1a, which may include but is not limited to a park, trails system, public transit system facility, and public service facility, which may include a water tower, administrative offices, a lift station, and a public works facility, as well as use in a wetland bank restoration project as defined in Minnesota Statutes, sections 103G.222 to 103G.2243, in which a conditional use deed or deed restrictions may be recorded. The land described in paragraph (c) may be subsequently subdivided and conveyed, in whole or in part, to other local governmental subdivisions of the state to accomplish these public uses. The land described in paragraph (c) is subject to the reverter interest of the state pursuant to Minnesota Statutes, section 282.01, subdivisions 1c and 1d.

the South Half of Southeast Quarter of Section 9, Township 117, Range 25, Carver County, Minnesota, except those parts described as follows, to wit: commencing at the southwest corner of Southeast Quarter of said Section 9; thence running North 60 rods to a point in the center of the Watertown, Chaska and Carver Road; thence southeasterly 73 rods to south line of said Southeast Quarter; thence West 44 rods to place of beginning. EXCEPTING THEREFROM that part of the South Half of the Southeast Quarter of Section 9, Township 117 North, Range 25 West, Carver County, Minnesota, described as follows: commencing at the South Quarter corner of Section 9; thence on an assumed bearing of East along the south line of said Southeast Quarter 726.00 feet (44 rods) to the point of beginning of the tract to be described; thence North 36 degrees 59 minutes 00 seconds West along a line that would intersect the west line of said Southeast Quarter at a point 990.00 feet (60 rods) North of said South Quarter corner a distance of 267.81 feet; thence on a bearing of East a distance of 493.23 feet; thence on a bearing of South 1 degree 30 minutes 00 seconds West a distance of 214.00 feet to said south line of the Southeast Quarter; thence on a bearing of West a distance of 326.52 feet to the actual point of beginning; ALSO EXCEPTING THEREFROM that part of the South Half of the Southeast Quarter of Section 9, Township 117 North, Range 25 West of the Fifth Principal Meridian, described as follows: commencing at the southwest corner of said Southeast Quarter; thence on an assumed bearing of East along the south line of said Southeast Quarter a distance of 726.00 feet; thence North 37 degrees 04 minutes 30 seconds West, along a line that will intersect the west line of said Southeast Quarter at a point 990.00 feet northerly from said southwest corner of the Southeast Quarter, a distance of 267.81 feet; thence on a bearing of East a distance of 273.66 feet to the point of beginning of the land to be described; thence continuing on a bearing of East a distance of 219.57

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feet; thence on a bearing of South 1 degree 30 minutes 00 seconds West to said south line of the Southeast Quarter; thence on a bearing of East along said south line a distance of 236.23 feet; thence on a bearing of North a distance of 556.20 feet; thence on a bearing of West a distance of 65.27 feet; thence South 48 degrees 20 minutes 11 seconds West a distance of 515.27 feet to the point of beginning; ALSO EXCEPTING THEREFROM all that part of the Southwest Quarter of the Southeast Quarter of Section 9, Township 117 North, Range 25 West, Carver County, Minnesota, lying southwesterly of the southwesterly right-of-way line of County State-Aid Highway No. 10, as described in Document No. 58827, as recorded in the office of the Carver County Recorder; ALSO EXCEPTING THEREFROM that part thereof platted as Tuscany Village (PIN No. 85.0092900).

(d) The county has determined that the county's land management interests would best be served if the land were conveyed to the city of Watertown for the use described in paragraph (b).

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

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Chisago County may sell the tax-forfeited land bordering public waters 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 legal description to correct errors and ensure accuracy.

(c) The land to be sold is located in Chisago County and is described as: those parts of Lots 4, 5, and 6 in Block 2 of Starks Second Addition to Harris lying south of Goose Creek (PID No. 14.00394.00).

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

Sec. 18. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; CHISAGO COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Chisago County may sell by private sale to the adjoining landowner the tax-forfeited land bordering public waters 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 legal description to correct errors and ensure accuracy.

(c) The land to be sold is located in Chisago County and is described as: that part of Government Lot 5 described as follows: beginning at the southeast corner of Section 6; thence North 1 degree 5 minutes West 1,644.50 feet; thence South 88 degrees 22 minutes 30 seconds West 401.10 feet to the point of beginning; thence South 4 degrees 17 minutes 30 seconds East 150 feet; thence South 88 degrees 22 minutes 30 seconds West 220 feet more or less to the shoreline of Chain Lake; thence northwesterly on the shoreline 150 feet more or less to a point of intersection with a line bearing South 88 degrees 22 minutes 30 seconds East from the point of beginning; thence North 88 degrees 22 minutes 30 seconds East 337 feet more or less to the point of beginning, Section 5, Township 35, Range 21 (PID No. 11.00118.00).

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

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Sec. 19. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CROW WING COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Crow Wing 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.

(1) part of Government Lot 3, City of Baxter, Section 7, Township 133, Range 28, described as: beginning at the northwest corner of said Government Lot 3; thence East 300 feet along the north line of said Lot 3; thence South 1 degree 44 minutes West, 262.8 feet; thence South 32 degrees 51 minutes West, 149.6 feet to shore of Perch Lake; thence North 50 degrees 7 minutes West, 283 feet along shore of said lake to west line of said lot; thence North 1 degree 44 minutes East, 207.1 feet to point of beginning. PIN #010073103C00009;

(2) Government Lot 5, City of Crosslake, Section 21, Township 137, Range 27, except:

(i) 10 acres acquired by USA in condemnation decree in Register of Deeds Office in Book (E), page 151;

(ii) .70 acres acquired by USA in decree in Book 31, page 120;

(iii) part of Government Lot 5 described as: beginning at the quarter corner of west line of said lot; thence East 127.2 feet South 27 degrees 10 minutes East, 128.3 feet; thence South 29 degrees 21 minutes West, 70 feet; thence South 5 degrees 19 minutes West, 180 feet; thence West 134.9 feet; thence west line of said lot; thence North 354.5 feet along said west line to point of beginning;

(iv) that parcel sold to James W. Oberg;

(v) part to Mudek;

(vi) part to Robert Souther;

(vii) two parcels conveyed to Crosslake Rental and Leasing Co. as recorded on Doc #495065;

(viii) that part conveyed to Unlimited Potential Enterprises on recorded Doc #565043; and

(ix) that part conveyed to Paul and Patricia Willmus on recorded Doc #562741.

Subject to restrictions and reservations of record and subject to easement of record. PIN #120213205BCB009;

(3) Lot 6, Block 1, Vansickle Creek Estates, City of Emily, Section 23, Township 138, Range 26. PIN #211490010060009; and

(4) the North 80 feet of Government Lot 1, Section 15, lying West of East 151.92 feet thereof and also the South 35 feet of the North 115 feet of Government Lot 1, Section 15, lying West of East 351.91 feet thereof with an easement of record and also the North 30 feet of the Northwest Quarter of the Northeast Quarter, Section 15, lying West of Nisswa Village Road, City of Nisswa, Section 15, Township 135, Range 29. Subject to easements, reservations, and restrictions of record. PIN #280152101AA0009.

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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. 20. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; DAKOTA COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45; 282.01, subdivision 1a; and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Dakota County may convey to the city of Rosemount for no consideration the tax-forfeited land bordering public water that is described in paragraph (c).

(d) The county has determined that the county's land management interest would be best served if the land is conveyed to the city of Rosemount for park or trail purposes.

Sec. 21. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; HENNEPIN COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Hennepin County may convey to a governmental subdivision of the state for no consideration the tax-forfeited land bordering public water that is described in paragraph (c).

(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if the governmental subdivision stops using the land for the public purpose described in paragraph (d). The attorney general may make changes to the land description to correct errors and ensure accuracy.

(c) The land to be conveyed is located in Hennepin County and is described as: Lot 3, Block 2, Oak Hollow (Hennepin County tax identification number 08-119-23 23 0012).

(d) The county has determined that the county's land management interests would be best served if the land is conveyed to a governmental subdivision of the state for use as a recreational trail and for maintenance of the land in its natural state.

Sec. 22. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; HENNEPIN COUNTY.

(c) The land to be conveyed is located in Hennepin County and is described as: Outlot B, Boulder Pointe (Hennepin County tax identification number 21-116-22 11 0021).

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(d) The county has determined that the county's land management interests would be best served if the land is conveyed to a governmental subdivision for preservation of wetlands.

Sec. 23. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; HENNEPIN COUNTY.

(c) The land to be conveyed is located in Hennepin County and is described as: including adjacent part of Wawonaissa Common, Lot 19, Block 7, "Woodland Point," Hennepin County, Minnesota (Hennepin County tax identification number 13-117-24 21 0080).

(d) The county has determined that the county's land management interests would be best served if the land is conveyed to a governmental subdivision for preservation of wetlands and open water purposes.

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

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Hennepin 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 Hennepin County and is described as: except road, Tract C, Registered Land Survey No. 0047, Hennepin County, Minnesota (Hennepin County tax identification number 24-027-24 22 0003).

(d) The county has determined that the county's land management interests would best be served if the land is sold to the United States Fish and Wildlife Service for conservation, hiking, wildlife observation, and environmental education.

Sec. 25. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ISANTI COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Isanti County may convey to the city of Isanti for no consideration the tax-forfeited land bordering public water that is described in paragraph (c).

(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state if the city of Isanti stops using the land for the public purpose described in paragraph (d). The attorney general may make changes to the land description to correct errors and ensure accuracy. Prior to the sale, the commissioner of revenue shall grant a scenic easement as to the parcel described in paragraph (c) located within Sections 24 and 25, Township 35, Range 24, to protect the scenic, recreational and natural characteristics of the Rum River Wild, Scenic and Recreational River, in accordance with Minnesota Statutes, sections 103F.311, subdivision 6, and 103F.331, subdivision 1. The easement shall be 400 feet in width, lying easterly of the centerline of the Rum River.

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Section 36, Township 35, Range 24, Rum River Meadows Outlot D; ALSO Section 25, Township 35, Range 24, Villages on the Rum 5th Addition Outlot A, also in Section 24, Township 35, Range 24.

(d) The county has determined that the land is needed by the city of Isanti to use as a park.

Sec. 26. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; 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 the tax-forfeited lands bordering public water 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 changes to the land description to correct errors and ensure accuracy.

(1) the Southeast Quarter of the Southeast Quarter, less 3.42 acres for the railroad right-of-way, Section 36, Township 145, Range 25 (PIN No. 11-236-4400); and

(2) Lot 4, less that part lying East of creek, Section 14, Township 58, Range 24 (PIN No. 04-114-1302).

(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 TAX-FORFEITED LAND; ITASCA COUNTY.

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Itasca 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. The land must be sold for no less than its market value. The purchaser must provide a certified survey of the land acceptable to the county and must pay all survey and appraisal costs.

(c) The land to be sold is located in Itasca County and is described as: the West 50 feet of the North 380 feet of the Southeast Quarter of the Southeast Quarter, Section 19, Township 58 North, Range 24 West.

(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. 28. EXCHANGE OF STATE LAND; KANABEC COUNTY.

(a) Notwithstanding the riparian restrictions in Minnesota Statutes, section 94.342, subdivision 3, the commissioner of natural resources may, with the approval of the Land Exchange Board as required under the Minnesota Constitution, article XI, section 10, and according to the remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the riparian land described in paragraph (b).

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(b) The state land that may be exchanged is located in Kanabec County and is described as:

(1) the Northeast Quarter, Northwest Quarter, and Northwest Quarter of the Southeast Quarter, all in Section 16, Township 42 North, Range 24 West; and

(2) the East Half of the Northeast Quarter, North Half of the Southeast Quarter, and South Half of the Southeast Quarter, all in Section 9, Township 42 North, Range 23 West.

(c) The state land administered by the commissioner of natural resources borders the Snake River. The state land administered by the county borders Hay Creek. While those lands do not provide at least equal opportunity for access to the waters by the public, the land to be acquired by the commissioner in the exchange will improve access to adjacent state forest lands.

Sec. 29. PUBLIC SALE OF SURPLUS STATE LAND WITHIN STATE PARK; KITTSON COUNTY.

(a) Notwithstanding Minnesota Statutes, section 85.012, subdivision 1, the commissioner of natural resources may sell by public sale the surplus land within Lake Bronson State Park described in paragraph (c).

(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

(c) The land that may be sold is located in Kittson County and is described as: the following lots located in the Lakeside Subdivision Plat, located within the Southeast Quarter of the Northwest Quarter, Section 33, Township 161 North, Range 46 West:

(1) Lots 3 and 4, Block 1;

(2) Lots 4, 5, 7 to 9, and 13 to 15, Block 4; and

(3) Lots 1 to 7 and 12 to 15, Block 5.

Containing 2.15 acres, more or less.

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

Sec. 30. 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 lands 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 descriptions to correct errors and ensure accuracy.

(1) Lots 1 to 4, Block 4, Atlantic Ave. Addition to Duluth;

(2) Lots 5 to 7, Bay View Addition to Duluth No. 2;

(3) Lots 8 to 11, Bay View Addition to Duluth No. 2;

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(4) Lot 12, Block 44, Bay View Addition to Duluth No. 2;

(5) Lots 14 to 16, Duluth Heights 1st Division;

(6) that part of Lot 11 beginning at the southwest corner of said lot; thence northeast along the south line .20 feet; thence left 89 degrees 57 minutes 42 seconds a distance of 140.01 feet to a point on the north line of Lot 11 .12 feet East of the northwest corner; thence southwest to the northwest corner; thence southeast along the west line 140.01 feet to the point of beginning, Duluth Proper 1st Division West Superior Street;

(7) Lots 33 to 39, odd-numbered lots, Block 172, Duluth Proper Third Division;

(8) Lots 34 to 40, even-numbered lots, Block 172, Duluth Proper Third Division;

(9) Lots 49 to 63, odd-numbered lots, including part of vacated 4th Ave W adjacent to Lot 63, Duluth Proper Third Division;

(10) Lots 50 and 52, Duluth Proper Third Division;

(11) Lots 39 to 45, odd-numbered lots, Block 179, Duluth Proper Third Division;

(12) the southeasterly 30 feet of the northwesterly 100 feet, Lots 12 to 16, Soo Ry. Lease No. 7841, Marine Division of Duluth;

(13) the East 12-1/2 feet of the West 37-1/2 feet of Lots 1 and 2, West Duluth 5th Division;

(14) the East 10 feet of the South 63 feet of Lot 11 and the East 12-1/2 feet of the North 37 feet of Lot 11, Block 16, West Park Division of Duluth;

(15) the South 13 feet for st Lot 10, Block 4, Woodland Park 8th Division 1st Rearr Duluth;

(16) the North 13 feet of Lot 3, Block 5, Woodland Park 8th Division 1st Rearr Duluth;

(17) the North 13 feet of Lot 4, Block 5, Woodland Park 8th Division 1st Rearr Duluth;

(18) the South 424 feet of the North 999 feet of that part of the Northeast Quarter of the Northwest Quarter lying West of the old North Shore Road, except the highway right-of-way, 5.97 acres, and except that part lying South of the southerly highway right-of-way, Section 19, Township 51, Range 12, Town of Duluth;

(19) part of the Northwest Quarter of the Northeast Quarter, Section 19, Township 51, Range 17, Town of Industrial;

(20) part of Government Lot 3, Section 2, Township 64, Range 18, Beatty Township; and

(21) the South 70 feet of the East 313 feet of the Northeast Quarter of the Northwest Quarter, Section 31, Township 60, Range 17.

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

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Sec. 31. 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 lands bordering public water 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 changes to the land descriptions to correct errors and ensure accuracy.

(1) the westerly 200 feet of Lot 5, Section 31, Township 58, Range 16, Town of Biwabik;

(2) Lots 8, 9, and 10, Section 6, Township 62, Range 15, NE NA Mik Ka Ta Town of Breitung;

(3) Lots 14 to 17, Section 6, Township 62, Range 15, NE NA Mik Ka Ta Town of Breitung;

(4) Lot 242, Section 6, Township 62, Range 15, NE NA Mik Ka Ta Town of Breitung;

(5) Lots 251 to 254, Section 6, Township 62, Range 15, NE NA Mik Ka Ta Town of Breitung; and

(6) Lots 8 to 20, even-numbered lots, Upper Duluth St. Louis Avenue.

(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. 32. 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 lands bordering public water 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 changes to the land descriptions to correct errors and ensure accuracy.

(1) Lots 347 to 355, odd-numbered lots, Lower Duluth Minnesota Avenue;

(2) Lots 22 to 30, even-numbered lots, Lower Duluth St. Louis Avenue;

(3) Lots 44 to 54, even-numbered lots, Lower Duluth St. Louis Avenue;

(4) Lots 58 to 68, even-numbered lots, Lower Duluth St. Louis Avenue;

(5) Lots 78 to 84, even-numbered lots, Lower Duluth St. Louis Avenue;

(6) Lot 86, Lower Duluth St. Louis Avenue;

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(7) Lot 88, Lower Duluth St. Louis Avenue;

(8) Lot 132, Lower Duluth St. Louis Avenue;

(9) Lots 206 to 212, even-numbered lots, Lower Duluth St. Louis Avenue;

(10) Lots 324 to 330, even-numbered lots, Lower Duluth St. Louis Avenue;

(11) Lot 5, Section 7, Township 54, Range 16, Town of Cotton; and

(12) an undivided 11/12 interest, Lot 4, Section 29, Township 63, Range 12.

(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. 33. SALE OF NONCOMPLIANT TAX-FORFEITED LAND ON MINNESOTA POINT, DULUTH.

Notwithstanding Minnesota Statutes, section 282.01, subdivision 7a, tax-forfeited land located on Minnesota Point in Duluth, which cannot be improved because of noncompliance with local ordinances regarding minimum area, shape, frontage, or access, may, at the discretion of the St. Louis County auditor, be offered and sold by the county auditor to any single, specific adjoining or adjacent landowner without notifying or offering to sell to all adjoining or adjacent landowners.

Sec. 34. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WADENA COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Wadena County may sell the tax-forfeited lands bordering public water that are 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.

(1) PIN No. 03-025-1040;

(2) PIN No. 05-023-3020;

(3) PIN No. 05-024-4010;

(4) PIN No. 06-003-3100;

(5) PIN No. 07-001-2030;

(6) PIN No. 09-007-2030;

(7) PIN No. 09-007-2040;

(8) PIN No. 09-013-1030;

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(9) PIN No. 09-013-2010;

(10) PIN No. 13-002-3030;

(11) PIN No. 13-011-1010;

(12) PIN No. 13-011-2010;

(13) PIN No. 13-011-2020;

(14) PIN No. 13-012-2020;

(15) PIN No. 13-119-4010;

(16) PIN No. 13-127-3010;

(17) PIN No. 15-012-3060;

(18) PIN No. 15-012-3070;

(19) PIN No. 15-012-3080;

(20) PIN No. 17-440-0290;

(21) PIN No. 17-440-0300;

(22) PIN No. 18-300-0010;

(23) PIN No. 19-440-0070;

(24) PIN No. 19-440-0090;

(25) PIN No. 22-480-0390;

(26) PIN No. 02-350-0030;

(27) PIN No. 03-014-1290;

(28) PIN No. 03-024-3020;

(29) PIN No. 08-001-1010;

(30) PIN No. 03-011-1040;

(31) PIN No. 03-011-1050;

(32) PIN No. 03-013-3010;

(33) PIN No. 06-015-1020;

(34) PIN No. 13-121-3010;

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(35) PIN No. 13-121-3020;

(36) PIN No. 13-128-2010;

(37) PIN No. 07-016-2020; and

(38) PIN No. 12-024-4020.

(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. 35. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WADENA COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Wadena 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. The land may not be sold until the existing timber contract on the land is fulfilled.

(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. 36. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WADENA COUNTY.

(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 permanent conservation easements, according to Minnesota Statutes, section 282.37, for the lands described in paragraph (c). The easements shall serve to provide access to anglers. The easement for land described in paragraph (c), clause (1), shall be 66 feet in width lying north of the centerline of Union Creek. The easements for the lands described in paragraph (c), clauses (2) to (4), shall be 66 feet in width lying south of the centerline of Union Creek.

(1) PIN No. 22-600-0830;

(2) PIN No. 22-770-0010;

(3) PIN No. 22-770-0020; and

(4) PIN No. 22-770-0030.

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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. 37. CONVEYANCE OF SURPLUS STATE LAND; WASHINGTON COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 16A.695 and 16B.281 to 16B.296, the commissioner of administration may convey to the city of Bayport for no consideration the surplus land that is described in paragraph (c).

(b) The conveyance must be in a form approved by the attorney general and provide that the lands revert to the state if the city of Bayport stops using the land for the public purpose described in paragraph (d). The attorney general may make changes to the land description to correct errors and ensure accuracy.

That part of the Southeast Quarter of the Southwest Quarter, Section 3, Township 29 North, Range 20 West, Washington County, Minnesota described as follows:

Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence South 89 degrees 28 minutes 13 seconds West, assigned bearing, along the south line of said Southeast Quarter of the Southwest Quarter, a distance of 665.22 feet to the easterly right-of-way line of Stagecoach Trail North (A.K.A. County State-Aid Highway 21); thence North 00 degrees 31 minutes 47 seconds West, along said easterly right-of-way line, 60.00 feet to the point of beginning of the tract to be herein described; thence North 34 degrees 35 minutes 03 seconds West, along said right-of-way line, 112.00 feet; thence North 21 degrees 21 minutes 41 seconds East, along said right-of-way line, 508.03 feet; thence South 70 degrees 24 minutes 54 seconds East, 250.49 feet; thence South 00 degrees 08 minutes 49 seconds East, 478.06 feet to the northerly right-of-way line of County State-Aid Highway 14 (A.K.A. 5th Avenue North); thence South 89 degrees 28 minutes 13 seconds West, along said northerly right-of-way line, 358.72 feet to the point of beginning. Subject to easements, restrictions and reservations of record.

(d) The commissioner has determined that the land is no longer needed for any state purpose and that the state's land management interests would best be served if the land was conveyed to and used by the city of Bayport for a fire station.

Sec. 38. MERGER OF SOUDAN UNDERGROUND MINE STATE PARK, ST. LOUIS COUNTY, INTO LAKE VERMILION STATE PARK, ST. LOUIS COUNTY.

Soudan Underground Mine State Park is merged into Lake Vermilion State Park. The merged park shall be known as Lake Vermilion-Soudan Underground Mine State Park.

Sec. 39. REVISOR'S INSTRUCTIONS.

(a) In Minnesota Statutes, the revisor of statutes shall combine the legislative history of Soudan Underground Mine State Park with the legislative history of Lake Vermilion State Park.

(b) In Minnesota Statutes, the revisor of statutes shall renumber section 84.157 as section 94.3435 and make necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the renumbering.

Sec. 40. REPEALER.

Minnesota Statutes 2012, section 85.012, subdivision 53a, is repealed.

Sec. 41. EFFECTIVE DATE.

Sections 1 to 40 are effective the day following final enactment."

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Delete the title and insert:

"A bill for an act relating to state lands; modifying disposition of certain land and revenue; modifying requirement for commissioner's approval of certain land sales; adding to and deleting from state forests and recreation areas; authorizing public and private sales, conveyances, and exchanges of certain state lands; merging certain state parks; authorizing purchase of Brainerd Dam; amending Minnesota Statutes 2012, sections 89.022; 282.01, subdivision 3; 282.011, subdivision 1; 282.02; 459.06, subdivisions 1, 3; 477A.17; Minnesota Statutes 2013 Supplement, section 85.012, subdivision 38a; repealing Minnesota Statutes 2012, section 85.012, subdivision 53a."

With the recommendation that when so amended the bill be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

H. F. No. 2302, A bill for an act relating to human services; modifying the caregiver requirements for family child care; amending Minnesota Statutes 2012, section 245A.02, subdivision 19; proposing coding for new law in Minnesota Statutes, chapter 245A.

Reported the same back with the following amendments:

Page 1, delete section 2

Amend the title as follows:

Page 1, line 2, delete "caregiver requirements" and insert "child age classifications"

Correct the title numbers accordingly

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

The report was adopted.

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

H. F. No. 2311, A bill for an act relating to waters; prohibiting county commissioners from serving as drainage inspectors; amending Minnesota Statutes 2012, section 103E.065.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

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Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2314, A bill for an act relating to health; providing an exception to the hospital construction moratorium; amending Minnesota Statutes 2012, section 144.551, subdivision 1.

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

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2318, A bill for an act relating to school board elections; authorizing Special School District No. 6, South St. Paul, to dissolve election districts.

Reported the same back with the following amendments:

Page 1, line 7, before "Special" insert "or any other law,"

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 2372, A bill for an act relating to human rights; making changes to scope of application for certificate of compliance; clarifying requirements for bids and proposals from certain businesses; amending Minnesota Statutes 2012, section 473.144; Minnesota Statutes 2013 Supplement, sections 363A.36, subdivision 1; 363A.37, subdivision 1.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2396, A bill for an act relating to employment; requiring state agencies and professional licensing boards to expedite license processing for members of the military; providing for temporary licensure for certain military members; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 197.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [197.4552] EXPEDITED LICENSE PROCESSING; FORMER AND CURRENT MEMBERS OF THE MILITARY.

Notwithstanding any other law to the contrary, each professional licensing board defined in section 214.01, subdivisions 2 and 3, shall establish a procedure to expedite the issuance of a license or certification to perform professional services regulated by each board to a qualified individual who is:

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(1) an active duty military member;

(2) the spouse of an active duty military member; or

(3) an inactive military veteran who has left service in the two years preceding the date of license or certification application, and has confirmation of an honorable or general discharge status.

Sec. 2. REPORT ON TEMPORARY LICENSES.

(a) The governor shall designate representatives of professional licensing boards listed under Minnesota Statutes, section 214.01, subdivisions 2 and 3, to report to the legislature by January 15, 2015, on procedures for issuing temporary licenses or certifications to qualified persons who are active duty military members, spouses of active duty military members, and veterans who have recently left military service. The report must include recommendations on:

(1) conditions for issuance of temporary licenses, including evidence of credentialing in other states;

(2) duration of the temporary licenses or certifications; and

(3) general legislation or board-specific legislation needed to implement temporary licensure recommendations quickly and cost-efficiently.

(b) The recommendations of the report must ensure that to qualify for a temporary license, a person must:

(1) produce evidence of a valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and

(2) produce evidence of a current criminal background check without a criminal conviction that adversely affects the person's ability to become licensed."

Delete the title and insert:

"A bill for an act relating to employment; requiring professional licensing boards to expedite issuance of license or certification to military members or their spouses or certain inactive military veterans; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 197."

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

The report was adopted.

Lesch from the Committee on Civil Law to which was referred:

H. F. No. 2413, A bill for an act relating to commerce; prohibiting certain practices in connection with a sales representative agreement; amending Minnesota Statutes 2012, section 325E.37, by adding a subdivision.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

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Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

H. F. No. 2419, A bill for an act relating to retirement; creating the Minnesota secure choice retirement savings plan; requiring a report; establishing a trust account; proposing coding for new law as Minnesota Statutes, chapter 352G.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. REPORT; RETIREMENT SAVINGS PLAN.

(a) The commissioner of management and budget must report to the legislature by January 15, 2015, on potential establishment of a state-administered retirement savings plan to serve employees without access to either an automatic enrollment payroll deduction IRA maintained or offered by their employer, or a multi-employer retirement plan or qualifying retirement plan or arrangement described in sections 414(f) and 219(g)(5), respectively, of the Internal Revenue Code of 1986, as amended through April 14, 2011. The potential state-administered plan would provide for individuals to make contributions to their own accounts, with the benefit consisting of the balance in each individual's account, and with the state having no liability for investment earnings and losses.

(b) The report must include:

(1) estimates of the average amount of savings and other financial resources residents of Minnesota have upon retirement and those that are recommended for a financially secure retirement in Minnesota;

(2) estimates of the relative progress toward achieving the savings recommended for a financially secure retirement by gender, race, and ethnicity;

(3) barriers to savings and reasons individuals and employers may not be participating in existing private sector retirement plans;

(4) estimated impact on publicly funded social safety net programs attributable to insufficient retirement savings, and the aggregate effect of potential state-administered plan options on publicly funded social safety net programs and the state economy;

(5) estimates of the number of Minnesota workers who could be served by the potential state-administered plan, and the participation rate that would make the plan self-sustaining;

(6) effect of federal tax laws and the federal Employee Retirement Income Security Act on a potential state-administered plan and on participating employers and employees, including the effect of these laws if the plan included potential for employer contributions, either commingled with or segregated from employee contributions;

(7) advantages and disadvantages of a potential state-administered plan compared to private sector and federal government retirement savings options;

(8) existing state and federal consumer protections that would apply to a potential state-administered plan and options for strengthening consumer protections for plan participants;

(9) alternative ways and costs for the state to encourage similar outcomes to a state-administered plan;

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(10) options for state administration of the plan, including investment strategies for funds contributed to the plan in consultation with the State Board of Investment, the potential use and availability of investment strategies, private insurance, underwriting, or reinsurance against loss to limit or eliminate potential state liability and manage risk to the principal, and group annuities to ensure a stable stream of retirement income throughout beneficiaries' retirement years;

(11) options for meeting the investment needs of participants based on income, desired liquidity, age, risk tolerance, and other factors determined by the commissioner;

(12) options for the process by which individuals or employers would contribute to the plan, and their effect on participation rates, savings rates, and fees;

(13) options discouraging employers from dropping existing employer-sponsored retirement savings plans in favor of a potential state-administered plan;

(14) projected costs of administration, record keeping, and investment management, including staffing, legal, compliance, licensing, procurement, communications with employers and employees, oversight, marketing, technology and infrastructure, and the fee needed to cover these costs as a percentage of the average daily net assets of the potential state-administered plan, relative to asset size and plan structure, and projected by year of plan operation, with estimates of investment-related fees determined in consultation with the State Board of Investment;

(15) how the projected fees compare with those of comparable retirement savings options in the private sector with similar risk-adjusted return expectations; and

(16) other topics that the commissioner determines are relevant to legislative consideration of possible establishment of a state-administered plan.

Sec. 2. APPROPRIATION.

$....... is appropriated from the general fund for the fiscal year ending June 30, 2014, for purposes of section 1. This appropriation is available until spent.

Sec. 3. EFFECTIVE DATE.

Sections 1 and 2 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to retirement; requiring the commissioner of management and budget to report to the legislature on a state-administered retirement savings plan; appropriating money."

With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Veterans Affairs.

The report was adopted.

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

H. F. No. 2446, A bill for an act relating to public safety; granting the Board of Pharmacy cease and desist authority to prevent the sale of synthetic drugs; modifying laws governing misbranding drugs, adulterated drugs; expanding the definition of drug; repealing the sunset and legislative reporting requirement for the Board of

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Pharmacy's emergency drug scheduling authority; providing training and expert support in the prosecution of synthetic drug cases; establishing a public education plan; appropriating money; amending Minnesota Statutes 2012, sections 151.01, subdivision 5; 151.06, by adding subdivisions; 151.26, subdivision 1; 151.34; 151.35; 151.36; 152.02, subdivision 8b.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 151.01, subdivision 5, is amended to read:

Subd. 5. Drug. The term "drug" means all medicinal substances and preparations recognized by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals, and all substances and preparations, other than food, intended to affect the structure or any function of the bodies of humans or other animals. The term drug shall also mean any compound, substance, or derivative that is not approved for human consumption by the United States Food and Drug Administration or specifically permitted for human consumption under Minnesota law and, when introduced into the body, induces an effect similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the purpose of human consumption.

EFFECTIVE DATE. This section is effective August 1, 2014.

Sec. 2. Minnesota Statutes 2012, section 151.06, subdivision 1a, is amended to read:

Subd. 1a. ~~Disciplinary action~~ Cease and desist orders. It shall be grounds for disciplinary action by the Board of Pharmacy against the registration of the pharmacy if the Board of Pharmacy determines that any person with supervisory responsibilities at the pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization review and patient counseling as required by rules adopted under subdivision 1. The Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions taken under this section. (a) Whenever it appears to the board that a person has engaged in an act or practice constituting a violation of a law, rule, or other order related to the duties and responsibilities entrusted to the board, the board may issue and cause to be served upon the person an order requiring the person to cease and desist from violations.

(b) The cease and desist order must state the reasons for the issuance of the order and must give reasonable notice of the rights of the person to request a hearing before an administrative law judge. A hearing must be held not later than ten days after the request for the hearing is received by the board. After the completion of the hearing, the administrative law judge shall issue a report within ten days. Within 15 days after receiving the report of the administrative law judge, the board shall issue a further order vacating or making permanent the cease and desist order. The time periods provided in this provision may be waived by agreement of the executive director of the board and the person against whom the cease and desist order was issued. If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person is in default, and the proceeding may be determined against that person upon consideration of the cease and desist order, the allegations of which may be considered to be true. Unless otherwise provided, all hearings must be conducted according to chapter 14. The board may adopt rules of procedure concerning all proceedings conducted under this subdivision.

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(d) A cease and desist order issued under this subdivision remains in effect until it is modified or vacated by the board. The administrative proceeding provided by this subdivision, and subsequent appellate judicial review of that administrative proceeding, constitutes the exclusive remedy for determining whether the board properly issued the cease and desist order and whether the cease and desist order should be vacated or made permanent.

EFFECTIVE DATE. This section is effective August 1, 2014, and applies to violations occurring on or after that date.

Sec. 3. Minnesota Statutes 2012, section 151.06, is amended by adding a subdivision to read:

Subd. 1b. Enforcement of violations of cease and desist orders. (a) Whenever the board under subdivision 1a seeks to enforce compliance with a cease and desist order that has been made permanent, the allegations of the cease and desist order are considered conclusively established for purposes of proceeding under subdivision 1a for permanent or temporary relief to enforce the cease and desist order. Whenever the board under subdivision 1a seeks to enforce compliance with a cease and desist order when a hearing or hearing request on the cease and desist order is pending, or the time has not yet expired to request a hearing on whether a cease and desist order should be vacated or made permanent, the allegations in the cease and desist order are considered conclusively established for the purposes of proceeding under subdivision 1a for temporary relief to enforce the cease and desist order.

(b) Notwithstanding this subdivision or subdivision 1a, the person against whom the cease and desist order is issued and who has requested a hearing under subdivision 1a may, within 15 days after service of the cease and desist order, bring an action in Ramsey County District Court for issuance of an injunction to suspend enforcement of the cease and desist order pending a final decision of the board under subdivision 1a to vacate or make permanent the cease and desist order. The court shall determine whether to issue such an injunction based on traditional principles of temporary relief.

EFFECTIVE DATE. This section is effective August 1, 2014, and applies to violations occurring on or after that date.

Sec. 4. Minnesota Statutes 2012, section 151.26, subdivision 1, is amended to read:

Subdivision 1. Generally. Nothing in this chapter shall subject a person duly licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection by the State Board of Pharmacy, nor prevent the person from administering drugs, medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, chemicals, or poisons as may be considered appropriate in the treatment of such patient; unless the person is engaged in the dispensing, sale, or distribution of drugs and the board provides reasonable notice of an inspection.

Except for the provisions of section 151.37, nothing in this chapter applies to or interferes with the dispensing, in its original package and at no charge to the patient, of a legend drug, other than a controlled substance, that was packaged by a manufacturer and provided to the dispenser for distribution as a professional sample.

Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or poisons at wholesale to licensed physicians, dentists and veterinarians for use in their practice, nor to hospitals for use therein.

Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in this chapter shall prevent the sale of common household preparations and other drugs, chemicals, and poisons sold exclusively for use for nonmedicinal purposes; provided that this exception does not apply to any compound, substance, or derivative that is not approved for human consumption by the United States Food and Drug Administration or specifically permitted for human consumption under Minnesota law and,

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when introduced into the body, induces an effect similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the purpose of human consumption.

Nothing in this chapter shall apply to or interfere with the vending or retailing of any nonprescription medicine or drug not otherwise prohibited by statute which is prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and labeled in accordance with the requirements of the state or federal Food and Drug Act; nor to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, cosmetics, perfumes, spices, and other commonly used household articles of a chemical nature, for use for nonmedicinal purposes; provided that this exception does not apply to any compound, substance, or derivative that is not approved for human consumption by the United States Food and Drug Administration or specifically permitted for human consumption under Minnesota law and, when introduced into the body, induces an effect similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the purpose of human consumption. Nothing in this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a discount to persons over 65 years of age.

EFFECTIVE DATE. This section is effective August 1, 2014.

Sec. 5. Minnesota Statutes 2012, section 151.34, is amended to read:

151.34 PROHIBITED ACTS.

It shall be unlawful to:

(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated or misbranded;

(2) adulterate or misbrand any drug;

(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or proffer delivery thereof for pay or otherwise;

(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to permit access to or copying of any record as authorized by this chapter;

(5) remove or dispose of a detained or embargoed article in violation of this chapter;

(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling of, or to do any other act with respect to a drug, if such act is done while such drug is held for sale and results in such drug being adulterated or misbranded;

(7) use for a person's own advantage or to reveal other than to the board or its authorized representative or to the courts when required in any judicial proceeding under this chapter any information acquired under authority of this chapter concerning any method or process ~~which~~ that is a trade secret and entitled to protection;

(8) use on the labeling of any drug any representation or suggestion that an application with respect to such drug is effective under the federal act or that such drug complies with such provisions;

(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter ~~which~~ that is

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required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under provisions of this chapter;

(10) conduct a pharmacy without a pharmacist in charge;

(11) dispense a legend drug without first obtaining a valid prescription for that drug;

(12) conduct a pharmacy without proper registration with the board;

(13) practice pharmacy without being licensed to do so by the board; or

(14) sell at retail federally restricted medical gases without proper registration with the board except as provided in this chapter.; or

(15) sell any compound, substance, or derivative that is not approved for human consumption by the United States Food and Drug Administration or specifically permitted for human consumption under Minnesota law and, when introduced into the body, induces an effect similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the purpose of human consumption.

EFFECTIVE DATE. This section is effective August 1, 2014, and applies to sales on or after that date.

Sec. 6. Minnesota Statutes 2012, section 151.35, is amended to read:

151.35 DRUGS, ADULTERATION.

A drug shall be deemed to be adulterated:

(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health, or whereby it may have been contaminated with filth; or if the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice as required under the federal act to assure that such drug is safe and has the identity, strength, quality, and purity characteristics, which it purports or is represented to possess; or the facility in which it was produced was not registered by the United States Food and Drug Administration or licensed by the board; or, its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act, or it is a color additive, the intended use of which in or on drugs is for the purposes of coloring only, and is unsafe within the meaning of the federal act;

(2) if it purports to be or is represented as a drug the name of which is recognized in the United States Pharmacopoeia or the National Formulary, and its strength differs from, or its quality or purity falls below, the standard set forth therein. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in the United States Pharmacopoeia or the National Formulary shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label;

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(3) if it is not subject to the provisions of paragraph (2) of this section and its strength differs from, or its purity or quality differs from that which it purports or is represented to possess;

(4) if any substance has been mixed or packed therewith so as to reduce its quality or strength, or substituted wholly or in part therefor.

EFFECTIVE DATE. This section is effective August 1, 2014.

Sec. 7. Minnesota Statutes 2012, section 151.36, is amended to read:

151.36 DRUGS, MISBRANDING.

A drug shall be deemed to be misbranded:

(1) if its labeling is false or misleading in any particular;

(2) if in package form and not dispensed pursuant to a prescription unless it bears a label containing (a) the name and place of business of the manufacturer, packer, or distributor, (b) a statement of ~~identity~~ ingredients, and (c) an accurate statement of the net quantity of the contents in terms of weight, measure, or numerical count, provided, however, that under (c) reasonable variations shall be permitted, and exceptions as to small packages shall be allowed in accordance with the federal act;

(3) if any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it to be read and understood by the ordinary individual under customary conditions of purchase and use;

(4) if it otherwise fails to meet the labeling requirements of the federal act.

EFFECTIVE DATE. This section is effective August 1, 2014.

Sec. 8. Minnesota Statutes 2012, section 152.02, subdivision 8b, is amended to read:

Subd. 8b. Board of Pharmacy; expedited scheduling of additional substances. ~~(a)~~ The state Board of Pharmacy may, by rule, add a substance to Schedule I provided that it finds that the substance has a high potential for abuse, has no currently accepted medical use in the United States, has a lack of accepted safety for use under medical supervision, has known adverse health effects, and is currently available for use within the state. For the purposes of this subdivision only, the board may use the expedited rulemaking process under section 14.389. The scheduling of a substance under this subdivision expires the day after the adjournment of the legislative session immediately following the substance's scheduling unless the legislature by law ratifies the action.

(b) If the board schedules a substance under this subdivision, the board shall notify in a timely manner the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over criminal justice and health policy and finance of the action and the reasons for it. The notice must include a copy of the administrative law judge's decision on the matter.

~~(c) This subdivision expires August 1, 2014.~~

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

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Sec. 9. [152.0273] SYNTHETIC DRUG SALES; MANDATORY RESTITUTION.

The court shall order a person convicted of selling a controlled substance or analog of a controlled substance under the false pretense that the substance is legal to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the medical costs of persons who consumed the substances sold by the offender and the reasonable costs incurred by public and private entities that provided an emergency response to a person who consumed the substances sold by the offender.

Sec. 10. MINNESOTA DEPARTMENT OF HUMAN SERVICES.

$50,000 in fiscal year 2014 and $50,000 in fiscal year 2015 are appropriated from the general fund to the Department of Human Services for increasing public awareness of the dangers of synthetic drugs. The educational awareness campaign should be designed to reach a broad audience but contain targeted messages for students and young adults. The commissioners of education, health, and human services shall cooperate in the formulation and implementation of the educational awareness campaign. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

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

Amend the title as follows:

Page 1, line 6, delete everything after the semicolon

Page 1, line 7, delete everything before the first semicolon and insert "providing for mandatory restitution when a person is convicted for selling controlled substance under false pretense of being legal"

Correct the title numbers accordingly

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

The report was adopted.

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

H. F. No. 2447, A bill for an act relating to veterans; requiring employers to provide veterans time off for Veterans Day; proposing coding for new law in Minnesota Statutes, chapter 197.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 2460, A bill for an act relating to transportation; railroads; establishing standards for railroad yard lighting; proposing coding for new law in Minnesota Statutes, chapter 219.

Reported the same back with the following amendments:

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Page 1, delete line 24 and insert:

"(2) compliant with the National Electrical Code;"

Page 3, lines 10 and 11, delete "must" and insert "shall"

Page 3, delete lines 12 to 21

Page 3, line 22, delete "8" and insert "7"

Page 3, line 24, delete "9" and insert "8"

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

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2461, A bill for an act relating to employment; providing for earned sick and safe time; proposing coding for new law in Minnesota Statutes, chapter 181; repealing Minnesota Statutes 2013 Supplement, section 181.9413.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.

The report was adopted.

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 2469, A bill for an act relating to employment; requiring state agencies and professional licensing boards to expedite license processing for members of the military; providing for temporary licensure for certain military members; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 197.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [197.4552] EXPEDITED LICENSE PROCESSING; FORMER AND CURRENT MEMBERS OF THE MILITARY.

(1) an active duty military member;

(2) the spouse of an active duty military member; or

(3) an inactive military veteran who has left service in the two years preceding the date of license or certification application, and has confirmation of an honorable or general discharge status.

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Sec. 2. REPORT ON TEMPORARY LICENSES.

(1) conditions for issuance of temporary licenses, including evidence of credentialing in other states;

(2) duration of the temporary licenses or certifications; and

(3) general legislation or board-specific legislation needed to implement temporary licensure recommendations quickly and cost-efficiently.

(b) The recommendations of the report must ensure that to qualify for a temporary license, a person must:

(1) produce evidence of a valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and

(2) produce evidence of a current criminal background check without a criminal conviction that adversely affects the person's ability to become licensed."

Delete the title and insert:

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

The report was adopted.

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 2501, A bill for an act relating to capital investment; appropriating money for the St. Louis County Sheriff's Rescue Squad facility; authorizing the sale and issuance of state bonds.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment.

The report was adopted.

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

H. F. No. 2528, A bill for an act relating to water; requiring groundwater management area advisory teams and approval of groundwater management area plans; amending Minnesota Statutes 2013 Supplement, section 103G.287, subdivision 4.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2013 Supplement, section 103G.287, subdivision 4, is amended to read:

Subd. 4. Groundwater management areas. (a) The commissioner may designate groundwater management areas and limit total annual water appropriations and uses within a designated area to ensure sustainable use of groundwater that protects ecosystems, water quality, and the ability of future generations to meet their own needs. Water appropriations and uses within a designated management area must be consistent with a groundwater management area plan approved by the commissioner that addresses water conservation requirements and water allocation priorities established in section 103G.261. Before implementing a groundwater management area plan developed under this subdivision, the commissioner must receive approval of the plan from the advisory team established in paragraph (c).

(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota Rules, within designated groundwater management areas, the commissioner may require general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers serving less than 25 persons for domestic purposes. The commissioner may waive the requirements under section 103G.281 for general permits issued under this paragraph, and the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general permits issued under this paragraph. The commissioner shall not implement permit requirements under this paragraph unless the requirements have been included in a groundwater management area plan that has been approved as required under this subdivision.

(c) When designating a groundwater management area, the commissioner shall assemble an advisory team to assist in developing the boundaries and a groundwater management area plan for the area. Local units of government shall comprise half of the members, with preference given to members representing local units of government that hold one or more state water appropriation permits. These members shall be selected by the League of Minnesota Cities, the Association of Minnesota Counties, and the Minnesota Association of Townships. The other half of the advisory team members shall include members representing other water appropriation permit holders, the Department of Natural Resources, the Pollution Control Agency, the Department of Agriculture, the Department of Health, and the Metropolitan Council if the groundwater management area includes land located in the seven-county metropolitan area. The advisory team may also include nonvoting members from the University of Minnesota, the Minnesota State Colleges and Universities, and federal agencies.

EFFECTIVE DATE. This section is effective retroactively from January 1, 2013, and applies to all groundwater management areas designated or to be designated in the state."

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

The report was adopted.

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

H. F. No. 2531, A bill for an act relating to campaign finance; making various technical changes; authorizing the board to request reconciliation information; authorizing certain fees; authorizing the board to establish a system to store electronic records online; modifying certain definitions and fee amounts; imposing penalties; amending Minnesota Statutes 2012, sections 10A.01, subdivision 5; 10A.02, subdivision 11a, by adding a subdivision; 10A.025, by adding a subdivision; 10A.09, subdivisions 1, 5, by adding a subdivision; 10A.12, subdivision 5;

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10A.255, subdivision 3; 10A.28, subdivision 4; 13.607, subdivision 5a; 211A.02, subdivision 2; Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision 10; 10A.02, subdivision 11; 10A.025, subdivision 4; 10A.20, subdivisions 2, 5; repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.

Reported the same back with the following amendments:

Page 4, delete section 5

Page 10, delete section 16

Page 10, line 28, delete "18" and insert "16"

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, delete the second "authorizing"

Page 1, line 4, delete everything before "modifying"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

H. F. No. 2542, A bill for an act relating to environment; prohibiting and regulating certain lead and mercury products; amending Minnesota Statutes 2012, sections 115A.932, subdivision 1; 116.92, subdivisions 4, 5, 6, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116.

Reported the same back with the following amendments:

Page 5, after line 7, insert:

"Subd. 7. Educational materials; outreach. Prior to the effective date of this section, the agency shall produce and distribute educational materials on the prohibitions required under this section to businesses subject to the prohibitions and shall conduct additional outreach and education activities to those businesses."

Page 5, line 8, delete "January" and insert "July"

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

The report was adopted.

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Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2556, A bill for an act relating to veterans; veterans housing and long-term care; providing exemptions for certain moratoriums on new residential facilities; providing grants for housing needs assessments for veterans; appropriating money; amending Minnesota Statutes 2012, section 256I.04, subdivision 3; Minnesota Statutes 2013 Supplement, section 245A.03, subdivision 7.

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

The report was adopted.

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

H. F. No. 2569, A bill for an act relating to education; adopting the interstate compact on educational opportunity for military children; requiring a military-connected youth identifier; amending Minnesota Statutes 2012, section 127A.70, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 127A.

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

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2617, A bill for an act relating to state government; making technical changes; renumbering sections; eliminating or modernizing antiquated, unnecessary, and obsolete language; updating existing provisions; amending Minnesota Statutes 2012, sections 3.225, subdivision 2; 14.46, subdivision 4; 16A.126, subdivision 1; 16B.01, subdivision 6; 16B.04, subdivisions 2, 4; 16B.48, subdivision 2; 16C.02, as amended; 16C.03; 16C.04, subdivision 2; 16C.05; 16C.055, subdivision 2; 16C.06, as amended; 16C.08; 16C.10, as amended; 16C.144, subdivision 5; 16C.25; 16C.26, subdivision 3; 16C.28; 161.3206; 469.101, subdivision 5a; 471.345, subdivision 16; Minnesota Statutes 2013 Supplement, section 16C.09; proposing coding for new law in Minnesota Statutes, chapter 16C; repealing Minnesota Statutes 2012, sections 16B.01, subdivisions 4, 5; 16B.24, subdivision 7; 16B.295; 16B.47; 16B.93, subdivisions 1, 2, 3, 4, 5, 6, 7; 16B.94, subdivisions 1, 2, 3, 4; 16B.95, subdivisions 1, 2; 16B.96; 16C.03, subdivision 19; 16C.085; 16C.16, subdivision 9; 16C.22; 16C.24; 16C.27, subdivisions 1, 2, 3; 16C.32, subdivision 3.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 9, line 7, reinstate the stricken "The"

Page 9, line 8, reinstate the stricken "commissioner shall make all decisions regarding acquisition activities."

Page 13, delete subdivision 20

Page 17, line 1, after the first period, insert "To the extent practical, this must include posting on a state Web site."

Page 27, line 8, strike "16C.26" and insert "16C.251"

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Page 28, line 3, strike "section" and delete "16C.26" and strike the first comma

Page 31, delete section 1

Renumber the sections in sequence and correct the internal references

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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

H. F. No. 2628, A bill for an act relating to natural resources; providing for weigh stations and rest areas to be used as watercraft decontamination sites.

Reported the same back with the following amendments:

Page 1, line 5, delete "WEIGH STATIONS"

Page 1, line 6, delete "AND"

Page 1, line 8, delete "weigh stations and"

Amend the title as follows:

Page 1, line 2, delete "weigh stations and"

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

The report was adopted.

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 2654, A bill for an act relating to public safety; eliminating part-time peace officer licensure; amending Minnesota Statutes 2012, section 626.8468, subdivision 1; repealing Minnesota Statutes 2012, sections 626.8462; 626.8464; 626.8465, subdivision 3; 626.8468, subdivision 2; Minnesota Rules, part 6700.1101, subparts 5, 6.

Reported the same back with the following amendments:

Page 1, line 11, delete "the day following final"

Page 1, line 12, delete "enactment" and insert "August 1, 2014,"

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Page 1, lines 14 and 16, delete "the day following final enactment" and insert "August 1, 2014"

Page 2, lines 9 and 18, delete "the day following final enactment" and insert "August 1, 2014"

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Lesch from the Committee on Civil Law to which was referred:

H. F. No. 2656, A bill for an act relating to health; modifying the use of the all-payer claims data; convening a work group to make recommendations on expanded uses of the all-payer claims database; amending Minnesota Statutes 2012, section 62U.04, subdivision 4, by adding subdivisions.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 2684, A bill for an act relating to transportation; amending requirements governing graduated driver licensing; amending Minnesota Statutes 2012, sections 171.01, by adding a subdivision; 171.05, by adding a subdivision; 171.055, subdivision 1; 171.0701, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 171.05, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 28, delete "(a), clause (6)" and insert "(d)"

Page 4, line 7, delete "or as provided in clause (6), item (i)"

Page 4, line 10, after the semicolon, insert "and"

Page 4, lines 11 to 17, delete the new language

Page 4, after line 24, insert:

"(d) Notwithstanding paragraph (a), clause (5), the total hours under that clause are increased to 60 hours, unless the applicant for an instruction permit submits a certification of supplemental parental curriculum as provided under section 171.05, subdivision 2, paragraph (b), for the primary driving supervisor identified under paragraph (a), clause (5)."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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Lesch from the Committee on Civil Law to which was referred:

H. F. No. 2687, A bill for an act relating to judiciary; authorizing monthly review of district judge dispositions for compliance with 90-day disposition requirement; amending Minnesota Statutes 2012, section 546.27, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 546.27, subdivision 2, is amended to read:

Subd. 2. Board of on Judicial Standards review. ~~At least annually,~~ The chief judges of the judicial districts and the Board on Judicial Standards shall review the compliance of ~~each~~ district ~~judge~~ judges with the provisions of subdivision 1 as provided in this subdivision. To facilitate this review, the director of the state judicial information system shall ~~notify the executive secretary of the state Board on Judicial Standards when a matter exceeds~~ provide monthly reports to the chief judges identifying matters that have exceeded 90 days without a disposition. The board shall notify the commissioner of management and budget of each judge not in compliance. If the board finds that a judge has compelling reasons for noncompliance, it may decide not to issue the notice. Upon ~~notification that~~ the first 90-day infraction, the director shall notify the chief judge of the judge's district that a judge is not in compliance, the commissioner of management and budget shall not pay the salary of that judge. The board may cancel a notice of noncompliance upon finding that a judge is in compliance, but in no event shall a judge be paid a salary for the period in which the notification of noncompliance was in effect. The chief judge shall take appropriate action to remedy the infraction. Upon a second 90-day infraction occurring on or before five years from the date of the first infraction by the same judge, the director shall again refer the matter to the chief judge. Within 45 days of the referral, the chief judge shall develop a written plan with the judge to remedy the 90-day infraction and avoid future 90-day infractions and notify the Board on Judicial Standards of the development of the written plan. At a minimum, the written plan must include measures taken to release timely decisions, timelines for substantial compliance, and audit procedures to monitor progress. If at any time the judge fails to follow the written plan, the chief judge shall notify the Board on Judicial Standards for further action. Upon a third 90-day infraction on or before five years from the date of the first 90-day infraction, the chief judge shall notify the Board on Judicial Standards, which shall take appropriate action. This section does not affect the chief judge's duty under the Minnesota Code of Judicial Conduct to take appropriate action in response to violations of the code. Should the board receive a complaint alleging a serious violation of this section, the board's authority to review and act shall not be limited."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

H. F. No. 2691, A bill for an act relating to education; establishing a due date for an evaluation report of the early learning scholarships; amending Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 5.

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

The report was adopted.

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Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 2708, A bill for an act relating to motor vehicles; requiring same expiration date for certain overweight permits as for the vehicle's plate registration date; amending Minnesota Statutes 2012, sections 169.826, by adding a subdivision; 169.8261, by adding a subdivision; 169.86, subdivision 5; 169.863, by adding a subdivision; 169.865, by adding a subdivision; 169.866, subdivision 3, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, lines 10 and 14, before "The" insert "Upon request of the permit applicant"

Page 1, lines 11 and 15, delete "is" and insert "must be"

Page 4, line 33, before "The" insert "Upon request of the permit applicant"

Page 4, line 34, delete "is" and insert "must be"

Page 5, lines 1 and 12, before "The" insert "Upon request of the permit applicant"

Page 5, lines 2 and 13, delete "is" and insert "must be"

Page 5, after line 13, insert:

"Sec. 8. EFFECTIVE DATE.

Sections 1 to 7 are effective November 30, 2016, and apply to permits issued on and after that date."

Amend the title as follows:

Page 1, line 2, delete "requiring" and insert "allowing"

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

The report was adopted.

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

H. F. No. 2715, A bill for an act relating to natural resources; modifying and repealing certain obsolete laws; providing for certain regulatory efficiencies; amending Minnesota Statutes 2012, sections 13.7411, subdivision 8; 84.025, subdivision 10; 84.028, subdivision 3; 84.081, subdivision 1; 84.781; 88.6435, subdivision 1; 103C.211; 103C.311, subdivision 1; 103C.401, subdivision 1; 103F.135, subdivision 1; 103G.005, subdivisions 9, 9a; 103G.315, subdivision 12; 115.06, subdivision 4; 115A.54, subdivision 4; 116.03, subdivision 2b; 116.07, subdivision 4j; repealing Minnesota Statutes 2012, sections 14.04; 84.083, subdivisions 3, 4; 84.163; 84.361; 84.43; 84.44; 84.45; 84.46; 84.47; 84.48; 84.49; 84.50; 84.51; 84.52; 84.521; 84.53; 84.55; 84.965; 85.015, subdivision 3; 103B.701; 103B.702; 103F.131; 103F.155; 103F.378; 103F.381; 103F.383, subdivision 3; 103F.387; 103F.389, subdivisions 1, 2; 103F.391; 103G.305; 115.445; 115B.412, subdivision 10; 116.181; 116.182, subdivision 3a; 116.195, subdivision 5; 116.54; 116.90; 116C.712; 116C.833, subdivision 2; 173.0845; Laws 2010, chapter 215, article 3, section 5, subdivision 4; Laws 2013, chapter 114, article 4, section 100.

Reported the same back with the following amendments:

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Page 10, delete section 17

Page 11, line 31, delete "103G.305;"

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2762, A bill for an act relating to cosmetology; making changes to the Board of Cosmetologist Examiners; authorizing exempt rulemaking; amending Minnesota Statutes 2012, sections 155A.23, subdivision 6; 155A.275, subdivision 1; 155A.29, subdivisions 1, 3, by adding a subdivision; 155A.30, subdivision 1, by adding a subdivision; 155A.32; 155A.33, subdivision 4; Minnesota Statutes 2013 Supplement, sections 155A.20; 155A.25, subdivision 4; 155A.27, subdivision 10; 155A.271, subdivision 2; repealing Minnesota Statutes 2012, sections 155A.24, subdivisions 3, 4; 155A.27, subdivision 3.

Reported the same back with the following amendments:

Page 7, delete lines 26 to 28 and insert:

"The Board of Cosmetology Examiners shall amend its rules to comply with this act. The board may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided in Minnesota Statutes, section 14.388."

With the recommendation that when so amended the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.

The report was adopted.

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

H. F. No. 2780, A bill for an act relating to natural resources; establishing a shooting sports facility grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 87A.

Reported the same back with the following amendments:

Page 1, line 6, before "SHOOTING" insert "TRAP"

Page 1, line 8, after "recreational" insert "trap"

Page 1, line 9, after "rehabilitating" insert "trap"

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Page 1, line 11, after the period, insert "The commissioner shall give preference to projects that will provide the most opportunities for youth."

Page 1, line 13, delete "$2,000,000" and insert "$100,000" and delete "game and fish" and insert "general"

Page 1, line 14, after "for" insert "trap"

Amend the title as follows:

Page 1, line 2, after "a" insert "trap"

With the recommendation that when so amended the bill be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2797, A bill for an act relating to human services; increasing the medical assistance personal needs allowance for persons in certain facilities; amending Minnesota Statutes 2012, section 256B.35, subdivision 1.

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

The report was adopted.

Poppe from the Committee on Agriculture Policy to which was referred:

H. F. No. 2798, A bill for an act relating to environment; prohibiting plants treated with pollinator lethal insecticide from being labeled or advertised as beneficial to pollinators; amending Minnesota Statutes 2012, sections 18H.02, by adding a subdivision; 18H.14.

Reported the same back with the following amendments:

Page 2, line 9, after "with" insert "and has a detectable level of"

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

H. F. No. 2829, A bill for an act relating to gambling; making clarifying, conforming, and technical changes relating to lawful gambling; modifying games, prizes, and regulatory provisions; amending Minnesota Statutes 2012, sections 349.12, subdivision 18, by adding a subdivision; 349.16, by adding a subdivision; 349.163, subdivision 3, by adding subdivisions; 349.1635, subdivision 4; 349.17, subdivisions 5, 6, 9; 349.1711, subdivisions

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1, 2; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivision 11; 349.211, subdivisions 1, 1a, 2, by adding a subdivision; 349.2127, subdivision 7, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 349.19, subdivision 2; repealing Minnesota Statutes 2012, sections 349.169; 349.19, subdivision 9.

Reported the same back with the following amendments:

Page 2, delete section 4

Page 5, line 33, delete "The board may not require by rule that" and insert "Except for prize receipts required by section 349.19, subdivision 10," and after "organization" insert "is not required to"

Page 7, line 25, delete "The board may not require by rule that" and insert "Except for prize receipts required by section 349.19, subdivision 10," and after "organization" insert "is not required to"

Page 10, after line 2, insert:

"Sec. 17. Minnesota Statutes 2013 Supplement, section 349.19, subdivision 10, is amended to read:

Subd. 10. Pull-tab records. (a) The board shall by rule require a licensed organization to require each winner of a paper pull-tab prize of $100 or more to present identification in the form of a driver's license, Minnesota identification card, or other identification the board deems sufficient to allow the identification and tracking of the winner. The rule must require the organization to retain winning paper pull-tabs of $100 or more, and the identification of the winner of the pull-tab, for 3-1/2 years.

(b) A licensed organization must require each person cashing out an electronic pull-tab device with $600 or more in credits to present identification in the form of a driver's license, Minnesota identification card, or other identification the board deems sufficient to allow the identification and tracking of the winner. The organization must retain the identification of the winner for 3-1/2 years.

(c) An organization must maintain separate cash banks for each deal of paper pull-tabs unless (1) the licensed organization uses a pull-tab dispensing device, or (2) the organization uses a cash register, of a type approved by the board, which records all sales of paper pull-tabs by separate deals.

~~(c)~~ (d) The board shall:

(1) by rule adopt minimum technical standards for cash registers that may be used by organizations, and shall approve for use by organizations any cash register that meets the standards; and

(2) before allowing an organization to use a cash register that commingles receipts from several different paper pull-tab games in play, adopt rules that define how cash registers may be used and that establish a procedure for organizations to reconcile all pull-tab games in play at the end of each month."

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 2835, A bill for an act relating to public safety; traffic regulations; modifying provisions governing disability parking; amending Minnesota Statutes 2012, section 168.021, subdivisions 1, 3; Minnesota Statutes 2013 Supplement, section 169.346, subdivision 2.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2852, A bill for an act relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying license provisions and fees; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; modifying disability-related angling and hunting licenses and special permit provisions; providing for designations on driver's license and Minnesota identification card; updating and eliminating certain obsolete language; modifying prior appropriations; requiring issuance of general permit; requiring report; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.944, subdivision 2; 84A.10; 84A.50; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.434, subdivision 1; 97A.441, subdivisions 1, 5; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502; 97B.031, subdivision 5; 97B.055, subdivision 3; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.106, subdivision 1; 97B.111, subdivision 1; 97B.516; 97B.605; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; 171.07, subdivision 15, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 97A.441, subdivisions 6, 6a; 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing coding for new law in Minnesota Statutes, chapters 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.

The report was adopted.

Hortman from the Committee on Energy Policy to which was referred:

H. F. No. 2884, A bill for an act relating to energy; requiring a special electric tariff for charging electric vehicles; proposing coding for new law in Minnesota Statutes, chapter 216B.

Reported the same back with the following amendments:

Page 1, line 12, delete "September 30, 2014" and insert "February 1, 2015"

Page 2, line 5, delete the second "and"

Page 2, line 7, delete the period and insert "; and"

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Page 2, after line 7, insert:

"(4) incorporates the cost of metering or submetering within the rate charged to the customer."

Page 2, after line 9, insert:

"(e) The utility may at any time propose revisions to a tariff filed under this subdivision based on changing costs or conditions."

Page 2, delete subdivision 4 and insert:

"Subd. 4. Cooperative electric associations and municipal utilities. By March 1, 2015, each generating and transmission cooperative and municipal power agency shall offer its members assistance in designing and developing a residential customer rate that substantially complies with this section. By September 30, 2015, a rate that substantially complies with this section, with the optional exclusion of subdivision 2, paragraph (a), clause (2), shall be considered for adoption by the governing board of each cooperative electric association and municipal utility."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

H. F. No. 2889, A bill for an act relating to plumbing; exempting certain resorts from restricted plumbing licensure; amending Minnesota Statutes 2012, section 326B.46, subdivision 1a.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.

The report was adopted.

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

H. F. No. 2910, A bill for an act relating to crimes; establishing a task force to comprehensively review the enforcement of animal anticruelty laws and practices and make recommendations for improvements; appropriating money.

Reported the same back with the following amendments:

Page 1, line 8, delete "20" and insert "19"

Page 1, delete lines 23 and 24

Renumber the clauses in sequence

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

The report was adopted.

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Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

H. F. No. 2921, A bill for an act relating to education, and early childhood and youth development; establishing Success for All program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.

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

The report was adopted.

Hortman from the Committee on Energy Policy to which was referred:

H. F. No. 2924, A bill for an act relating to energy; regulating siting large electric power generating plants; allowing solar generation facilities to be eligible for alternative review; amending Minnesota Statutes 2012, sections 216E.01, by adding a subdivision; 216E.04, subdivision 2; 216E.05, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 216E.

Reported the same back with the following amendments:

Page 2, delete section 4

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

H. F. No. 2926, A bill for an act relating to labor; creating the Public Employment Relations Board; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 179A.03, by adding a subdivision; 179A.04, subdivision 3; 179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; proposing coding for new law in Minnesota Statutes, chapter 179A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 179A.03, is amended by adding a subdivision to read:

Subd. 2a. Board. "Board" means the Public Employment Relations Board under section 179A.041.

Sec. 2. Minnesota Statutes 2012, section 179A.04, subdivision 3, is amended to read:

Subd. 3. Other duties. (a) The commissioner shall:

(1) provide mediation services as requested by the parties until the parties reach agreement, and may continue to assist parties after they have submitted their final positions for interest arbitration;

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(2) issue notices, subpoenas, and orders required by law to carry out duties under sections 179A.01 to 179A.25;

(3) assist the parties in formulating petitions, notices, and other papers required to be filed with the commissioner or the board;

(4) conduct elections;

(5) certify the final results of any election or other voting procedure conducted under sections 179A.01 to 179A.25;

(6) adopt rules relating to the administration of this chapter and the conduct of hearings and elections;

(7) receive, catalogue, file, and make available to the public all decisions of arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), and the commissioner's orders and decisions;

(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section 179A.20, subdivision 4, that is available to any employee in a unit not covered by a contractual grievance procedure;

(9) maintain a schedule of state employee classifications or positions assigned to each unit established in section 179A.10, subdivision 2;

(10) collect fees established by rule for empanelment of persons on the labor arbitrator roster maintained by the commissioner or in conjunction with fair share fee challenges. Arbitrator application fees will be $100 per year for initial applications and renewals effective July 1, 2007;

(11) provide technical support and assistance to voluntary joint labor-management committees established for the purpose of improving relationships between exclusive representatives and employers, at the discretion of the commissioner;

(12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision 4; ~~and~~

(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive representatives for the resolution of grievance or interest disputes. Each person on the list must be knowledgeable about collective bargaining and labor relations in the public sector, well versed in state and federal labor law, and experienced in and knowledgeable about labor arbitration. To the extent practicable, the commissioner shall appoint members to the list so that the list is gender and racially diverse; and

(14) upon request of the board, provide administrative support and other assistance to the board, including assistance in development and adoption of board rules.

(b) From the names provided by representative organizations, the commissioner shall maintain a list of arbitrators to conduct teacher discharge or termination hearings according to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following requirements:

(1) be a former or retired judge;

(2) be a qualified arbitrator on the list maintained by the bureau;

(3) be a present, former, or retired administrative law judge; or

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(4) be a neutral individual who is learned in the law and admitted to practice in Minnesota, who is qualified by experience to conduct these hearings, and who is without bias to either party.

Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota School Boards Association a list of up to 14 names of persons to be on the list. The commissioner may adopt rules about maintaining and updating the list.

Sec. 3. [179A.041] PUBLIC EMPLOYMENT RELATIONS BOARD; POWER, AUTHORITY, AND DUTIES.

Subdivision 1. Membership. The Public Employment Relations Board is established with three members. One member shall be an officer or employee of an exclusive representative of public employees and shall be appointed by the governor; one shall be representative of public employers and shall be appointed by the governor; and one shall be representative of the public at large and shall be appointed by the other two members. Public employers and employee organizations representing public employees may submit for consideration names of persons representing their interests. The board shall select one of its members to serve as chair for a term beginning July 1 of each year.

Subd. 2. Alternate members. (a) The appointing authorities shall appoint alternate members to serve only in the case of a member having a conflict of interest under subdivision 8, as follows:

(1) one alternate, appointed by the governor, who is an officer or employee of an exclusive representative of public employees, to serve as an alternate to the member appointed by the governor who is an officer or employee of an exclusive representative of public employees. This alternate must not be an officer or employee of the same exclusive representative of public employees as the member for whom the alternate serves;

(2) one alternate, appointed by the governor, who is a representative of public employers, to serve as an alternate to the member appointed by the governor who is a representative of public employers. This alternate must not represent the same public employer as the member for whom the alternate serves; and

(3) one alternate, appointed by the member who is an officer or employee of an exclusive representative of public employees and the member who is a representative of public employers, who is not an officer or employee of an exclusive representative of public employees, or a representative of a public employer, to serve as an alternate for the member that represents the public at large.

(b) Each alternate member shall serve a term that is coterminous with the term of the member for whom the alternate member serves as an alternate.

Subd. 3. Terms; compensation. The membership terms, compensation, removal of members, and filling of vacancies for members and alternate members shall be as provided in section 15.0575.

Subd. 4. Rules; meetings. The board shall adopt rules governing its procedure and shall hold meetings as prescribed in those rules. The chair shall preside at meetings of the board.

Subd. 5. Appeals. In addition to the other powers and duties given it by law, the board shall hear and decide appeals from:

(1) recommended decisions and orders relating to an unfair labor practice under section 179A.13; and

(2) determinations of the commissioner under section 179A.12, subdivision 11.

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Subd. 6. Rulemaking. The board shall adopt rules under chapter 14 governing the presentation of issues and the taking of appeals under subdivision 5. All issues and appeals presented to the board shall be determined upon the record of hearing, except that the board may request additional evidence when necessary or helpful.

Subd. 7. Employees and contracts. The board may hire investigators, hearing officers, and other employees as necessary to perform its duties, or may enter into contracts to perform any of the board's duties.

Subd. 8. Conflict of interest. A member must disclose any conflict of interest in a case before the board and shall not take any action or vote in the case. The person designated as the recused member's alternate shall serve in place of the member who has a conflict for all actions and votes on the case, unless the alternate has a conflict of interest. If both a member and the member's alternate have a conflict of interest in a case, the appointing authority will appoint a second alternate member, who meets the same requirements as the alternate member and who has no conflict of interest, to take action and vote in the case. A board member or alternate member has a conflict of interest in a case if the member is employed by, an officer of, a member of the governing body of, or a member of a party in the case.

EFFECTIVE DATE. This section is effective July 1, 2014. The board shall be established and prepared to hear and decide rules under Minnesota Statutes, section 179A.041, subdivision 4, by July 1, 2015.

Sec. 4. Minnesota Statutes 2012, section 179A.051, is amended to read:

179A.051 APPEALS OF COMMISSIONER'S DECISIONS.

(a) Decisions of the commissioner relating to supervisory, confidential, essential, and professional employees, appropriateness of a unit, or fair share fee challenges may be reviewed on certiorari by the Court of Appeals. A petition for a writ of certiorari must be filed and served on the other party or parties and the commissioner within 30 days from the date of the mailing of the commissioner's decision. The petition must be served on the other party or parties at the party's or parties' last known address.

(b) Decisions of the commissioner relating to unfair labor practices under section 179A.12, subdivision 11, may be appealed to the board if the appeal is filed with the board and served on all other parties no later than 30 days after service of the commissioner's decision.

Sec. 5. [179A.052] APPEALS OF BOARD'S DECISIONS.

Decisions of the board relating to unfair labor practices under section 179A.12, subdivision 11, or 179A.13, including dismissal of unfair labor practice charges, may be reviewed on certiorari by the Court of Appeals. A petition for a writ of certiorari must be filed and served on the other party or parties and the board within 30 days from the date of the mailing of the board's decision. The petition must be served on the other party or parties at the party's or parties' last known address.

Sec. 6. Minnesota Statutes 2012, section 179A.06, is amended by adding a subdivision to read:

Subd. 7. Concerted activity. Public employees have the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Sec. 7. Minnesota Statutes 2012, section 179A.10, subdivision 1, is amended to read:

Subdivision 1. Exclusions. The commissioner of management and budget shall meet and negotiate with the exclusive representative of each of the units specified in this section, except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in this section are the only appropriate units for executive branch state employees. The following employees shall be excluded from any appropriate unit:

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(1) the positions and classes of positions in the classified and unclassified services defined as managerial by the commissioner of management and budget in accordance with section 43A.18, subdivision 3, and so designated in the official state compensation schedules;

(2) unclassified positions in the Minnesota State Colleges and Universities defined as managerial by the Board of Trustees;

(3) positions of physician employees compensated under section 43A.17, subdivision 4;

(4) positions of all unclassified employees appointed by a constitutional officer;

(5) positions in the Bureau of Mediation Services and the Public Employment Relations Board;

(6) positions of employees whose classification is pilot or chief pilot;

(7) administrative law judge and compensation judge positions in the Office of Administrative Hearings; and

(8) positions of all confidential employees.

The governor may upon the unanimous written request of exclusive representatives of units and the commissioner direct that negotiations be conducted for one or more units in a common proceeding or that supplemental negotiations be conducted for portions of a unit or units defined on the basis of appointing authority or geography.

Sec. 8. Minnesota Statutes 2012, section 179A.13, is amended to read:

179A.13 UNFAIR LABOR PRACTICES.

Subdivision 1. Actions. (a) The practices specified in this section are unfair labor practices. Any employee, employer, employee or employer organization, exclusive representative, or any other person or organization aggrieved by an unfair labor practice as defined in this section may bring an action for injunctive relief and for damages caused by the unfair labor practice in the district court of the county in which the practice is alleged to have occurred. A copy of any complaint alleging an unfair labor practice must be filed with the commissioner at the time it is brought in district court. The party bringing an unfair labor practice action in district court shall also transmit to the commissioner any orders or judgments of the court within ten days of the order or judgment file an unfair labor practice charge with the board.

(b) Whenever it is charged that any party has engaged in or is engaging in any unfair labor practice, an investigator designated by the board shall promptly conduct an investigation of the charge. If after the investigation the board finds that the charge involves a material issue of law or fact, the board shall promptly issue a complaint and cause to be served upon the party a complaint stating the charges, accompanied by a notice of hearing before a qualified hearing officer designated by the board at the offices of the bureau or other location as the board deems appropriate, not less than five days nor more than 20 days after serving the complaint, provided that no complaint shall be issued based upon any unfair labor practice occurring more than six months prior to the filing of a charge. A complaint issued under this subdivision may be amended by the board at any time prior to the issuance of an order based thereon. The party who is the subject of the complaint has the right to file an answer to the original or amended complaint prior to hearing and to appear in person or by a representative and give testimony at the place and time fixed in the complaint. In the discretion of the hearing officer conducting the hearing or the board, any other party may be allowed to intervene in the proceeding and to present testimony. The board or designated hearing officers shall not be bound by the rules of evidence applicable to courts, except as to the rules of privilege recognized by law.

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(d) Hearing officers must be licensed to practice law in the state of Minnesota and must conduct the hearings and issue recommended decisions and orders.

(e) The board or its designees shall have the power to issue subpoenas and administer oaths. If any party willfully fails or neglects to appear or testify or to produce books, papers, and records pursuant to the issuance of a subpoena, the board may apply to a court of competent jurisdiction to request that the party be ordered to appear to testify or produce the requested evidence.

(f) A full and complete record shall be kept of all proceedings before the board or designated hearing officer and shall be transcribed by a reporter appointed by the board.

(g) The party on whom the burden of proof rests shall be required to sustain the burden by a preponderance of the evidence.

(h) At any time prior to the close of a hearing, the parties may by mutual agreement request referral to mediation, at which time the commissioner shall appoint a mediator, and the hearing shall be suspended pending the results of the mediation.

(i) If, upon a preponderance of the evidence taken, the hearing officer determines that any party named in the charge has engaged in or is engaging in an unfair labor practice, then a recommended decision and order shall be issued stating findings of fact and conclusions, and requiring the party to cease and desist from the unfair labor practice, to post a cease-and-desist notice in the workplace, and to take action to effectuate the policies of this section, including reinstatement of public employees with back pay and compensatory damages up to three times the amount of actual damages. If back pay is awarded, the award must include interest at the rate of seven percent per annum. The order further may require the party to make reports from time to time, and demonstrate the extent to which the party has complied with the order.

(j) If there is no preponderance of evidence that the party named in the charge has engaged in or is engaging in the unfair labor practice, then the hearing officer shall issue a recommended decision and order stating findings of fact and dismissing the complaint.

(k) Parties may file exceptions to the hearing officer's recommended decision and order with the board no later than 30 days after service of the recommended decision and order. The board shall review the recommended decision and order upon timely filing of exceptions or upon its own motion. If no timely exceptions have been filed, the parties must be deemed to have waived their exceptions. Unless the board reviews the recommended decision and order upon its own motion, it must not be legal precedent and must be final and binding only on the parties to the proceeding as issued in an order issued by the board. If the board does review the recommended decision and order, the board may adopt all, part, or none of the recommended decision and order, depending on the extent to which it is consistent with the record and applicable laws. The board shall issue and serve on all parties its decision and order. The board shall retain jurisdiction over the case to ensure the parties' compliance with the board's order. Unless overturned by the board, the parties must comply with the recommended decision and order.

(l) Until the record has been filed in the Court of Appeals or district court, the board at any time, upon reasonable notice and in a manner it deems appropriate, may modify or set aside, in whole or in part, any finding or order made or issued by it.

(m) Upon a final order that an unfair labor practice has been committed, the board or the charging party may petition the district court for the enforcement of the order and for appropriate temporary relief or restraining order. When the board petitions the court, the charging party may intervene as a matter of right.

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(n) Whenever it appears that any party has violated a final order of the board issued pursuant to this section, the board must petition the district court for an order directing the party, its officers, agents, servants, successors, and assigns to comply with the order of the board. The board shall be represented in this action by its general counsel, who has been appointed by the board. The court may grant or refuse, in whole or in part, the relief sought, provided that the court also may stay an order of the board pending disposition of the proceedings. The court may punish a violation of its order as in civil contempt.

(o) The board shall have power, upon issuance of an unfair labor practice complaint alleging that a party has engaged in or is engaging in an unfair labor practice, to petition the district court for appropriate temporary relief or restraining order. Upon the filing of any such petition, the court shall cause notice thereof to be served upon such parties, and thereupon shall have jurisdiction to grant to the board or commissioner temporary relief or a restraining order as it deems appropriate. Nothing in this paragraph precludes a charging party from seeking injunctive relief in district court after filing the unfair labor practice charge.

(p) The proceedings in paragraphs (m), (n), and (o) shall be commenced in the district court for the county in which the unfair labor practice which is the subject of the order or administrative complaint was committed, or where a party alleged to have committed the unfair labor practice resides or transacts business.

(q) The board shall not defer to any grievance and arbitration procedure or other legal process in investigating or deciding any unfair labor practice case, charge, or claim.

Subd. 2. Employers. Public employers, their agents and representatives are prohibited from:

(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed in sections 179A.01 to 179A.25;

(2) dominating or interfering with the formation, existence, or administration of any employee organization or contributing other support to it;

(3) discriminating in regard to hire or tenure to encourage or discourage membership in an employee organization;

(4) discharging or otherwise discriminating against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under sections 179A.01 to 179A.25;

(5) refusing to meet and negotiate in good faith with the exclusive representative of its employees in an appropriate unit;

(6) refusing to comply with grievance procedures contained in an agreement;

(7) distributing or circulating a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing blacklisted individuals from obtaining or retaining employment;

(8) violating rules established by the commissioner regulating the conduct of representation elections;

(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;

(10) violating or refusing to comply with any lawful order or decision issued by the commissioner or the board;

(11) refusing to provide, upon the request of the exclusive representative, all information pertaining to the public employer's budget both present and proposed, revenues, and other financing information provided that in the executive branch of state government this clause may not be considered contrary to the budgetary requirements of sections 16A.10 and 16A.11; or

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(12) granting or offering to grant the status of permanent replacement employee to a person for performing bargaining unit work for the employer during a lockout of employees in an employee organization or during a strike authorized by an employee organization that is an exclusive representative.

Subd. 3. Employees. Employee organizations, their agents or representatives, and public employees are prohibited from:

(1) restraining or coercing employees in the exercise of rights provided in sections 179A.01 to 179A.25;

(2) restraining or coercing a public employer in the election of representatives to be employed to meet and negotiate or to adjust grievances;

(3) refusing to meet and negotiate in good faith with a public employer, if the employee organization is the exclusive representative of employees in an appropriate unit;

(4) violating rules established by the commissioner regulating the conduct of representation elections;

(5) refusing to comply with a valid decision of an arbitration panel or arbitrator;

(6) calling, instituting, maintaining, or conducting a strike or boycott against any public employer on account of any jurisdictional controversy;

(7) coercing or restraining any person with the effect to:

(i) force or require any public employer to cease dealing or doing business with any other person;

(ii) force or require a public employer to recognize for representation purposes an employee organization not certified by the commissioner;

(iii) refuse to handle goods or perform services; or

(iv) prevent an employee from providing services to the employer;

(8) committing any act designed to damage or actually damaging physical property or endangering the safety of persons while engaging in a strike;

(9) forcing or requiring any employer to assign particular work to employees in a particular employee organization or in a particular trade, craft, or class rather than to employees in another employee organization or in another trade, craft, or class;

(10) causing or attempting to cause a public employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed;

(11) engaging in an unlawful strike;

(12) picketing which has an unlawful purpose such as secondary boycott;

(13) picketing which unreasonably interferes with the ingress and egress to facilities of the public employer;

(14) seizing or occupying or destroying property of the employer;

(15) violating or refusing to comply with any lawful order or decision issued by the commissioner or the board.

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Sec. 9. APPROPRIATION; INITIAL ASSISTANCE.

(a) $125,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of the Bureau of Mediation Services for purposes of the Public Employment Relations Board under Minnesota Statutes, section 179A.041. This appropriation is added to the base.

(b) The commissioner of the Bureau of Mediation Services must call the first meeting of the board, and must assist the board in its initial operations, including development and adoption of the board's initial rules.

Sec. 10. EFFECTIVE DATE.

Sections 1, 2, and 4 to 8 are effective July 1, 2015. Section 9 is effective July 1, 2014."

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

The report was adopted.

Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

H. F. No. 2948, A bill for an act relating to economic development; repealing obsolete, redundant, and unnecessary laws administered by the Department of Employment and Economic Development; making conforming changes; amending Minnesota Statutes 2012, sections 15.991, subdivision 1; 116C.34, subdivision 3; 116D.04, subdivision 2a; 116L.02; 116L.05, subdivision 5; 116L.20, subdivision 2; 256J.49, subdivision 4; 256J.51, subdivision 2; 268.105, subdivision 7; 268.186; repealing Minnesota Statutes 2012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27; 116C.28; 116C.29; 116C.30; 116C.31; 116C.32; 116C.33; 116J.037; 116J.422; 116J.578; 116J.658; 116J.68, subdivision 5; 116J.74, subdivision 7a; 116J.874, subdivisions 1, 2, 3, 4, 5; 116J.885; 116J.987; 116J.988; 116J.989; 116J.990, subdivisions 1, 2, 3, 4, 5, 6; 116L.06; 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, 6; 116L.13; 116L.14; 116L.146; 116L.15; 116L.361, subdivision 2; 116L.363; 116L.871; 116L.872; 469.109; 469.124; 469.35; 469.351; Minnesota Statutes 2013 Supplement, sections 116J.6581; 116J.70, subdivision 2a.

Reported the same back with the following amendments:

Page 2, line 28, delete "(b)"

Page 2, line 30, reinstate the stricken language

Page 2, line 31, delete the new language and reinstate the stricken language

Page 2, line 32, delete the new language

Page 2, delete line 33

Page 2, line 34, delete the new language and reinstate the stricken language

Page 3, delete line 2

Page 3, line 3, delete the new language

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Page 3, line 9, delete the new language and reinstate the stricken language

Page 3, line 16, delete the new language and reinstate the stricken language

Page 3, delete line 30

Page 4, delete lines 13 to 15 and insert:

"Subd. 12. Healthcare and human services worker program. Minnesota Statutes 2012, sections 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, and 6; 116L.13; 116L.14; and 116L.15, are repealed."

Renumber the subdivisions in sequence

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

H. F. No. 2949, A bill for an act relating to unemployment insurance; making policy and housekeeping changes to the unemployment insurance program; adopting recommendations of the Unemployment Insurance Advisory Council; amending Minnesota Statutes 2012, sections 268.035, subdivisions 2, 4, 11, 12, 20, 22, 29; 268.051, subdivision 4; 268.057, subdivisions 5, 7; 268.0625, subdivision 4; 268.085, subdivisions 3, 4, 6, by adding a subdivision; 268.0865, subdivisions 3, 4; 268.095, subdivision 2; 268.103, subdivision 2a; 268.105, subdivisions 1, 2, 3a, 5, 6; 268.18, subdivision 2b; 268.184, subdivisions 1, 1a; 268.186; 268.196, subdivision 1; 268.215; repealing Minnesota Statutes 2012, section 268.105, subdivision 4; Laws 2005, chapter 112, article 1, section 15; Laws 2008, chapter 363, article 10, section 30; Minnesota Rules, parts 3315.0200, subpart 1; 3315.0203; 3315.0211; 3315.0212; 3315.0213; 3315.0801; 3315.0805; 3315.0810; 3315.0815; 3315.0820; 3315.0825; 3315.0830; 3315.0835; 3315.0840; 3315.0845; 3315.0901; 3315.0905.

Reported the same back with the following amendments:

Page 24, lines 3 to 5, reinstate the stricken language and delete the new language

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Nelson from the Committee on Government Operations to which was referred:

H. F. No. 2970, A bill for an act relating to local government; repealing the authorization for the creation of the Grand Rapids Central School Commission; repealing Laws 1986, chapter 347, sections 1; 2.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

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Liebling from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2977, A bill for an act relating to health; making changes to home care provider licensing and compliance monitoring; amending Minnesota Statutes 2013 Supplement, sections 144A.474, subdivision 12; 144A.475, subdivision 3, by adding subdivisions.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8, is amended to read:

Subd. 8. Correction orders. (a) A correction order may be issued whenever the commissioner finds upon survey or during a complaint investigation that a home care provider, a managerial official, or an employee of the provider is not in compliance with sections 144A.43 to 144A.482. The correction order shall cite the specific statute and document areas of noncompliance and the time allowed for correction.

(b) The commissioner shall mail copies of any correction order ~~within 30 calendar days after an exit survey~~ to the last known address of the home care provider, or electronically scan the correction order and e-mail it to the last known home care provider e-mail address, within 30 calendar days after the survey exit date. A copy of each correction order and copies of any documentation supplied to the commissioner shall be kept on file by the home care provider, and public documents shall be made available for viewing by any person upon request. Copies may be kept electronically.

(c) By the correction order date, the home care provider must document in the provider's records any action taken to comply with the correction order. The commissioner may request a copy of this documentation and the home care provider's action to respond to the correction order in future surveys, upon a complaint investigation, and as otherwise needed.

EFFECTIVE DATE. This section is effective August 1, 2014, and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal."

Page 1, line 18, delete "issuance" and insert "receipt"

Page 4, line 13, delete "90-day"

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

The report was adopted.

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Erhardt from the Committee on Transportation Policy to which was referred:

H. F. No. 2981, A bill for an act relating to transportation; amending requirements governing Minnesota Department of Transportation expenditures on transportation alternatives; amending Minnesota Statutes 2013 Supplement, section 174.42, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 12, delete "2010 to 2012" and insert "2009 to 2012"

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

The report was adopted.

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

H. F. No. 3015, A bill for an act relating to labor; creating the Public Employment Relations Board; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 179A.03, by adding a subdivision; 179A.04, subdivision 3; 179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; proposing coding for new law in Minnesota Statutes, chapter 179A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 179A.03, is amended by adding a subdivision to read:

Subd. 2a. Board. "Board" means the Public Employment Relations Board under section 179A.041.

Sec. 2. Minnesota Statutes 2012, section 179A.04, subdivision 3, is amended to read:

Subd. 3. Other duties. (a) The commissioner shall:

(2) issue notices, subpoenas, and orders required by law to carry out duties under sections 179A.01 to 179A.25;

(3) assist the parties in formulating petitions, notices, and other papers required to be filed with the commissioner or the board;

(4) conduct elections;

(5) certify the final results of any election or other voting procedure conducted under sections 179A.01 to 179A.25;

(6) adopt rules relating to the administration of this chapter and the conduct of hearings and elections;

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(9) maintain a schedule of state employee classifications or positions assigned to each unit established in section 179A.10, subdivision 2;

(12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision 4; ~~and~~

(14) upon request of the board, provide administrative support and other assistance to the board, including assistance in development and adoption of board rules.

(1) be a former or retired judge;

(2) be a qualified arbitrator on the list maintained by the bureau;

(3) be a present, former, or retired administrative law judge; or

(4) be a neutral individual who is learned in the law and admitted to practice in Minnesota, who is qualified by experience to conduct these hearings, and who is without bias to either party.

Sec. 3. [179A.041] PUBLIC EMPLOYMENT RELATIONS BOARD; POWER, AUTHORITY, AND DUTIES.

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shall be representative of the public at large and shall be appointed by the other two members. Public employers and employee organizations representing public employees may submit for consideration names of persons representing their interests. The board shall select one of its members to serve as chair for a term beginning July 1 of each year.

Subd. 2. Alternate members. (a) The appointing authorities shall appoint alternate members to serve only in the case of a member having a conflict of interest under subdivision 8, as follows:

(b) Each alternate member shall serve a term that is coterminous with the term of the member for whom the alternate member serves as an alternate.

Subd. 3. Terms; compensation. The membership terms, compensation, removal of members, and filling of vacancies for members and alternate members shall be as provided in section 15.0575.

Subd. 4. Rules; meetings. The board shall adopt rules governing its procedure and shall hold meetings as prescribed in those rules. The chair shall preside at meetings of the board.

Subd. 5. Appeals. In addition to the other powers and duties given it by law, the board shall hear and decide appeals from:

(1) recommended decisions and orders relating to an unfair labor practice under section 179A.13; and

(2) determinations of the commissioner under section 179A.12, subdivision 11.

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conflict of interest, to take action and vote in the case. A board member or alternate member has a conflict of interest in a case if the member is employed by, an officer of, a member of the governing body of, or a member of a party in the case.

Sec. 4. Minnesota Statutes 2012, section 179A.051, is amended to read:

179A.051 APPEALS OF COMMISSIONER'S DECISIONS.

Sec. 5. [179A.052] APPEALS OF BOARD'S DECISIONS.

Sec. 6. Minnesota Statutes 2012, section 179A.06, is amended by adding a subdivision to read:

Subd. 7. Concerted activity. Public employees have the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Sec. 7. Minnesota Statutes 2012, section 179A.10, subdivision 1, is amended to read:

(2) unclassified positions in the Minnesota State Colleges and Universities defined as managerial by the Board of Trustees;

(3) positions of physician employees compensated under section 43A.17, subdivision 4;

(4) positions of all unclassified employees appointed by a constitutional officer;

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(5) positions in the Bureau of Mediation Services and the Public Employment Relations Board;

(6) positions of employees whose classification is pilot or chief pilot;

(7) administrative law judge and compensation judge positions in the Office of Administrative Hearings; and

(8) positions of all confidential employees.

Sec. 8. Minnesota Statutes 2012, section 179A.13, is amended to read:

179A.13 UNFAIR LABOR PRACTICES.

(d) Hearing officers must be licensed to practice law in the state of Minnesota and must conduct the hearings and issue recommended decisions and orders.

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(f) A full and complete record shall be kept of all proceedings before the board or designated hearing officer and shall be transcribed by a reporter appointed by the board.

(g) The party on whom the burden of proof rests shall be required to sustain the burden by a preponderance of the evidence.

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parties, and thereupon shall have jurisdiction to grant to the board or commissioner temporary relief or a restraining order as it deems appropriate. Nothing in this paragraph precludes a charging party from seeking injunctive relief in district court after filing the unfair labor practice charge.