Journal of the House - 28th Day - Monday, March 16, 2015

A quorum was present.

Backer; Johnson, B.; Mahoney; Mariani and Poppe were excused.

Winkler was excused until 3:45 p.m.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 864

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 5, A bill for an act relating to MNsure; requiring the commissioner of commerce to seek federal approval to allow the purchase of qualified health plans and the receipt of premium tax credits and cost-sharing reductions outside of MNsure; making changes to the organization of MNsure; requiring background checks on navigators operating in MNsure; removing certain exemptions; amending Minnesota Statutes 2014, sections 62V.03, subdivision 2; 62V.04, subdivisions 1, 2, 4; 62V.05, subdivisions 1, 4, 5; 62V.11, subdivision 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62V.

Reported the same back with the following amendments:

Page 1, after line 22, insert:

"Sec. 2. Minnesota Statutes 2014, section 15A.0815, subdivision 3, is amended to read:

Subd. 3. Group II salary limits. The salary for a position listed in this subdivision shall not exceed 120 percent of the salary of the governor. This limit must be adjusted annually on January 1. The new limit must equal the limit for the prior year increased by the percentage increase, if any, in the Consumer Price Index for all urban consumers from October of the second prior year to October of the immediately prior year. The commissioner of management and budget must publish the limit on the department's Web site. This subdivision applies to the following positions:

Executive director of Gambling Control Board;

Commissioner, Iron Range Resources and Rehabilitation Board;

Commissioner, Bureau of Mediation Services;

Ombudsman for Mental Health and Developmental Disabilities;

Chair, Metropolitan Council;

Executive Director, MNsure;

School trust lands director;

Executive director of pari-mutuel racing; and

Commissioner, Public Utilities Commission.

Sec. 3. Minnesota Statutes 2014, section 62A.02, subdivision 2, is amended to read:

Subd. 2. Approval. (a) The health plan form shall not be issued, nor shall any application, rider, endorsement, or rate be used in connection with it, until the expiration of 60 days after it has been filed unless the commissioner approves it before that time.

(b) Notwithstanding paragraph (a), a rate filed with respect to a policy of accident and sickness insurance as defined in section 62A.01 by an insurer licensed under chapter 60A, may be used on or after the date of filing with the commissioner. Rates that are not approved or disapproved within the 60-day time period are deemed approved. This paragraph does not apply to Medicare-related coverage as defined in section 62A.3099, subdivision 17.

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 865

(c) Health plans in the individual and small group markets that are not grandfathered plans to be offered outside of MNsure for coverage to begin on or after January 1, 2016, and each January 1 thereafter, must receive rate approval from the commissioner no later than 30 days prior to the beginning of the annual open enrollment period for MNsure. Premium rates for the next calendar year must be made available to the public by the commissioner no later than 30 days prior to the beginning of the annual open enrollment period for MNsure. Once rates are made public by the commissioner, the rates must not change until the next open enrollment period.

Sec. 4. Minnesota Statutes 2014, section 62A.02, subdivision 8, is amended to read:

Subd. 8. Filing by health carriers for purposes of complying with the certification requirements of MNsure. (a) No qualified health plan shall be offered through MNsure until its form and the premium rates pertaining to the form have been approved by the commissioner of commerce or health, as appropriate, and the health plan has been determined to comply with the certification requirements of MNsure in accordance with an agreement between the commissioners of commerce and health and MNsure.

(b) Qualified health plans to be offered through MNsure for coverage to begin January 1, 2016, and each January 1 thereafter, must satisfy all requirements of paragraph (a) no later than 30 days prior to the beginning of the annual open enrollment period. Premium rates and plan enrollment for the next calendar year must be available to the public through MNsure no later than 30 days prior to the beginning of the annual open enrollment period. Once rates are made public through MNsure, the rates must not change until the next open enrollment period."

Page 7, delete section 9 and insert:

"Sec. 12. Minnesota Statutes 2014, section 62V.05, subdivision 5, is amended to read:

Subd. 5. Health carrier and health plan requirements; MNsure participation. (a) Beginning January 1, 2015, the board may establish certification requirements for health carriers and health plans to be offered through MNsure that satisfy federal requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

~~(b) Paragraph (a) does not apply if by June 1, 2013, the legislature enacts regulatory requirements that:~~

~~(1) apply uniformly to all health carriers and health plans in the individual market;~~

~~(2) apply uniformly to all health carriers and health plans in the small group market; and~~

~~(3) satisfy minimum federal certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.~~

(c) In accordance with section 1311(e) of the Affordable Care Act, Public Law 111-148, the board shall establish policies and procedures for certification and selection of health plans to be offered as qualified health plans through MNsure. The board shall certify and select a health plan as a qualified health plan to be offered through MNsure, if:

~~(1) the health plan meets the minimum certification requirements established in paragraph (a) or the market regulatory requirements in paragraph (b);~~

~~(2) the board determines that making the health plan available through MNsure is in the interest of qualified individuals and qualified employers;~~

(3) the health carrier applying to offer the health plan through MNsure also applies to offer health plans at each actuarial value level and service area that the health carrier currently offers in the individual and small group markets; and

~~Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 866~~

(4) the health carrier does not apply to offer health plans in the individual and small group markets through MNsure under a separate license of a parent organization or holding company under section 60D.15, that is different from what the health carrier offers in the individual and small group markets outside MNsure.

(d) In determining the interests of qualified individuals and employers under paragraph (c), clause (2), the board may not exclude a health plan for any reason specified under section 1311(e)(1)(B) of the Affordable Care Act, Public Law 111-148. The board may consider:

~~(1) affordability;~~

~~(2) quality and value of health plans;~~

~~(3) promotion of prevention and wellness;~~

~~(4) promotion of initiatives to reduce health disparities;~~

~~(5) market stability and adverse selection;~~

~~(6) meaningful choices and access;~~

~~(7) alignment and coordination with state agency and private sector purchasing strategies and payment reform efforts; and~~

~~(8) other criteria that the board determines appropriate.~~

(e) For qualified health plans offered through MNsure on or after January 1, 2015, the board shall establish policies and procedures under paragraphs (c) and (d) for selection of health plans to be offered as qualified health plans through MNsure by February 1 of each year, beginning February 1, 2014. The board shall consistently and uniformly apply all policies and procedures and any requirements, standards, or criteria to all health carriers and health plans. For any policies, procedures, requirements, standards, or criteria that are defined as rules under section 14.02, subdivision 4, the board may use the process described in subdivision 9.

(f) For 2014, the board shall not have the power to select health carriers and health plans for participation in MNsure. The board shall permit all health plans that meet the certification requirements under section 1311(c)(1) of the Affordable Care Act, Public Law 111-148, to be offered through MNsure.

(a) The board shall permit all health plans that meet the applicable certification requirements to be offered through MNsure.

~~(g)~~ (b) Under this subdivision, the board shall have the power to verify that health carriers and health plans are properly certified to be eligible for participation in MNsure.

~~(h)~~ (c) The board has the authority to decertify health carriers and health plans that fail to maintain compliance with section 1311(c)(1) of the Affordable Care Act, Public Law 111-148.

~~(i)~~ (d) For qualified health plans offered through MNsure beginning January 1, 2015, health carriers must use the most current addendum for Indian health care providers approved by the Centers for Medicare and Medicaid Services and the tribes as part of their contracts with Indian health care providers. MNsure shall comply with all future changes in federal law with regard to health coverage for the tribes.

EFFECTIVE DATE. This section is effective July 1, 2015.

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Sec. 13. Minnesota Statutes 2014, section 62V.05, subdivision 6, is amended to read:

Subd. 6. Appeals. (a) The board may conduct hearings, appoint hearing officers, and recommend final orders related to appeals of any MNsure determinations, except for those determinations identified in paragraph (d). An appeal by a health carrier regarding a specific certification ~~or selection~~ determination made by MNsure under subdivision 5 must be conducted as a contested case proceeding under chapter 14, with the report or order of the administrative law judge constituting the final decision in the case, subject to judicial review under sections 14.63 to 14.69. For other appeals, the board shall establish hearing processes which provide for a reasonable opportunity to be heard and timely resolution of the appeal and which are consistent with the requirements of federal law and guidance. An appealing party may be represented by legal counsel at these hearings, but this is not a requirement.

(b) MNsure may establish service-level agreements with state agencies to conduct hearings for appeals. Notwithstanding section 471.59, subdivision 1, a state agency is authorized to enter into service-level agreements for this purpose with MNsure.

(d) This subdivision does not apply to appeals of determinations where a state agency hearing is available under section 256.045.

Sec. 14. Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision to read:

Subd. 11. Health carrier notification. MNsure shall provide a health carrier with enrollment information for MNsure enrollees who have selected a qualified health plan that is offered by that health carrier and who have been determined by MNsure to be eligible for qualified health plan coverage. The enrollment information must be sufficient for the health carrier to issue coverage and must be provided within 48 hours of the determination of eligibility by MNsure.

Sec. 15. Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision to read:

Subd. 12. Purchase of individual health coverage. For coverage taking effect on or after January 1, 2016, the MNsure board shall provide members of a household with the option of purchasing individual health coverage through MNsure and shall apportion any advanced premium tax credit available to a household choosing this option between the separate health plans providing coverage to the household members.

Sec. 16. Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision to read:

Subd. 13. Prohibition on other product lines. MNsure is prohibited from certifying, selecting, or offering products and policies of coverage that do not meet the definition of health plan or dental plan as provided in section 62V.02."

Page 9, line 13, delete "commission" and insert "committee"

Page 9, line 14, delete "commission" and insert "legislative oversight committee"

Page 9, line 21, delete "commission's" and insert "committee's"

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Page 10, after line 8, insert:

"Sec. 20. EXPANDED ACCESS TO THE SMALL BUSINESS HEALTH CARE TAX CREDIT.

(a) The commissioner of commerce, in consultation with the Board of Directors of MNsure and the MNsure Legislative Oversight Committee, shall develop a proposal to allow small employers the ability to receive the small business health care tax credit when the small employer pays the premiums on behalf of employees enrolled in either a qualified health plan offered through a small business health options program (SHOP) marketplace or a small group health plan offered outside of the SHOP marketplace within MNsure. To be eligible for the tax credit, the small employer must meet the requirements under the Affordable Care Act, except that employees may be enrolled in a small group health plan product offered outside of MNsure.

(b) The commissioner shall seek all federal waivers and approvals necessary to implement the proposal in paragraph (a). The commissioner shall submit a draft proposal to the MNsure board and the MNsure Legislative Oversight Committee at least 30 days before submitting a final proposal to the federal government, and shall notify the board and Legislative Oversight Committee of any federal decision or action received regarding the proposal and submitted waiver.

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

Page 10, line 10, delete "12" and insert "19"

Renumber the sections in sequence and correct the internal references

Amend the title as follows:

Page 1, line 4, after the semicolon, insert "imposing a salary limit; specifying approval rates for certain health plans; requiring health carrier notification of enrollment information; providing an option of individual coverage through MNsure; prohibiting certain product lines; requiring a proposal to expand access to the small business health care tax credit;"

Correct the title numbers accordingly

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

The report was adopted.

Scott from the Committee on Civil Law and Data Practices to which was referred:

H. F. No. 216, A bill for an act relating to civil liability; providing immunity from liability for certain agritourism activities; proposing coding for new law in Minnesota Statutes, chapter 604A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [604A.40] AGRITOURISM; IMMUNITY FROM LIABILITY.

Subdivision 1. Definitions. (a) For the purposes of this section, the terms in paragraphs (b) to (g) have the meanings given them.

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 869

(b) "Agricultural products" means livestock, aquaculture, poultry, horticultural, floricultural, viticultural, silvicultural, or other products of a farm or ranch.

(c) "Agritourism activity" means activity carried out on a farm or ranch that allows organizations or members of the general public, for recreational, entertainment, charitable, or educational purposes, to view, enjoy, or participate in rural activities, including, but not limited to: farming; viticulture; winemaking; ranching; and historical, cultural, farm stay, gleaning, harvest-your-own, or natural activities and attractions. An activity is an agritourism activity whether or not the participant pays to participate in the activity.

(d) "Agritourism professional" means a person who is engaged in providing one or more agritourism activities, whether or not for compensation.

(e) "Farm or ranch" means one or more areas of land used for the production, cultivation, growing, harvesting, or processing of agricultural products.

(f) "Inherent risks of agritourism activity" mean dangers or conditions that are an integral part of an agritourism activity including but not limited to:

(1) natural hazards and conditions of land, vegetation, and waters including surface and subsurface conditions;

(2) the behavior of wild or domestic animals; and

(3) ordinary dangers of structures or equipment ordinarily used in farming or ranching operations.

(g) "Participant" means a person, other than an agritourism professional, who engages in an agritourism activity and who has the capacity to understand the inherent risks of agricultural tourism.

Subd. 2. Liability limited. (a) Except as provided in paragraphs (b) and (c), an agritourism professional is not liable for injury, damage, or death of a participant resulting from the inherent risks of agritourism activities.

(b) Nothing in paragraph (a) prevents or limits the liability of an agritourism professional if the agritourism professional:

(1) commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death of the participant;

(2) has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or the dangerous propensity of a particular animal used in such activity;

(3) intentionally injures the participant; or

(4) fails to comply with the notice requirement of subdivision 3.

(c) Nothing in paragraph (a) affects a claim under chapter 340A, or a claim arising out of the sale or use of alcohol at an agritourism facility.

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Subd. 3. Posting notice. An agritourism professional shall post plainly visible signs at one or more prominent locations in the premises where the agritourism activity takes place that include a warning of the inherent risks of agritourism activity.

EFFECTIVE DATE. This section is effective August 1, 2015, and applies to actions arising from incidents occurring on or after that date."

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

The report was adopted.

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

H. F. No. 236, A bill for an act relating to health; permitting the use of investigational drugs, biological products, or devices by certain eligible patients; proposing coding for new law in Minnesota Statutes, chapter 151.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [151.375] INVESTIGATIONAL DRUG USE.

Subdivision 1. Title; citation. This section may be cited as the "Right to Try Act."

Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the meanings given them.

(b) "Eligible patient" means a patient who meets the requirements in subdivision 3.

(c) "Investigational drug, biological product, or device" means a drug, biological product, or device that has successfully completed phase 1 of a clinical trial, but has not been approved for general use by the federal Food and Drug Administration (FDA), and is currently under investigation in a FDA clinical trial.

(d) "Terminal illness" means a condition or illness which, to a reasonable degree of medical probability, is not considered reversible and even with the administration of current FDA-approved and available treatments and the administration of life-sustaining procedures will soon result in death.

Subd. 3. Eligibility. In order for a patient to access an investigational drug, biological product, or device under this section, a physician must document in writing that the patient:

(1) has a terminal illness;

(2) has, in consultation with a physician, considered all other treatment options currently approved by the FDA;

(3) has been given a prescription or recommendation by a physician for an investigational drug, biological product, or device; and

(4) has given informed consent, in writing, for the use of the investigational drug, biological product, or device, or if the patient is under the age of 18, or lacks the mental capacity to provide informed consent, a parent or legal guardian has given informed consent, in writing, on behalf of the patient.

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Subd. 4. Availability. (a) A manufacturer of an investigational drug, biological product, or device has the option of making its investigational drug, biological product, or device available to eligible patients under this section.

(b) Nothing in this section shall be construed to require a manufacturer to make an investigational drug, biological product, or device available.

Subd. 5. Costs. (a) A manufacturer may provide an investigational drug, biological product, or device without receiving compensation.

(b) A manufacturer may require an eligible patient to pay the costs associated with manufacturing the investigational drug, biological product, or device.

Subd. 6. Professional licensing. No health care provider shall be subject to a civil penalty or disciplinary action by any business, occupational, or professional licensing board, solely for providing a prescription or recommendation, or providing treatment to an eligible patient in accordance with this section. Nothing in this section affects a professional licensing board from taking action in response to violations of any other section of law.

Subd. 7. Coverage. Nothing in this section shall be construed to require that the costs associated with an investigational drug, biological product, or device be covered under private health coverage, a state public health care program, the state employee group insurance program, or a program administered by a state or local government agency that provides health care services to inmates residing in a state or county correctional facility.

Subd. 8. Liability. Nothing in this section shall create a separate private cause of action against any health care provider or entity involved in the care of an eligible patient using an investigational drug, biological product, or device, for any harm done to the patient resulting from the investigational drug, biological product, or device, so long as the health care provider or entity is complying with the requirements of this section.

Subd. 9. Exception. This section does not apply to a person committed to the custody of the commissioner of corrections, unless the department's medical director approves the investigational drug, biological product, or device.

Subd. 10. Severability. If any provision of this section or its application to any person or circumstances is held to be invalid, the invalidity of the provision shall not affect any other provision of this section. The provisions of this section are severable.

Sec. 2. Minnesota Statutes 2014, section 256B.0625, is amended by adding a subdivision to read:

Subd. 64. Investigational drugs, biological products, and devices. Medical assistance and the early periodic screening, diagnosis, and treatment (EPSDT) program do not cover costs incidental to, associated with, or resulting from the use of investigational drugs, biological products, or devices, as defined in section 151.375."

Correct the title numbers accordingly

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

The report was adopted.

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 872

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

H. F. No. 321, A bill for an act relating to health occupations; providing for an interstate medical licensure compact project; proposing coding for new law in Minnesota Statutes, chapter 147.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.

The report was adopted.

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

H. F. No. 372, A bill for an act relating to public safety; amending the requirement to provide notice of possession of firearms at the Capitol complex; amending Minnesota Statutes 2014, section 609.66, subdivision 1g.

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

The report was adopted.

Anderson, S., from the Committee on State Government Finance to which was referred:

H. F. No. 450, A bill for an act relating to the military; establishing Military Spouses and Families Day; proposing coding for new law in Minnesota Statutes, chapter 10.

Reported the same back with the following amendments:

Page 1, line 6, delete everything before "is" and insert "The Sunday immediately preceding Memorial Day"

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

The report was adopted.

Anderson, S., from the Committee on State Government Finance to which was referred:

H. F. No. 501, A bill for an act relating to elections; modifying provisions related to military and overseas voting; amending Minnesota Statutes 2014, sections 203B.01, subdivision 3; 203B.16, subdivisions 1, 2; 203B.17, subdivisions 1, 2; 204D.11, subdivision 4.

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

The report was adopted.

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Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

H. F. No. 519, A bill for an act relating to taxation; economic development; individual income; modifying the small business investment tax credit; amending Minnesota Statutes 2014, section 116J.8737, subdivision 5.

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

The report was adopted.

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

H. F. No. 575, A bill for an act relating to human services; modifying medical assistance payments to federally qualified health centers and rural health clinics; amending Minnesota Statutes 2014, section 256B.0625, subdivision 57.

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.

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

H. F. No. 604, A bill for an act relating to human services; increasing medical assistance rates for chemical dependency providers; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 256B.

Reported the same back with the following amendments:

Page 1, line 14, after "with" insert "members of the Minnesota State Substance Abuse Strategy and" and before "health" insert "counties, tribes,"

Page 1, line 15, after "companies" insert a comma

Page 1, line 19, delete "October 15, 2015" and insert "January 15, 2016"

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.

Gunther from the Committee on Greater Minnesota Economic and Workforce Development Policy to which was referred:

H. F. No. 627, A bill for an act relating to long-term care; modifying nursing facility employee scholarship costs; modifying the list of health professionals eligible for the health professional education loan forgiveness program; appropriating money; amending Minnesota Statutes 2014, sections 144.1501, subdivisions 1, 2, 3; 256B.431, subdivision 36.

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

The report was adopted.

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Loon from the Committee on Education Finance to which was referred:

H. F. No. 718, A bill for an act relating to education finance; clarifying the definition of general education revenue; amending Minnesota Statutes 2014, section 126C.10, subdivision 1.

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

The report was adopted.

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

H. F. No. 722, A bill for an act relating to public safety; clarifying and delimiting the authority of public officials to disarm individuals at any time; proposing coding for new law in Minnesota Statutes, chapter 624.

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

The report was adopted.

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

H. F. No. 751, A bill for an act relating to workforce development; providing a job training tax credit; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 116L; 290.

Reported the same back with the following amendments:

Page 1, line 21, after "location" insert "in Minnesota"

Page 1, line 23, after "provides" insert "at least"

Page 3, line 5, before the comma, insert "in which the job is located"

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

The report was adopted.

Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:

H. F. No. 805, A bill for an act relating to public safety; establishing a working group to study and make recommendations on establishing a Silver Alert system; requiring a report.

Reported the same back with the following amendments:

Page 1, line 5, delete the semicolon

Page 1, line 6, after "required" insert "; duties"

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Page 1, line 7, after the first "a" insert "Silver Alert system"

Page 1, line 16, delete everything after "shall" and insert "consist of 11 members as follows:"

Page 1, delete lines 17 to 22 and insert:

"(1) the commissioner of public safety or a designee;

(2) the superintendent of the Bureau of Criminal Apprehension or a designee;

(3) the Amber Alert coordinator or a designee;

(4) one person employed by the Department of Transportation, appointed by the commissioner of transportation;

(5) one person from the Cultural and Ethnic Communities Leadership Council, appointed by the commissioner of human services; and

(6) one representative appointed by the commissioner of public safety from each of the following groups:

(i) Tubman;

(ii) the Minnesota Chiefs of Police Association;

(iii) the Minnesota Sheriff's Association;

(iv) the Minnesota Broadcasters Association;

(v) the Alzheimer's Association; and

(vi) the Minnesota Brain Injury Alliance.

In selecting these representatives, the commissioner of public safety shall solicit nominees from each of these groups and shall ensure that the working group has expertise and a broad range of interests represented, including multicultural perspectives."

Page 1, line 23, after "commissioner" insert "of public safety"

Page 1, line 24, delete "September" and insert "August"

Page 2, after line 9, insert:

"Subd. 5. Sunset. The working group expires the day after submitting the report required under subdivision 4 or February 15, 2016, whichever is earlier."

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

The report was adopted.

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

H. F. No. 830, A bill for an act relating to public safety; permitting sale and purchase of firearms in any state where lawful under federal Gun Control Act; amending Minnesota Statutes 2014, section 624.71.

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

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 864, A bill for an act relating to insurance fraud; regulating response or incident data; providing an administrative penalty for insurance fraud; creating a process for deauthorization of the right of health care providers to receive certain payments under chapter 65B; amending Minnesota Statutes 2014, sections 13.82, subdivision 6; 45.0135, by adding a subdivision; 169.09, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 45.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2014, section 45.0135, is amended by adding a subdivision to read:

Subd. 9. Administrative penalty for insurance fraud. (a) The commissioner may, upon recommendation of the Commerce Fraud Bureau:

(1) impose an administrative penalty against any person in an amount as set forth in paragraph (b) for each intentional act of insurance fraud committed by that person; and

(2) order restitution to any person suffering loss as a result of the insurance fraud.

(b) The administrative penalty for each violation described in paragraph (a) may be no more than:

(1) $20,000 if the funds or the value of the property or services wrongfully obtained exceeds $5,000;

(2) $10,000 if the funds or value of the property or services wrongfully obtained exceeds $1,000 but not more than $5,000;

(3) $3,000 if the funds or value of the property or services wrongfully obtained is more than $500, but not more than $1,000; and

(4) $1,000 if the value of the property or services wrongfully obtained is less than $500.

(c) If an administrative penalty is not paid after all rights of appeal have been waived or exhausted, the commissioner may bring a civil action in a court of competent jurisdiction to collect the administrative penalty, including expenses and litigation costs, reasonable attorney fees, and interest.

(d) This section does not affect a person's right to seek recovery against any person that commits insurance fraud.

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(e) For purposes of this subdivision, "insurance fraud" has the meaning given in section 60A.951, subdivision 4.

(f) Hearings under this subdivision must be conducted in accordance with chapter 14 and any other applicable law.

Sec. 2. Minnesota Statutes 2014, section 65B.44, is amended by adding a subdivision to read:

Subd. 2a. Person convicted of insurance fraud. (a) A person convicted of insurance fraud under section 609.611 in a case related to this chapter or of employment of runners under section 609.612 may not enforce a contract for payment of services eligible for reimbursement under subdivision 2 against an insured or reparation obligor.

(b) After a period of five years from the date of conviction, a person described in paragraph (a) may apply to district court to extinguish the collateral sanction set forth in paragraph (a), which the court may grant in its reasonable discretion.

Sec. 3. [609.613] ACCIDENT VICTIM SOLICITATION.

Subdivision 1. Prohibition. A person shall not intentionally contact any individual that the person knows has been involved in a motor vehicle accident, when that knowledge was obtained by the person through data collected or created under section 13.82, subdivision 6, or any immediate family member of that individual, for the purpose of directly soliciting or offering to provide a commercial service until at least 30 days after the date of the motor vehicle accident. This subdivision does not apply if either of the following circumstances exists:

(1) the individual or the individual's immediate family member has requested the contact from that person; and

(2) the person is an employee or agent of an insurance company and the person is contacting the individual or the individual's immediate family member on behalf of that insurance company to adjust a claim. This subdivision does not apply to a referral of the individual or the individual's immediate family member to an attorney or to any other person for representation by an attorney.

Subd. 2. Definitions. As used in this section:

(1) "directly soliciting or offering to provide a commercial service" means a written solicitation or offer, including by electronic means, made to the individual or a family member seeking to provide a service for a fee or other remuneration that is based upon the knowledge or belief that the individual has sustained a personal injury as a direct result of a motor vehicle accident and that is directed toward that individual or a family member;

(2) "immediate family member" means the individual's spouse, parent, child, or sibling; and

(3) "personal injury" means any physical or mental injury, including wrongful death.

Subd. 3. Sentence. A person who violates this section is guilty of a gross misdemeanor.

Sec. 4. EFFECTIVE DATE.

Sections 1 to 3 are effective the day following final enactment and apply with respect to acts committed on or after that date."

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Delete the title and insert:

"A bill for an act relating to insurance fraud; establishing an administrative penalty for insurance fraud; providing that certain persons convicted of insurance fraud may not enforce contracts for no-fault benefits; establishing a crime for accident victim solicitation; amending Minnesota Statutes 2014, sections 45.0135, by adding a subdivision; 65B.44, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 609."

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

The report was adopted.

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

H. F. No. 872, A bill for an act relating to economic development; establishing a technology corporate franchise tax certificate transfer program; amending Minnesota Statutes 2014, sections 290.01, subdivision 29; 290.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.

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

The report was adopted.

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

H. F. No. 922, A bill for an act relating to local government; requiring local referenda related to spending to be conducted on the first Tuesday after the first Monday in November; amending Minnesota Statutes 2014, sections 123B.63, subdivision 3; 126C.17, subdivision 9; 205.10, subdivision 1; 205A.05, subdivision 1; 216B.46; 237.19; 275.60; 275.73; 412.221, subdivision 2; 412.301; 426.19, subdivision 2; 447.045; 452.11; 455.24; 455.29; 459.06, subdivision 1; 469.053, subdivision 5; 469.0724; 469.107, subdivision 2; 469.190, subdivisions 1, 5; 471.57, subdivision 3; 471.571, subdivision 3; 471.572, subdivisions 2, 4; 475.59; repealing Minnesota Statutes 2014, sections 126C.17, subdivision 11; 205.10, subdivision 3.

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

The report was adopted.

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

H. F. No. 981, A bill for an act relating to health occupations; changing provisions for licensing of optometrists, doctors, and chiropractors; amending Minnesota Statutes 2014, sections 148.52; 148.54; 148.57; 148.574; 148.575; 148.577; 148.59; 148.603; 364.09; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2014, sections 148.571; 148.572; 148.573, subdivision 1; 148.576, subdivisions 1, 2; 151.37, subdivision 11.

Reported the same back with the following amendments:

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 879

Page 16, line 1, after "sections" insert "148.57, subdivisions 3 and 4;" and after "subdivision 1;" insert "148.575, subdivisions 1, 3, 5, and 6;"

Amend the title as follows:

Page 1, line 2, delete the comma

Page 1, line 3, delete "doctors, and chiropractors"

Correct the title numbers accordingly

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

The report was adopted.

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

H. F. No. 1011, A bill for an act relating to human services; permitting medical assistance coverage for certain mental health services provided by physician assistants in outpatient settings; amending Minnesota Statutes 2014, section 256B.0625, subdivision 28a.

Reported the same back with the following amendments:

Page 1, line 17, delete everything before "evaluation" and insert "in the" and after "treatment" insert "of mental health"

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.

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

H. F. No. 1036, A bill for an act relating to health care; modifying provisions related to physician assistants; amending Minnesota Statutes 2014, sections 147A.01, subdivisions 17a, 23; 147A.20, subdivision 1; repealing Minnesota Statutes 2014, sections 147A.01, subdivision 5; 147A.20, subdivision 2.

Reported the same back with the following amendments:

Page 2, after line 35, insert:

"Sec. 4. Minnesota Statutes 2014, section 147A.20, subdivision 2, is amended to read:

Subd. 2. ~~Notification of intent to~~ Practice location notification. A licensed physician assistant shall submit a ~~notification of intent to~~ practice location notification to the board ~~prior to beginning~~ within 30 business days of starting practice, changing practice location, or changing supervising physician. The notification shall include the

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name, business address, and telephone number of the supervising physician and the physician assistant. Individuals who practice without submitting a ~~notification of intent to~~ practice location notification shall be subject to disciplinary action under section 147A.13 for practicing without a license, unless the care is provided in response to a disaster or emergency situation pursuant to section 147A.23."

Page 3, delete section 5 and insert:

"Sec. 6. REPEALER.

Minnesota Statutes 2014, section 147A.01, subdivision 5, is repealed."

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.

Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:

H. F. No. 1056, A bill for an act relating to public safety; establishing a grant program to assist local law enforcement agencies to develop or expand lifesaver programs that locate lost or wandering persons who are mentally impaired; authorizing rulemaking; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299C.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.

The report was adopted.

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

H. F. No. 1088, A bill for an act relating to public safety; increasing penalties for crimes committed in a patient care zone; amending sentencing provisions for assaults by inmates in public institutions; amending Minnesota Statutes 2014, sections 152.01, by adding a subdivision; 152.021, subdivision 1; 152.022, subdivision 1; 152.023, subdivision 2; 152.024, subdivision 1; 609.2232; 609.66, subdivisions 1, 1a, 1d; 609.713, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 609.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

The report was adopted.

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 881

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

H. F. No. 1122, A bill for an act relating to human services; establishing an intensive pediatric care category for home care nursing services; increasing payment rate for home care nursing services; requiring additional revenue be spent on patient-specific training; amending Minnesota Statutes 2014, section 256B.0654, subdivision 1, by adding a subdivision.

Reported the same back with the following amendments:

Page 2, line 18, delete "..." and insert "25"

Page 2, line 19, before the period, insert "and 50 percent of the additional revenue to increase pay and benefits for intensive pediatric home care nurses"

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.

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

H. F. No. 1163, A bill for an act relating to transportation; modifying requirements for issuance of school bus driver's license endorsement; amending Minnesota Statutes 2014, section 171.321, subdivisions 1, 3, by adding subdivisions.

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

The report was adopted.

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

H. F. No. 1193, A bill for an act relating to human services; excluding certain school-age child care programs from human services licensure; amending Minnesota Statutes 2014, section 245A.03, subdivision 2, by adding a subdivision; repealing Minnesota Statutes 2014, section 245A.03, subdivision 2c.

Reported the same back with the following amendments:

Page 3, line 26, after "Minnesota" insert "or another state"

Page 4, after line 11, insert:

"EFFECTIVE DATE. This section is effective July 1, 2015."

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 882

Page 4, after line 17, insert:

"EFFECTIVE DATE. This section is effective July 1, 2015."

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

The report was adopted.

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

H. F. No. 1208, A bill for an act relating to health; requiring health care quality measures and payment methods to identify and adjust for health disparities related to race, ethnicity, language, and sociodemographic risk factors; establishing a health equity data plan; appropriating money; amending Minnesota Statutes 2014, sections 62U.02, subdivisions 1, 2, 3, 4; 256B.072.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2014, section 62U.02, subdivision 1, is amended to read:

Subdivision 1. Development. (a) The commissioner of health shall develop a standardized set of measures by which to assess the quality of health care services offered by health care providers, including health care providers certified as health care homes under section 256B.0751. Quality measures must be based on medical evidence and be developed through a process in which providers participate. The measures shall be used for the quality incentive payment system developed in subdivision 2 and must:

(1) include uniform definitions, measures, and forms for submission of data, to the greatest extent possible;

(2) seek to avoid increasing the administrative burden on health care providers;

(3) be initially based on existing quality indicators for physician and hospital services, which are measured and reported publicly by quality measurement organizations, including, but not limited to, Minnesota Community Measurement and specialty societies;

(4) place a priority on measures of health care outcomes, rather than process measures, wherever possible; ~~and~~

(5) incorporate measures for primary care, including preventive services, coronary artery and heart disease, diabetes, asthma, depression, and other measures as determined by the commissioner.; and

(6) effective July 1, 2016, be stratified by race, ethnicity, preferred language, and country of origin. On or after January 1, 2018, the commissioner may require measures to be stratified by other sociodemographic factors that, according to reliable data, are correlated with health disparities and have an impact on performance, quality, or cost indicators. New methods of stratifying data under this clause must be tested and evaluated through pilot projects prior to adding them to the statewide system, with separate evaluations for each quality measure affected. In determining whether to add additional sociodemographic factors and developing the methodology to be used, the commissioner shall consider the reporting burden on providers and determine whether there are alternative sources of data that could be used. The commissioner shall ensure that categories and data collection methods are developed in consultation with those communities impacted by health disparities using culturally appropriate community

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engagement principles and methods. The commissioner shall implement this clause in coordination with the contracting entity retained under subdivision 4 in order to build upon the data stratification methodology that has been developed and tested by the entity. Nothing in this clause expands or changes the commissioner's authority to collect, analyze, or report health care data. Any data collected to implement this clause must be data that is available or is authorized to be collected under other laws. Nothing in this clause grants authority to the commissioner to collect or analyze patient-level or patient-specific data of the patient characteristics identified under this clause.

(b) The measures shall be reviewed at least annually by the commissioner.

Sec. 2. Minnesota Statutes 2014, section 62U.02, subdivision 2, is amended to read:

Subd. 2. Quality incentive payments. (a) By July 1, 2009, the commissioner shall develop a system of quality incentive payments under which providers are eligible for quality-based payments that are in addition to existing payment levels, based upon a comparison of provider performance against specified targets, and improvement over time. The targets must be based upon and consistent with the quality measures established under subdivision 1.

(b) To the extent possible, the payment system must adjust for variations in patient population in order to reduce incentives to health care providers to avoid high-risk patients or populations, including those with risk factors related to race, ethnicity, language, country of origin, and sociodemographic factors.

Sec. 3. Minnesota Statutes 2014, section 62U.02, subdivision 3, is amended to read:

Subd. 3. Quality transparency. (a) The commissioner shall establish standards for measuring health outcomes, establish a system for risk adjusting quality measures, and issue annual public reports on provider quality beginning July 1, 2010. By January 1, 2010, physician clinics and hospitals shall submit standardized electronic information on the outcomes and processes associated with patient care to the commissioner or the commissioner's designee. In addition to measures of care processes and outcomes, the report may include other measures designated by the commissioner, including, but not limited to, care infrastructure and patient satisfaction. The commissioner shall ensure that any quality data reporting requirements established under this subdivision are not duplicative of publicly reported, communitywide quality reporting activities currently under way in Minnesota. Nothing in this subdivision is intended to replace or duplicate current privately supported activities related to quality measurement and reporting in Minnesota.

(b) Effective July 1, 2017, the risk adjustment system established under this subdivision shall adjust for patient characteristics identified under subdivision 1, paragraph (a), clause (6), that are correlated with health disparities and have an impact on performance, cost, and quality measures. The risk adjustment method may consist of reporting based on an actual-to-expected comparison that reflects the characteristics of the patient population served by the clinic or hospital. The commissioner shall implement this paragraph in coordination with any contracting entity retained under subdivision 4.

Sec. 4. Minnesota Statutes 2014, section 62U.02, subdivision 4, is amended to read:

Subd. 4. Contracting. The commissioner may contract with a private entity or consortium of private entities to complete the tasks in subdivisions 1 to 3. The private entity or consortium must be nonprofit and have governance that includes representatives from the following stakeholder groups: health care providers, including providers serving high concentrations of patients and communities impacted by health disparities, health plan companies, consumers, including consumers representing groups who experience health disparities, employers or other health care purchasers, and state government. No one stakeholder group shall have a majority of the votes on any issue or hold extraordinary powers not granted to any other governance stakeholder.

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Sec. 5. Minnesota Statutes 2014, section 256B.072, is amended to read:

256B.072 PERFORMANCE REPORTING AND QUALITY IMPROVEMENT SYSTEM.

(a) The commissioner of human services shall establish a performance reporting system for health care providers who provide health care services to public program recipients covered under chapters 256B, 256D, and 256L, reporting separately for managed care and fee-for-service recipients.

(b) The measures used for the performance reporting system for medical groups shall include measures of care for asthma, diabetes, hypertension, and coronary artery disease and measures of preventive care services. The measures used for the performance reporting system for inpatient hospitals shall include measures of care for acute myocardial infarction, heart failure, and pneumonia, and measures of care and prevention of surgical infections. In the case of a medical group, the measures used shall be consistent with measures published by nonprofit Minnesota or national organizations that produce and disseminate health care quality measures or evidence-based health care guidelines. In the case of inpatient hospital measures, the commissioner shall appoint the Minnesota Hospital Association and Stratis Health to advise on the development of the performance measures to be used for hospital reporting. To enable a consistent measurement process across the community, the commissioner may use measures of care provided for patients in addition to those identified in paragraph (a). The commissioner shall ensure collaboration with other health care reporting organizations so that the measures described in this section are consistent with those reported by those organizations and used by other purchasers in Minnesota.

(c) The commissioner may require providers to submit information in a required format to a health care reporting organization or to cooperate with the information collection procedures of that organization. The commissioner may collaborate with a reporting organization to collect information reported and to prevent duplication of reporting.

(d) By October 1, 2007, and annually thereafter, the commissioner shall report through a public Web site the results by medical groups and hospitals, where possible, of the measures under this section, and shall compare the results by medical groups and hospitals for patients enrolled in public programs to patients enrolled in private health plans. To achieve this reporting, the commissioner may collaborate with a health care reporting organization that operates a Web site suitable for this purpose.

(e) Performance measures must be stratified as provided under section 62U.02, subdivision 1, paragraph (a), clause (6), and risk-adjusted as specified in section 62U.02, subdivision 3, paragraph (b).

Sec. 6. HEALTH DISPARITIES PAYMENT ENHANCEMENT.

(a) The commissioner of human services shall develop a legislative proposal for a new methodology to pay a higher payment rate for primary care, medical, mental health, dental, and hospital services that takes into consideration the higher cost, complexity, and resources needed to serve patients and populations who experience the greatest health disparities in order to achieve the same health and quality outcomes that are achieved for other patients and populations.

(b) In developing the methodology, the commissioner of human services shall take into consideration all existing medical assistance, MinnesotaCare, and basic health plan payment methods and rates, including add-on or enhanced rates paid to some providers, including critical access dental, community clinic add-ons, and federally qualified health centers payment rates. The new methodology must not result in a net decrease in total payment from all sources for the types of providers who qualify for additional add-on payments or enhanced payments. Payments for rural health clinic and federally qualified health center services shall be made according to applicable federal law and regulation.

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(c) The commissioner of human services shall evaluate the extent to which the new payment methodology can be developed and tested using data that is available to the commissioner from existing sources or through the commissioner of health. The commissioner of human services shall complete the report and develop the proposed methodology using data from existing state sources to the extent possible. If additional data sources are needed, the commissioner of human services shall submit proposed legislation to provide the authority to obtain the data that is necessary. The commissioner of health shall assist the commissioner of human services in providing data, expertise, and analysis to develop the report and payment methodology.

(d) The commissioner of human services shall develop the methodology in consultation with affected stakeholders, including communities impacted by health disparities, using culturally appropriate methods of community engagement. The proposed methodology must include recommendations for how the methodology could be incorporated into payment methods used in both fee-for-service and managed care plans.

(e) The commissioner of human services shall submit a report and recommendations, and draft legislative language, to implement the new methodology to the chairs and ranking minority members of the legislative committees with jurisdiction over health care policy and finance, including the proposed methodology for providing a health disparities payment adjustment. The legislative proposal for payment rate changes shall be submitted to the legislature as part of or in conjunction with the commissioner of human services legislative budget and policy proposals to the 2016 legislature for changes to the state's medical assistance program and state purchasing strategy for Minnesota health care programs. The report and legislation shall include the proposed process, timeline, and budgetary needs for the data collection, analysis, development, and testing of the new methodology and the target date for implementation.

Sec. 7. APPROPRIATIONS.

Subdivision 1. Commissioner of health. $....... is appropriated for the biennium ending June 30, 2017, from the general fund to the commissioner of health for the following:

(1) the development of the quality incentive payment system specified in Minnesota Statutes, section 62U.02, subdivision 1, paragraph (a), clause (6);

(2) the development of the risk adjustment system specified in Minnesota Statutes, section 62U.02, subdivision 3, paragraph (b); and

(3) community engagement with those communities impacted by health disparities.

Subd. 2. Commissioner of human services. $....... is appropriated for the biennium ending June 30, 2017, from the general fund to the commissioner of human services for the modification of provider performance measures under Minnesota Statutes, section 256B.072, paragraph (e), to implement stratification and risk adjustment methods."

Amend the title as follows:

Page 1, line 4, delete "establishing a health equity data plan;"

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

The report was adopted.

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 886

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

H. F. No. 1242, A bill for an act relating to data practices; authorizing certain data on disability certificate holders to be released for purposes of enforcing parking restrictions in cities and towns; amending Minnesota Statutes 2014, section 13.69, subdivision 1.

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

The report was adopted.

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

H. F. No. 1246, A bill for an act relating to health insurance; requiring coverage for telemedicine for health carriers and medical assistance; amending Minnesota Statutes 2014, section 256B.0625, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 62A.

Reported the same back with the following amendments:

Page 2, line 4, delete ", consistent with applicable federal law and regulations,"

Page 2, line 5, after the period, insert "A communication between health care providers that consists solely of a telephone conversation is not a telemedicine consultation."

Page 2, line 17, delete "2015" and insert "2016"

Page 2, line 25, delete "treating or consulting" and insert "distant site"

Page 2, delete line 27 and insert "those services if they had been delivered in person."

Page 2, delete subdivision 4 and insert:

"Subd. 4. Originating site facility fee payment. If a health care provider provides the facility used as the originating site for the delivery of telemedicine to a health carrier's insured or enrollee, the health carrier shall make a facility fee payment to the originating site health care provider. The facility fee payment to the originating site health care provider shall be in addition to the reimbursement to the distant site provider specified in subdivision 3. The facility fee payment shall not be subject to any patient coinsurance, deductible, or co-payment obligation."

Page 3, delete lines 20 to 24 and insert:

"(b) If a health care provider provides the facility used as the originating site for the delivery of telemedicine to a patient, medical assistance shall make a facility fee payment to the originating site health care provider. The facility payment fee to the originating site health care provider shall be in addition to the reimbursement for the telemedicine service specified in paragraph (a)."

Page 3, line 26, delete "2015" and insert "2016"

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce and Regulatory Reform.

The report was adopted.

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 887

Scott from the Committee on Civil Law and Data Practices to which was referred:

H. F. No. 1261, A bill for an act relating to state government; regulating rulemaking by state agencies; providing process requirements for rules that have substantial economic impact; amending Minnesota Statutes 2014, sections 14.02, by adding a subdivision; 14.05, subdivisions 1, 2; 14.116; 14.127; 14.131; 14.388, subdivision 2; 14.389, subdivision 2; 14.44; 14.45.

Reported the same back with the following amendments:

Page 2, line 3, delete "expressly"

Page 4, line 1, strike everything after the period

Page 4, strike line 2

Page 4, line 5, delete "economic"

Page 4, line 26, delete "and a"

Page 4, line 27, delete "determination whether the rule will have a substantial economic impact"

Page 6, line 34, delete the first "and" and after "economic" insert ", or other"

Page 8, delete lines 21 to 24 and insert "The agency is liable for all costs associated with review of the petition. If the Court of Appeals rules in favor of the agency, the agency may recover all or a portion of the cost from the petitioner unless the petitioner is entitled to proceed in forma pauperis under section 563.01, or the court determines that the petition was brought in good faith or the assessment of the costs would constitute an undue hardship for the petitioner."

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

The report was adopted.

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

H. F. No. 1272, A bill for an act relating to human services; modifying human services licensing actions; amending Minnesota Statutes 2014, sections 245A.06, by adding a subdivision; 245A.07, by adding a subdivision; 245A.08, subdivision 3, by adding a subdivision; 626.557, subdivision 12b; 626.5572, subdivision 17.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2014, section 245A.06, is amended by adding a subdivision to read:

Subd. 1a. Correction orders and conditional licenses for programs licensed as home and community-based services. (a) For programs licensed under both this chapter and chapter 245D, if the license holder operates more than one service site under a single license governed by chapter 245D, the order issued under this section shall

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be specific to the service site or sites at which the violations of applicable law or rules occurred. The order shall not apply to other service sites governed by chapter 245D and operated by the same license holder unless the commissioner has included in the order the articulable basis for applying the order to another service site.

(b) If the commissioner has issued more than one license to the license holder under this chapter, the conditions imposed under this section shall be specific to the license for the program at which the violations of applicable law or rules occurred and shall not apply to other licenses held by the same license holder if those programs are being operated in substantial compliance with applicable law and rules.

Sec. 2. [245A.081] SETTLEMENT AGREEMENT.

(a) A license holder who has made a timely appeal pursuant to section 245A.06, subdivision 4, or 245A.07, subdivision 3, or the commissioner may initiate a discussion about a possible settlement agreement related to the licensing sanction. For the purposes of this section, the following conditions apply to a settlement agreement reached by the parties:

(1) if the parties enter into a settlement agreement, the effect of the agreement shall be that the appeal is withdrawn and the agreement shall constitute the full agreement between the commissioner and the party who filed the appeal; and

(2) the settlement agreement must identify the agreed upon actions the license holder has taken and will take in order to achieve and maintain compliance with the licensing requirements that the commissioner determined the license holder had violated.

(b) Neither the license holder nor the commissioner is required to initiate a settlement discussion under this section.

(c) If a settlement discussion is initiated by the license holder, the commissioner shall respond to the license holder within 14 calendar days of receipt of the license holder's submission.

(d) If the commissioner agrees to engage in settlement discussions, the commissioner may decide at any time not to continue settlement discussions with a license holder."

Delete the title and insert:

"A bill for an act relating to human services; providing for correction orders and conditional licenses for home and community-based services programs; providing for settlement agreements; amending Minnesota Statutes 2014, section 245A.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 245A."

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

The report was adopted.

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

H. F. No. 1277, A bill for an act relating to health; creating a Council on International Medical Graduates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

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Page 2, line 13, delete "15" and insert "16"

Page 2, line 25, delete "and"

Page 2, line 26, after the semicolon, insert "and"

Page 2, after line 26, insert:

"(v) the Minnesota Academy of Physician Assistants;"

Page 5, line 35, after the semicolon, insert "and"

Page 6, line 2, delete the semicolon and insert a period

Page 6, delete lines 3 to 18

Page 6, after line 36, insert:

"Subd. 9. Voluntary hospital programs. Nothing in this section shall be construed to prohibit any hospital licensed in Minnesota from voluntarily establishing a program to employ, establish residencies, or otherwise train foreign-trained physicians. A hospital may establish programs and pathways for foreign-trained physicians to become licensed to practice medicine in the state of Minnesota. A hospital may partner with the New Americans Alliance for Development to screen for and identify foreign-trained physicians eligible for a hospital's particular program."

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

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 1290, A bill for an act relating to commerce; providing funding for the insurance fraud prevention account; ending the annual transfer of money from the automobile theft prevention program to the general fund; amending Minnesota Statutes 2014, sections 45.0135, subdivision 6; 65B.84, subdivision 1; 297I.11, subdivision 2.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

The report was adopted.

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

H. F. No. 1303, A bill for an act relating to health care; modifying health plan contracting requirements; amending Minnesota Statutes 2014, sections 62Q.733, subdivision 3; 62Q.735, subdivisions 2, 5.

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

The report was adopted.

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

H. F. No. 1314, A bill for an act relating to human services; permitting faculty members and resident dentists to enroll as medical assistance providers; amending Minnesota Statutes 2014, section 256B.0625, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2014, section 150A.06, subdivision 1b, is amended to read:

Subd. 1b. Resident dentists. A person who is a graduate of a dental school and is an enrolled graduate student or student of an accredited advanced dental education program and who is not licensed to practice dentistry in the state shall obtain from the board a license to practice dentistry as a resident dentist. The license must be designated "resident dentist license" and authorizes the licensee to practice dentistry only under the supervision of a licensed dentist. A University of Minnesota School of Dentistry dental resident holding a resident dentist license is eligible for enrollment in medical assistance, as provided under section 256B.0625, subdivision 9b. A resident dentist license must be renewed annually pursuant to the board's rules. An applicant for a resident dentist license shall pay a nonrefundable fee set by the board for issuing and renewing the license. The requirements of sections 150A.01 to 150A.21 apply to resident dentists except as specified in rules adopted by the board. A resident dentist license does not qualify a person for licensure under subdivision 1."

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 Health and Human Services Finance.

The report was adopted.

Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:

H. F. No. 1329, A bill for an act relating to natural resources; modifying invasive species provisions; providing for temporary water surface use controls in construction areas; modifying state park permit provisions; regulating wake surfing; modifying life jacket requirements; modifying requirements for fire training; modifying auxiliary forest provisions; modifying forest bough account; modifying recreational vehicle transfer requirements; modifying authority to issue water use permits; providing civil penalties; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 84.788, subdivision 5, by adding a subdivision; 84.84; 84.922, subdivision 4; 84D.01, subdivisions 13, 15, 17, 18; 84D.03, subdivision 3; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12, subdivisions 1, 3; 84D.13, subdivisions 4, 5; 84D.15, subdivision 3; 85.054, subdivision 12; 86B.201, by adding a subdivision; 86B.313, subdivisions 1, 4; 86B.315; 88.17, subdivision 3; 88.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; 88.491, subdivision 2; 88.50; 88.51, subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; 88.523; 88.53, subdivisions 1, 2; 88.6435, subdivision 4; 103G.271, subdivision 5; 282.011, subdivision 3; repealing Minnesota Statutes 2014, sections 88.47; 88.48; 88.49, subdivisions 1, 2, 10; 88.491, subdivision 1; 88.51, subdivision 2; 282.013.

Reported the same back with the following amendments:

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Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2014, section 84.788, subdivision 5, is amended to read:

Subd. 5. Report of ownership transfers; fee. ~~A person who sells or transfers~~ (a) Application for transfer of ownership of an off-highway motorcycle registered under this section ~~shall report the sale or transfer~~ must be made to the commissioner within 15 days of the date of transfer.

(b) An application for transfer must be executed by the registered owner and the ~~buyer on a form prescribed by the commissioner with the owner's registration certificate,~~ purchaser using a bill of sale~~, and a $4 fee~~ that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser fails to apply for transfer of ownership as provided under this subdivision.

EFFECTIVE DATE. This section is effective January 1, 2016.

Sec. 2. Minnesota Statutes 2014, section 84.788, is amended by adding a subdivision to read:

Subd. 5a. Report of registration transfers. (a) Application for transfer of registration under this section must be made to the commissioner within 15 days of the date of transfer.

(b) An application for transfer must be executed by the registered owner and the purchaser using a bill of sale that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser fails to apply for transfer of registration as provided under this subdivision.

EFFECTIVE DATE. This section is effective January 1, 2016.

Sec. 3. [84.8031] GRANT-IN-AID APPLICATIONS; REVIEW PERIOD.

The commissioner must review an off-road vehicle grant-in-aid application and, if approved, commence public review of the application within 60 days after the application has been locally approved and submitted to an area parks and trails office. If the commissioner fails to approve or deny the application within 60 days after submission, the application is deemed approved and the commissioner must provide for a 30-day public review period.

Sec. 4. Minnesota Statutes 2014, section 84.84, is amended to read:

84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP.

(a) Within 15 days after the transfer of ownership, or any part thereof, other than a security interest, or the destruction or abandonment of any snowmobile, written notice ~~thereof~~ of the transfer or destruction or abandonment shall be given to the commissioner in such form as the commissioner shall prescribe.

(b) An application for transfer must be executed by the registered owner and the purchaser using a bill of sale that includes the vehicle serial number.

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(c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser fails to apply for transfer of ownership as provided under this subdivision. Every owner or part owner of a snowmobile shall, upon failure to give ~~such~~ notice of destruction or abandonment, be subject to the penalties imposed by ~~Laws 1967, chapter 876~~ section 84.88.

EFFECTIVE DATE. This section is effective July 1, 2016.

Sec. 5. Minnesota Statutes 2014, section 84.92, subdivision 8, is amended to read:

Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a motorized vehicle of with: (1) not less than three, but not more than six low pressure or non-pneumatic tires~~, that is limited in engine displacement of less than 1,000 cubic centimeters and~~; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle. All-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.

Sec. 6. Minnesota Statutes 2014, section 84.92, subdivision 9, is amended to read:

Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an all-terrain vehicle that has a total ~~dry weight of less than 1,200 pounds~~ width from outside of tire rim to outside of tire rim that is 50 inches or less.

Sec. 7. Minnesota Statutes 2014, section 84.92, subdivision 10, is amended to read:

Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an all-terrain vehicle that has a total ~~dry weight of 1,200 to 1,800 pounds~~ width from outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches.

Sec. 8. Minnesota Statutes 2014, section 84.922, subdivision 4, is amended to read:

Subd. 4. Report of transfers. ~~A person who sells or transfers ownership of a vehicle registered under this section shall report the sale or~~ (a) Application for transfer of ownership must be made to the commissioner within 15 days of the date of transfer.

(b) An application for transfer must be executed by the registered owner and the purchaser ~~on a form prescribed by the commissioner with the owner's registration certificate,~~ using a bill of sale ~~and a $4 fee~~ that includes the vehicle serial number.

(c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser fails to apply for transfer of ownership as provided under this subdivision.

EFFECTIVE DATE. This section is effective January 1, 2016.

Sec. 9. Minnesota Statutes 2014, section 84.9256, subdivision 1, is amended to read:

Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.

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(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters or state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training program and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands or waters or on state or grant-in-aid trails if the person cannot properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety course offered by the ATV Safety Institute or another state as provided in section 84.925, subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

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Sec. 10. Minnesota Statutes 2014, section 84.928, subdivision 1, is amended to read:

Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise allowed in sections 84.92 to 84.928 or by local ordinance under paragraph (k), a person shall not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph (d) or (f).

(c) A person may operate a class 1 all-terrain vehicle designed by the manufacturer for off-road use to be driven by a steering wheel and equipped with operator and passenger seat belts and a roll-over protective structure or a class 2 all-terrain vehicle:

(1) within the public road right-of-way of a county state-aid or county highway on the extreme right-hand side of the road and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f);

(2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county state-aid, or county highway but only to access businesses or make trail connections, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f); and

(3) on the bank or ditch of a public road right-of-way on a designated class 2 all-terrain vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a public hearing restrict the use of all-terrain vehicles in the public road right-of-way under its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county highway:

(1) that is part of a funded grant-in-aid trail; or

(2) when the all-terrain vehicle is owned by or operated under contract with a publicly or privately owned utility or pipeline company and used for work on utilities or pipelines.

(f) The commissioner may limit the use of a right-of-way for a period of time if the commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.

The commissioner must notify the road authority as soon as it is known that a closure will be ordered. The notice must state the reasons and duration of the closure.

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(g) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or employee of a road authority, as defined in section 160.02, subdivision 25, or the Department of Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway.

(j) A person shall not operate an all-terrain vehicle at any time within the right-of-way of an interstate highway or freeway within this state.

(k) A county, city, or town, acting through its governing body, may by ordinance allow a person to operate an all-terrain vehicle on a public road or street under its jurisdiction to access businesses and residences and to make trail connections.

Sec. 11. Minnesota Statutes 2014, section 84D.01, subdivision 13, is amended to read:

Subd. 13. Prohibited invasive species. "Prohibited invasive species" means a nonnative species that has been ~~listed~~ designated as a prohibited invasive species in a rule adopted by the commissioner under section 84D.12.

Sec. 12. Minnesota Statutes 2014, section 84D.01, subdivision 15, is amended to read:

Subd. 15. Regulated invasive species. "Regulated invasive species" means a nonnative species that has been ~~listed~~ designated as a regulated invasive species in a rule adopted by the commissioner under section 84D.12.

Sec. 13. Minnesota Statutes 2014, section 84D.01, subdivision 17, is amended to read:

Subd. 17. Unlisted nonnative species. "Unlisted nonnative species" means a nonnative species that has not been ~~listed~~ designated as a prohibited invasive species, a regulated invasive species, or an unregulated nonnative species in a rule adopted by the commissioner under section 84D.12.

Sec. 14. Minnesota Statutes 2014, section 84D.01, subdivision 18, is amended to read:

Subd. 18. Unregulated nonnative species. "Unregulated nonnative species" means a nonnative species that has been ~~listed~~ designated as an unregulated nonnative species in a rule adopted by the commissioner under section 84D.12.

Sec. 15. Minnesota Statutes 2014, section 84D.03, subdivision 3, is amended to read:

Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) or (c) and section 97C.341.

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(b) In waters that are listed as infested waters, except those listed ~~because they contain~~ as infested with prohibited invasive species of fish or certifiable diseases of fish, as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes according to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are listed solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length~~; and~~.

~~(3)~~ (c) In streams or rivers that are listed as infested waters, except those listed as infested with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait ~~from streams or rivers listed as infested waters,~~ by hook and line for noncommercial personal use~~. Other provisions that apply to this clause are~~ is allowed as follows:

~~(i)~~ (1) fish taken under this ~~clause~~ paragraph must be used on the same body of water where caught and while still on that water body. Where the river or stream is divided by barriers such as dams, the fish must be caught and used on the same section of the river or stream;

~~(ii)~~ (2) fish taken under this ~~clause~~ paragraph may not be transported live from or off the water body;

~~(iii)~~ (3) fish harvested under this ~~clause~~ paragraph may only be used in accordance with this section;

~~(iv)~~ (4) any other use of wild animals used for bait from infested waters is prohibited;

~~(v)~~ (5) fish taken under this ~~clause~~ paragraph must meet all other size restrictions and requirements as established in rules; and

~~(vi)~~ (6) all species listed under this ~~clause~~ paragraph shall be included in the person's daily limit as established in rules, if applicable.

~~(c)~~ (d) Equipment authorized for minnow harvest in a listed infested water by permit issued under paragraph (b) may not be transported to, or used in, any waters other than waters specified in the permit.

Sec. 16. Minnesota Statutes 2014, section 84D.06, is amended to read:

84D.06 UNLISTED NONNATIVE SPECIES.

Subdivision 1. Process. A person may not introduce an unlisted nonnative aquatic plant or wild animal species unless:

(1) the person has notified the commissioner in a manner and form prescribed by the commissioner;

(2) the commissioner has made the classification determination required in subdivision 2 and ~~listed~~ designated the species as appropriate; and

(3) the introduction is allowed under the applicable provisions of this chapter.

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Subd. 2. Classification. (a) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a prohibited invasive species, the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, ~~listing~~ designating the species as a prohibited invasive species; and

(2) notify the person from which the notification was received that the species is subject to section 84D.04.

(b) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as an unregulated nonnative species, the commissioner shall:

(1) adopt a rule under section 84D.12, subdivision 3, ~~listing~~ designating the species as an unregulated nonnative species; and

(2) notify the person from which the notification was received that the species is not subject to regulation under this chapter.

(c) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a regulated invasive species, the commissioner shall notify the applicant that the species is subject to the requirements in section 84D.07.

Sec. 17. Minnesota Statutes 2014, section 84D.10, subdivision 3, is amended to read:

Subd. 3. Removal and confinement. (a) A conservation officer or other licensed peace officer may order:

(1) the removal of aquatic macrophytes or prohibited invasive species from water-related equipment, including decontamination using hot water or high pressure equipment when available on site, before it the water-related equipment is transported or before it is placed into waters of the state;

(2) confinement of the water-related equipment at a mooring, dock, or other location until the water-related equipment is removed from the water;

(3) removal of water-related equipment from waters of the state to remove prohibited invasive species if the water has not been listed by the commissioner as being infested with that species; ~~and~~

(4) a prohibition on placing water-related equipment into waters of the state when the water-related equipment has aquatic macrophytes or prohibited invasive species attached in violation of subdivision 1 or when water has not been drained or the drain plug has not been removed in violation of subdivision 4.; and

(5) decontamination of water-related equipment when available on site.

(b) An order for removal of prohibited invasive species under paragraph (a), clause (1), or decontamination of water-related equipment under paragraph (a), clause (5), may include tagging the water-related equipment and issuing a notice that specifies a time frame for completing the removal or decontamination and reinspection of the water-related equipment.

~~(b)~~ (c) An inspector who is not a licensed peace officer may issue orders under paragraph (a), clauses (1), (3), ~~and~~ (4), and (5).

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Sec. 18. Minnesota Statutes 2014, section 84D.11, subdivision 1, is amended to read:

Subdivision 1. Prohibited invasive species. The commissioner may issue a permit for the propagation, possession, importation, purchase, or transport of a prohibited invasive species for the purposes of disposal, decontamination, control, research, or education.

Sec. 19. Minnesota Statutes 2014, section 84D.12, subdivision 1, is amended to read:

Subdivision 1. Required rules. The commissioner shall adopt rules:

(1) ~~listing~~ designating prohibited invasive species, regulated invasive species, and unregulated nonnative species of aquatic plants and wild animals;

(2) governing the application for and issuance of permits under this chapter, which rules may include a fee schedule; and

(3) governing notification under section 84D.08.

Sec. 20. Minnesota Statutes 2014, section 84D.12, subdivision 3, is amended to read:

Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027, subdivision 13, that ~~list~~ designate:

(1) prohibited invasive species of aquatic plants and wild animals;

(2) regulated invasive species of aquatic plants and wild animals; and

(3) unregulated nonnative species of aquatic plants and wild animals.

Sec. 21. Minnesota Statutes 2014, section 84D.15, subdivision 3, is amended to read:

Subd. 3. Use of money in account. Money credited to the invasive species account in subdivision 2 shall be used for management of invasive species and implementation of this chapter as it pertains to invasive species, including control, public awareness, law enforcement, assessment and monitoring, management planning, habitat improvements, and research.

Sec. 22. Minnesota Statutes 2014, section 85.015, is amended by adding a subdivision to read:

Subd. 1e. Connection to state parks and recreation areas. Trails designated under this section may include connections to state parks or recreation areas that generally lie in between or within the vicinity of the waymarks specifically named in the designation.

Sec. 23. Minnesota Statutes 2014, section 85.015, subdivision 28, is amended to read:

Subd. 28. Camp Ripley/Veterans State Trail, Crow Wing, Cass, and Morrison Counties. The trail shall originate at Crow Wing State Park in Crow Wing County at the southern end of the Paul Bunyan Trail and shall extend from Crow Wing State Park westerly to the city of Pillager, then southerly along the west side of Camp Ripley, then easterly along the south side of Camp Ripley across to the east side of the Mississippi River, and then northerly through Fort Ripley to Crow Wing State Park. A second segment of the trail shall be established that shall extend in a southerly direction and in close proximity to the Mississippi River from the southeasterly portion of the first segment of the trail to the city of Little Falls, and then terminate at the Soo Line Trail in Morrison County. Separation of motorized and nonmotorized corridors is acceptable as needed.

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Sec. 24. [85.0506] LAKE VERMILION-SOUDAN UNDERGROUND MINE STATE PARK; HOISTS.

The Lake Vermilion-Soudan Underground Mine State Park mine tour operation is exempt from sections 326B.163 to 326B.191. The federal mine code for hoists that lift people under Code of Federal Regulations, title 30, part 57, subpart R, applies to the Lake Vermilion-Soudan Underground Mine State Park hoist. The commissioner shall employ a hoist safety expert to conduct an annual inspection of the hoist system at the Lake Vermilion-Soudan Underground Mine State Park.

Sec. 25. Minnesota Statutes 2014, section 85.054, subdivision 12, is amended to read:

Subd. 12. Lake Vermilion-Soudan Underground Mine State Park. A state park permit is not required and a fee may not be charged for motor vehicle entry or parking at the visitor parking area of Soudan Underground Mine ~~State Park~~ and the Stuntz Bay boat house area.

Sec. 26. Minnesota Statutes 2014, section 86B.201, is amended by adding a subdivision to read:

Subd. 4. Construction area restrictions. The commissioner may adopt, by written order, temporary water surface use controls at public construction and maintenance sites that cross or are adjacent to waters of the state for a period of time not to exceed the duration of the construction or maintenance project. Temporary controls adopted under this subdivision are exempt from the rulemaking requirements of chapter 14 and section 14.386 does not apply.

Sec. 27. Minnesota Statutes 2014, section 88.17, subdivision 3, is amended to read:

Subd. 3. Special permits. The following special permits are required at all times, including when the ground is snow-covered:

(a) Fire training. A permit to start a fire for the instruction and training of firefighters, including liquid fuels training, may be given by the commissioner or agent of the commissioner. Except for owners or operators conducting fire training in specialized industrial settings pursuant to applicable federal, state, or local standards, owners or operators conducting open burning for the purpose of instruction and training of firefighters with regard to structures must ~~follow the techniques described in a document entitled: Structural Burn Training Procedures for the Minnesota Technical College System~~ use only fuel materials as outlined in the current edition of National Fire Protection Association 1403, Standard on Live Fire Training Evolutions, and obtain the applicable live burn documents in accordance with the current edition of the Board of Firefighter Training and Education's live burn plan established according to section 299N.02, subdivision 3, clause (2).

(b) Permanent tree and brush open burning sites. A permit for the operation of a permanent tree and brush burning site may be given by the commissioner or agent of the commissioner. Applicants for a permanent open burning site permit shall submit a complete application on a form provided by the commissioner. Existing permanent tree and brush open burning sites must submit for a permit within 90 days of the passage of this statute for a burning permit. New site applications must be submitted at least 90 days before the date of the proposed operation of the permanent open burning site. The application must be submitted to the commissioner and must contain:

(1) the name, address, and telephone number of all owners of the site proposed for use as the permanent open burning site;

(2) if the operator for the proposed permanent open burning site is different from the owner, the name, address, and telephone number of the operator;

(3) a general description of the materials to be burned, including the source and estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation, and provisions for smoke management; and

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(4) a topographic or similarly detailed map of the site and surrounding area within a one-mile circumference showing all structures that might be affected by the operation of the site.

Only trees, tree trimmings, or brush that cannot be disposed of by an alternative method such as chipping, composting, or other method shall be permitted to be burned at a permanent open burning site. A permanent tree and brush open burning site must be located and operated so as not to create a nuisance or endanger water quality. The commissioner shall revoke the permit or order actions to mitigate threats to public health, safety, and the environment in the event that permit conditions are violated.

Sec. 28. Minnesota Statutes 2014, section 88.49, subdivision 3, is amended to read:

Subd. 3. ~~Recording~~ Provisions of auxiliary forest contract to run with the land. The commissioner shall submit such contract in recordable form to the owner of the land covered thereby. If the owner shall indicate to the commissioner an unwillingness to execute the same, or if the owner or any of the persons having an interest therein or lien thereon fail to execute it within 60 days from the time of its submission to the owner, all proceedings relating to the making of this land into an auxiliary forest shall be at an end.

When the contract shall have been executed it shall forthwith be recorded in the office of the county recorder at the expense of the owner or, if the title to the land be registered, with the registrar of titles. At the time the contract is recorded with the county recorder for record the owner, at the owner's expense, shall record with the county recorder a certificate from the county attorney to the effect that no change in record title thereof has occurred, that no liens or other encumbrances have been placed thereon, and that no taxes have accrued thereon since the making of the previous certificate. It shall be the duty of the county attorney to furnish this certificate without further compensation.

All the provisions of ~~the~~ a recorded contract ~~shall be~~ for an auxiliary forest are deemed covenants running with the land from the date of the filing of the contract for record.

Sec. 29. Minnesota Statutes 2014, section 88.49, subdivision 4, is amended to read:

Subd. 4. Effect. Upon the filing of the contract for record, the land ~~therein~~ described in the contract shall become, and, during the life of the contract, remain ~~and be~~, an auxiliary forest entitled to all the benefits and subject to all the restrictions of sections ~~88.47~~ 88.49 to 88.53~~, all of which shall be deemed a~~. These sections are part of the obligation of the contract and ~~shall be~~ are inviolate, subject only to the police power of the state, to the power of eminent domain, and to ~~the right of the parties thereto by mutual agreement to make applicable to the contract any~~ laws of the state enacted subsequent to ~~its~~ the execution ~~and filing. This provision shall not be so construed as to prevent amendatory or supplementary legislation which does~~ of the contract. Laws enacted subsequent to the date of execution of the contract are applicable to the contract, so long as the laws do not impair ~~these~~ the contract rights of the ~~parties thereto, or as to prevent amendatory or supplementary legislation in respect of the culture, care, or management of the lands included in any such contract~~ signatories of the contract or their successors or assigns.

Sec. 30. Minnesota Statutes 2014, section 88.49, subdivision 5, is amended to read:

Subd. 5. Cancellation. ~~Upon the failure of~~ (a) If the owner fails to faithfully to fulfill and perform ~~such~~ the contract or, any provision ~~thereof~~ of the contract, or any requirement of sections ~~88.47~~ 88.49 to 88.53, or any rule ~~adopted by~~ the commissioner ~~thereunder~~ adopts under those sections, the commissioner may cancel the contract ~~in the manner herein provided~~. The commissioner shall give to the owner~~, in the manner prescribed in section 88.48, subdivision 4,~~ 60 days' notice of a hearing ~~thereon~~ at which the owner may appear and show cause, if any, why the contract should not be canceled. The commissioner shall ~~thereupon~~ then determine whether the contract should be canceled and make an order to that effect. ~~Notice of the commissioner's determination and the making of the order shall be given to~~ The commissioner shall give the owner ~~in the manner provided in section 88.48, subdivision 4~~

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notice of the commissioner's determination and order. ~~On determining~~ If the commissioner determines that the contract should be canceled and ~~no appeal therefrom be taken~~ the owner does not appeal the determination as provided in subdivision 7, the commissioner shall send notice ~~thereof~~ of the cancellation to the auditor of the county and to the town clerk of the town affected and file with the recorder a certified copy of the order~~, who~~. The recorder shall ~~forthwith~~ note the cancellation upon the record ~~thereof~~, and ~~thereupon~~ the land ~~therein~~ described in the contract shall cease to be an auxiliary forest and, together with the timber ~~thereon~~ on the land, become liable to for all taxes and assessments that ~~otherwise~~ would have been levied against ~~it had it never been an auxiliary forest~~ the land from the time of the making of the contract, ~~any~~ notwithstanding provisions of the statutes of limitation to the contrary ~~notwithstanding, less~~. The amount of taxes paid under ~~the provisions of~~ section 88.51, subdivision 1, together with interest on such taxes and assessments at six percent per annum, but without penalties, must be subtracted from the tax owed by the owner.

(b) The commissioner may ~~in like manner and with like effect~~ cancel the contract upon written application of the owner.

(c) The commissioner shall cancel ~~any~~ the contract if the owner has ~~made successful application~~ successfully applied under ~~sections 290C.01 to 290C.11,~~ the Sustainable Forest Incentive Act, sections 290C.01 to 290C.11, and has paid to the county treasurer the tax difference between the amount ~~which~~ that would have been paid had the land under contract been subject to the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive Act from the date of the recording of the contract and the amount actually paid under section 88.51, ~~subdivisions~~ subdivision 1, and Minnesota Statutes 2014, section 88.51, subdivision 2. ~~This tax difference must be calculated based on the years the lands would have been taxed under the Tree Growth Tax Law and the Sustainable Forest Incentive Act.~~ The sustainable forest tax difference is net of the incentive payment of section 290C.07. If the amount ~~which~~ that would have been paid~~, had~~ if the land under contract had been under the Minnesota Tree Growth Tax Law and the Sustainable Forest Incentive Act from the date ~~of the filing of~~ the contract, was filed is less than the amount actually paid under the contract, the cancellation shall be made without further payment by the owner.

~~When~~ (d) If the execution of ~~any~~ the contract creating an auxiliary forest ~~shall have been~~ is procured through fraud or deception ~~practiced upon~~ on the county board or, the commissioner, or any other person or body representing the state, it may ~~be canceled~~ cancel it upon suit brought by the attorney general at the direction of the commissioner. This cancellation ~~shall have~~ has the same effect as the cancellation of a contract by the commissioner.

Sec. 31. Minnesota Statutes 2014, section 88.49, subdivision 6, is amended to read:

Subd. 6. Assessment after cancellation. (a) For the purpose of levying ~~such~~ taxes, the county auditor shall, immediately upon ~~receipt of~~ receiving notice of the cancellation of ~~any~~ a contract creating an auxiliary forest, direct the local assessor to assess the lands within the forest, excluding the value of merchantable timber and minerals and other things of value taxed under the provisions of Minnesota Statutes 2014, section 88.51, subdivision 2, ~~as of~~ for each of the years ~~during which~~ the lands ~~have been~~ were included within the auxiliary forest. The local assessor shall ~~forthwith~~ make the assessment and certify the same to the county auditor. The county auditor shall ~~thereupon~~ levy a tax on the assessable value of the land as, fixed by section 273.13, for each of the years ~~during which~~ the land ~~has been~~ was within an auxiliary forest, at the rate at which other real estate within the taxing district was taxed in those years. The tax ~~so assessed and levied against any land shall be~~ is a first and prior lien upon the land and upon all timber and forest products growing, grown, or cut ~~thereon~~ on the land and removed ~~therefrom~~ from the land. These taxes ~~shall~~ must be enforced in the same manner as other taxes on real estate are enforced and~~, in addition thereto,~~ the lien of the tax on forest products cut or removed from this land ~~shall~~ must be enforced by the seizure and sale of the forest products.

(b) No person shall, after the mailing by the commissioner, as provided in subdivision 5, of notice of hearing on the cancellation of a the contract making ~~any~~ lands an auxiliary forest, cut or remove from these lands any timber or forest products growing, grown, or cut thereon until all taxes levied under this subdivision ~~shall have been~~ are paid,

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or, ~~in the event such~~ if the levy ~~shall~~ is not ~~have been~~ completed, until the owner ~~shall have~~ has given a bond payable to the county, with sureties approved by the county auditor, in ~~such~~ the amount as the county auditor ~~shall deem~~ deems ample for the payment of all taxes that may be levied ~~thereon~~ under this subdivision, conditioned for the payment of ~~such~~ the taxes.

(c) Any person who ~~shall violate any of the provisions of~~ violates this subdivision ~~shall be~~ is guilty of a felony.

Sec. 32. Minnesota Statutes 2014, section 88.49, subdivision 7, is amended to read:

Subd. 7. Appeal. (a) The owner may appeal from any cancellation order of the commissioner to the district court of the county ~~wherein~~ where the land is ~~situate,~~ located by serving notice of appeal on the commissioner and filing the same with the court administrator of the district court within 30 days after the date of mailing of notice of such order.

(b) The appeal ~~shall~~ must be tried between the state of Minnesota and the owner by the court as a suit for the rescission of a contract is tried, and the judgment of the court ~~shall be~~ is substituted for the cancellation order of the commissioner, and ~~shall be~~ is final.

Sec. 33. Minnesota Statutes 2014, section 88.49, subdivision 8, is amended to read:

Subd. 8. Proceedings in lieu of cancellation. If cause for the cancellation of ~~any~~ a contract ~~shall exist~~ exists, the commissioner may, in lieu of canceling ~~such~~ the contract, perform the terms and conditions~~, other than the payment of~~ that the owner was required to perform, except that the commissioner may not pay any taxes, that the owner was required~~, by the contract or by law or by the rules of the commissioner, to be performed by the owner, and may for that purpose~~ to have paid by law. The commissioner may use any available moneys appropriated for the maintenance of the commissioner's division and any other lawful means to perform all other terms and conditions required to maintain the auxiliary forest status. The commissioner shall, on December 1 each year, certify to the auditor of each county the amount of moneys ~~thus~~ expended on and the value of services ~~thus~~ rendered ~~in respect of any lands therein~~ for land in the county since December 1 of the preceding year. The county auditor shall ~~forthwith~~ assess and levy the amount shown by this certificate against the lands described ~~therein~~. This amount ~~shall bear~~ bears interest at the rate of six percent per annum and ~~shall be~~ is a lien upon the lands described ~~therein, and~~. The collection ~~thereof~~ of the tax must be enforced in the same manner as taxes levied under section 88.52, subdivision 1;, and, if ~~such~~ the tax be is not sooner paid, it ~~shall~~ must be added to, and the payment ~~thereof~~ enforced with, the yield tax imposed under section 88.52, subdivision 2.

Sec. 34. Minnesota Statutes 2014, section 88.49, subdivision 9, is amended to read:

Subd. 9. Auxiliary forests; withdrawal of land from. (a) Land needed for other purposes may be withdrawn from an auxiliary forest ~~as herein provided~~. The owner may submit a verified application ~~therefor~~ in a form prescribed by the commissioner of natural resources ~~may be made by the owner~~ to the county board of the county in which the land is situated, describing the land and stating the purpose of withdrawal. Like proceedings shall be had upon the application as upon an application for the establishment of an auxiliary forest, except that consideration need be given only to the questions to be determined as provided in this subdivision. The county board shall consider the application and hear any matter offered in support of or in opposition to the application. The county board shall make proper record of its action upon the application. If the application is rejected, the county board shall prepare a written statement stating the reasons for the rejection within 30 days of the date of rejection. If the application is rejected, the county auditor shall, within 30 days of the rejection, endorse the rejection on the application and return it, together with a copy of the written statement prepared by the county board stating the reasons for rejection to the applicant. The rejected application and written statement must be sent to the owner by certified mail at the address given in the application.

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(b) If the application is disapproved as to only a part of the lands described, the county auditor shall notify the applicant in the same manner as if the application were rejected. The applicant may amend the application within 60 days after the notice is mailed. If it is not amended, the application is deemed rejected.

(c) If the county board ~~shall determine~~ determines that the land proposed to be withdrawn is needed and is suitable for the purposes set forth in the application, and that the remaining land in the auxiliary forest is suitable and sufficient for the purposes ~~thereof~~ of the auxiliary forest as provided by law, the board may, in its discretion, grant the application, subject to the approval of the commissioner. Upon such approval ~~a supplemental contract evidencing the withdrawal shall be executed, filed, and recorded or registered as the case may require, in like manner as an original auxiliary forest contract. Thereupon~~ by both the county board and the commissioner, the county auditor shall notify the applicant and the commissioner. Upon notice from the county auditor, the commissioner shall cause to be prepared a supplemental contract executed by the commissioner on behalf of the state and by the owner of the fee title or the holder of a state deed and by all other persons having any liens on the land and witnessed and acknowledged as provided by law for the execution of recordable deeds of conveyance. Notices sent by certified mail to the owner in fee at the address given in the application is deemed notice to all persons executing the supplemental contract. The supplemental contract must be prepared by the director of the Division of Forestry on a recordable form approved by an attorney appointed by the commissioner. Every supplemental contract must be approved by the Executive Council. The commissioner shall submit the supplemental contract to the owner of the land. If the owner indicates to the commissioner an unwillingness to execute the supplemental contract, or if the owner or any of the persons with an interest in the land or a lien upon the land fail to execute the contract within 60 days from the time of submission of the contract to the owner for execution, all proceedings relating back to the withdrawal of the land from an auxiliary forest shall be at an end. When the supplemental contract is executed, it must be recorded in the office of the county recorder at the expense of the owner or, if the title to the land is registered, the supplemental contract must be recorded with the registrar of titles. At the time the contract is recorded with the county recorder, the owner, at the owner's expense, shall record with the county recorder a certificate from the county attorney to the effect that no change in record title to the land has occurred, that no liens or other encumbrances have been placed on the land, and that no taxes have accrued on the land since the making of the previous certificate. The county attorney must furnish this certificate without further compensation. Upon execution and recording of the supplemental contract, the land described in the supplemental contract ~~shall cease~~ that is to be withdrawn from the auxiliary forest ceases to be part of the auxiliary forest, and~~, together with the timber thereon, shall be~~ the owner is liable to taxes and assessments of the withdrawn portion together with the timber on the withdrawn portion in like manner as upon cancellation of an auxiliary forest contract.

Sec. 35. Minnesota Statutes 2014, section 88.49, subdivision 11, is amended to read:

Subd. 11. Auxiliary forests; transfer of title; procedure on division. The title to the land in an auxiliary forest or any part ~~thereof~~ of an auxiliary forest is subject to transfer in the same manner as the title to other real estate, subject to the auxiliary forest contract ~~therefor~~ and to applicable provisions of law. ~~In case~~ If the ownership of ~~such a~~ an auxiliary forest is divided into two or more parts by any transfer or transfers of title and the owners of all ~~such~~ the parts desire to have the ~~same~~ parts made separate auxiliary forests, ~~they~~ the owners may join in a verified application ~~therefor~~ to the county board of the county in which the forest is situated in a form prescribed by the commissioner of natural resources. If the county board determines that each of the parts into which the forest has been divided is suitable and sufficient for a separate auxiliary forest as provided by law, it may~~, in its discretion,~~ grant the application, subject to the approval of the commissioner. Upon ~~such~~ approval, the commissioner shall prepare a new auxiliary forest contract for each part transferred, with like provisions and for the remainder of the same term as the prior contract in force for the entire forest at the time of the transfer, and shall also prepare a modification of ~~such~~ the prior contract, eliminating ~~therefrom~~ the part or parts of the land transferred but otherwise leaving the remaining land subject to all the provisions of ~~such~~ the contract. The new contract or contracts and modification of the prior contract ~~shall~~ must be executed and otherwise dealt with in like manner as provided for ~~an original~~ a supplemental auxiliary forest contract in subdivision 9, but no such instrument ~~shall~~ must take effect until

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all of them~~, covering together all parts of the forest existing before the transfer,~~ have been executed, filed, and recorded or registered~~, as the case may require~~. ~~Upon the taking effect of~~ When all ~~such~~ the instruments take effect, the owner of the forest prior to the transfer ~~shall be~~ is divested of all rights and relieved from all liabilities under the contract then in force with respect to the parts transferred except ~~such~~ those as may have existed or accrued at the time of the taking effect of such instruments, and thereafter the several tracts into which the forest has been divided and the respective owners thereof ~~shall be~~ are subject to the new contract or contracts or the modified prior contract relating thereto, as the case may be, as provided for an original auxiliary forest contract. The provisions of this subdivision shall not supersede or affect the application of any other provision of law to any auxiliary forest which is divided by transfer of title unless the procedure herein authorized is fully consummated.

Sec. 36. Minnesota Statutes 2014, section 88.491, subdivision 2, is amended to read:

Subd. 2. Effect of expired contract. When auxiliary forest contracts expire, or prior to expiration by mutual agreement between the ~~land owner~~ landowner and the appropriate county office, the lands previously covered by an auxiliary forest contract automatically qualify for inclusion under the provisions of the Sustainable Forest Incentive Act; provided that when such lands are included in the Sustainable Forest Incentive Act prior to expiration of the auxiliary forest contract, they will be transferred and a tax paid as provided in section 88.49, subdivision 5, upon application and inclusion in the sustainable forest incentive program. The ~~land owner~~ landowner shall pay taxes in an amount equal to the difference between:

(1) the sum of:

(i) the amount which would have been paid from the date of the recording of the contract had the land under contract been subject to the Minnesota Tree Growth Tax Law; plus

(ii) beginning with taxes payable in 2003, the taxes that would have been paid if the land had been enrolled in the sustainable forest incentive program; and

(2) the amount actually paid under section 88.51, ~~subdivisions~~ subdivision 1, and Minnesota Statutes 2014, section 88.51, subdivision 2.

Sec. 37. Minnesota Statutes 2014, section 88.50, is amended to read:

88.50 TAXATION.

Every auxiliary forest in this state ~~shall~~ must be taxed ~~in the manner and to the extent hereinafter provided~~ according to sections 88.49 to 88.53 and not otherwise. Except as expressly permitted by sections ~~88.47~~ 88.49 to 88.53, no auxiliary forest shall be taxed for, or ~~in any manner,~~ directly or indirectly made to contribute to, or become liable for the payment of, any tax or assessment, general or special, or any bond, certificate of indebtedness, or other public obligation of any name or kind, made, issued, or created subsequent to the filing of the contract creating the auxiliary forest, provided that temporary buildings, structures, or other fixtures ~~of whatsoever kind~~ located upon land within an auxiliary forest shall be valued and assessed as personal property and classified as class 3 under the general system of ad valorem taxation. In any proceeding for the making of a special improvement under the laws of this state by which any auxiliary forest will be benefited, the owner ~~thereof~~ may subject the lands ~~therein~~ to assessment ~~therefor~~ in the manner provided by law, by filing the owner's written consent ~~in writing~~ to the ~~making of the~~ assessment in the tribunal in which the proceeding is pending~~, whereupon~~. The lands shall for the purposes of the improvement and assessment not be treated as lands ~~not~~ in an auxiliary forest; but the lien of any assessment so levied on lands in any auxiliary forest ~~shall be~~ is subject to the provisions of the contract creating the auxiliary forest and subordinate to the lien of any tax imposed under the provisions of sections ~~88.47~~ 88.49 to 88.53.

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Sec. 38. Minnesota Statutes 2014, section 88.51, subdivision 1, is amended to read:

Subdivision 1. Annual tax, ten cents per acre. (a) From and after the filing of the contract creating any tract of land an auxiliary forest under sections ~~88.47~~ 88.49 to 88.53 and hereafter upon any tract heretofore created as an auxiliary forest, the surface of the land ~~therein~~, exclusive of mineral or anything of value thereunder, ~~shall~~ must be taxed annually at the rate of 10 cents per acre. This tax ~~shall~~ must be levied and collected, and the payment ~~thereof~~ of the tax, with penalties and interest, enforced in the same manner as other taxes on real estate, and ~~shall~~ must be credited to the funds of the taxing districts affected in the proportion of their interest in the taxes on this land if it had not been so made an auxiliary forest; provided, that such tax ~~shall be~~ is due in full on or before May 31, after the levy thereof. Failure to pay when due any tax so levied ~~shall be~~ is cause for cancellation of the contract.

(b) The levy upon the land of the taxes provided for by section 88.49, subdivision 5, upon the cancellation of a contract, ~~shall discharge and annul~~ discharges and annuls all unpaid taxes levied or assessed ~~thereon~~ on the land.

Sec. 39. Minnesota Statutes 2014, section 88.51, subdivision 3, is amended to read:

Subd. 3. Determination of estimated market value. In determining the net tax capacity of property within any taxing district, the value of the surface of lands within any auxiliary forest ~~therein~~ in the taxing district, as determined by the county board ~~under the provisions of section 88.48, subdivision 3~~, shall, for all purposes except the levying of taxes on lands within any such forest, be deemed the estimated market value ~~thereof~~ of those surface lands.

Sec. 40. Minnesota Statutes 2014, section 88.52, subdivision 2, is amended to read:

Subd. 2. Examination, report. When any timber growing or standing in any auxiliary forest ~~shall have become~~ is suitable for merchantable forest products, the commissioner shall, at the written request of the owner, a copy of which shall at the time be filed in the office of the county auditor, make an examination of the timber and designate for the owner the kind and number of trees most suitable to be cut if in the judgment of the commissioner ~~there be any, and~~. The cutting and removal of ~~these~~ designated trees ~~so designated shall~~ must be in accordance with the instructions of the commissioner. The commissioner shall inspect the cutting or removal and determine whether it or the manner of its performance constitute a violation of the terms of the contract creating the auxiliary forest or of the ~~laws~~ applicable ~~thereto~~ laws, or of the instructions of the commissioner relative to the cutting and removal. Any such violation ~~shall be~~ is ground for cancellation of the contract by the commissioner; otherwise the contract ~~shall continue~~ continues in force for the remainder of the period ~~therein~~ stated in the contract, regardless of the cutting and removal. Within 90 days after the completion of any cutting or removal operation, the commissioner shall make a report of findings ~~thereon~~ and transmit copies of ~~such~~ the report to the county auditor and the surveyor general.

Sec. 41. Minnesota Statutes 2014, section 88.52, subdivision 3, is amended to read:

Subd. 3. Kinds, permit, scale report, assessment and payment of tax. (a) Upon ~~the~~ filing of the owner's written request ~~of the owner~~ as provided in subdivision 2, the director of ~~lands and~~ forestry, with the county board or the county land commissioner, shall determine within 30 days the kinds, quantities, and value on the stump of the timber proposed to be cut.

Before the cutting is to begin, the director of ~~lands and~~ forestry shall file with the county auditor a report showing the kinds, quantities, and value of the timber proposed to be cut or removed and approved by the director of ~~lands and~~ forestry for cutting within two years after the date of approval of the report by the director of ~~lands and~~ forestry. The county auditor shall assess and levy the estimated yield tax thereon, make proper record of this assessment and levy in the auditor's office, and notify the owner of the auxiliary forest of the tax amount ~~thereof~~. The owner shall, before any timber in the forest is cut or removed, give a bond payable to the state of Minnesota, or ~~in lieu thereof,~~ a deposit in cash with the county treasurer, in the amount required by the report, ~~which shall be~~ and not less than 150 percent of the amount of the levy, conditioned for the payment of all taxes on the timber to be cut

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or removed. Upon receipt of notification from the county auditor that the bond or cash requirement has been deposited, the director of ~~lands and~~ forestry will issue a cutting permit in accordance with the report. The owner shall keep an accurate count or scale of all timber cut. On or before ~~the fifteenth day of~~ April 15 following issuance of ~~such~~ the cutting permit, and on or before ~~the fifteenth day of~~ April 15 of each succeeding year in which any merchantable wood products were cut on auxiliary forest lands prior to the termination of ~~such~~ the permit, the owner of the timber covered by the permit shall file with the director of ~~lands and~~ forestry a sworn statement, submitted in duplicate, on a form prepared by the director of ~~lands and~~ forestry, one copy of which ~~shall~~ must be transmitted to the county auditor, specifying the quantity and value of each variety of timber and kind of product cut during the preceding year ending on March 31, as shown by the scale or measurement ~~thereof~~ made on the ground as cut, skidded, or loaded as the case may be. If no such scale or measurement ~~shall have been~~ was made on the ground, an estimate ~~thereof shall~~ must be made and ~~such estimate~~ corrected by the first scale or measurement, made in the due course of business~~, and such~~. The correction must at once be filed with the director of ~~lands and~~ forestry who shall immediately transmit it to the county auditor. On or before ~~the fifteenth day of~~ May 15 following the filing of the sworn statement covering the quantity and value of timber cut under an authorized permit, the auditor shall assess and levy a yield (severance) tax, according to Minnesota Statutes 2014, section 88.51, subdivision 2, of the timber cut during the year ending on ~~the~~ March ~~31st~~ 31 preceding the date of assessing and levying this tax. This tax is payable and must be paid to the county treasurer on or before the following May 31 ~~next following~~. Copies of the yield (severance) tax assessment and of the yield (severance) tax payment ~~shall~~ must be filed with the director of ~~lands and~~ forestry and the county auditor. Except as otherwise provided, all yield (severance) taxes herein provided for ~~shall~~ must be levied and collected, and payment ~~thereof~~, with penalties and interest, enforced in the same manner as taxes imposed under ~~the provisions of~~ section 88.51, subdivision 1, and ~~shall~~ must be credited to the funds of the taxing districts affected in the proportion of their interests in the taxes on the land producing the yield (severance) tax. ~~At any time~~ On deeming it necessary, the director of ~~lands and~~ forestry may order an inspection of any or all cutting areas within an auxiliary forest and ~~also~~ may require the owner of the auxiliary forest to produce for inspection by the director of ~~lands and~~ forestry of any or all cutting records pertaining to timber cutting operations within an auxiliary forest for the purpose of determining the accuracy of scale or measurement reports, and if intentional error in scale or measurement reports is found to exist, shall levy and assess a tax triple the yield (severance) tax on the stumpage value of the timber cut in excess of the quantity and value reported.

(b) The following alternative method of assessing and paying annually the yield tax on an auxiliary forest is to be available to an auxiliary forest owner upon application and upon approval of the county board of the county within which the auxiliary forest is located.

For auxiliary forests entered under this ~~subdivision~~ paragraph, the county auditor shall assess and levy the yield tax by multiplying the acreage of each legal description included within the auxiliary forest by the acre quantity of the annual growth by species, calculated in cords, or in thousands of feet board measure Minnesota standard log scale rule, whichever is more reasonably usable, for the major species found in each type by the from year-to-year appraised stumpage prices for each of these species, used by the Division of ~~Lands and~~ Forestry, Department of Natural Resources, in selling trust fund timber located within the district in which the auxiliary forest is located. The assessed value of the annual growth of the auxiliary forest, thus determined, ~~shall be~~ is subject to a ten percent of stumpage value yield tax, payable annually on or before May 31. In all other respects the assessment, levying and collection of the yield tax, as provided for in this subdivision ~~shall~~ must follow the procedures specified in ~~clause~~ paragraph (a).

Forest owners operating under this ~~subdivision shall be~~ paragraph are subject to all other provisions of the auxiliary forest law except ~~such~~ the provisions of ~~clause~~ paragraph (a) as that are in conflict with this ~~subdivision~~ paragraph. Penalties for intentional failure by the owner to report properly the quantity and value of the annual growth upon an auxiliary forest entered under this ~~subdivision~~ paragraph and for failure to pay the yield tax when due ~~shall be~~ are the same as the penalties specified in other subdivisions of this law for like failure to abide by its provisions.

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To qualify for the assessment and levying of the yield tax by this method, the owner of the forest requesting this method of taxation must submit a map or maps and a tabulation in acres and in quantity of growth by legal descriptions showing the division of the area covered by the auxiliary forest for which this method of taxation is requested into the following forest types, namely: white and ~~Norway~~ red pine; jack pine; aspen-birch; spruce-balsam fir; ~~swamp~~ black spruce; tamarack; cedar; upland hardwoods; lowland hardwoods; upland brush and grass (temporarily nonproductive); lowland brush (temporarily nonproductive); and permanently nonproductive (open bogs, stagnant swamps, rock outcrops, flowage, etc.). Definition of these types and determination of the average rate or rates of growth (in cords or thousand feet, board measure, Minnesota standard log scale rule, ~~which ever~~ whichever is more logically applicable for each of them) ~~shall~~ must be made by the director of the Division of ~~Lands and~~ Forestry, Minnesota Department of Natural Resources, with the advice and assistance of the land commissioner of the county in which the auxiliary forest is located; the director of the United States Forest Service's North Central Forest Experiment Station; and the director of the School of Forestry, University of Minnesota. Before the approval of the application of the owner of an auxiliary forest to have the auxiliary ~~or proposed auxiliary~~ forest taxed under provisions of this ~~subdivision~~ paragraph is submitted to the county board, the distribution between types of the area as shown on the maps and in the tabulations submitted by the owner of the auxiliary ~~or proposed auxiliary~~ forest ~~shall~~ must be examined and their accuracy determined by the director of the Division of ~~Lands and~~ Forestry, Department of Natural Resources, with the assistance of the county board of the county in which the auxiliary forest is located.

During the life of the auxiliary forest, contract timber cutting operations within the various types shown upon the type map accepted as a part of the approved auxiliary forest application ~~shall~~ do not bring about a reclassification of the forest types shown upon that map or those maps until after the passage of ten years following the termination of ~~said~~ the timber cutting operations and then only upon proof of a change in type.

Sec. 42. Minnesota Statutes 2014, section 88.52, subdivision 4, is amended to read:

Subd. 4. Hearing, procedure. The owner of any land or timber upon which a yield tax is assessed and levied as provided in this section may, within 15 days after mailing of notice of the amount of the tax, file with the county auditor a demand for hearing ~~thereon~~ on the tax before the county board. The county auditor shall thereupon fix a date of hearing, which ~~shall~~ must be held within 30 days after the filing of the demand, and mail to the owner notice of the time and place of the hearing. The owner may appear at the meeting and present evidence and argument as to the amount of the tax and as to any related matter ~~relating thereto~~. The county board shall ~~thereupon~~ determine whether the tax as levied is proper in amount and make its order ~~thereon~~. The county auditor shall ~~forthwith~~ mail to the owner a notice of the order. If the amount of the tax is increased or reduced by the order, the county auditor shall make a supplemental assessment and levy ~~thereof~~, as in this subdivision provided.

Sec. 43. Minnesota Statutes 2014, section 88.52, subdivision 5, is amended to read:

Subd. 5. Yield tax, a prior lien. Throughout the life of any ~~such~~ auxiliary forest, the ~~yield tax~~ accruing ~~thereon shall constitute and be~~ yield tax constitutes and is a first and prior lien upon all the merchantable timber and forest products growing or grown thereon; and, if not paid when due, this yield tax, together with penalties and interest ~~thereon~~ as otherwise provided by law and all expenses of collecting same, ~~shall continue~~ continues to be a lien upon the timber and forest products ~~and every part and parcel thereof wherever the same may be or~~ however much changed in form or otherwise improved until the yield tax is fully paid. ~~Such~~ The lien may be foreclosed and the property subject ~~thereto~~ to the lien dealt with by action in the name of the state, brought by the county attorney at the request of the county auditor.

Sec. 44. Minnesota Statutes 2014, section 88.52, subdivision 6, is amended to read:

Subd. 6. Timber held exempt from yield tax. Timber cut from an auxiliary forest by an owner and used by the owner for fuel, fencing, or building on land occupied by the owner which is within or contiguous to the auxiliary forest where cut ~~shall be~~ is exempt from the yield tax, and, as to timber so cut and used, the requirements of

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subdivisions 1 and 2 ~~shall~~ do not ~~be applicable and in lieu thereof~~ apply. The owner shall, prior to cutting, file with the county auditor, on a form prepared by the commissioner, a statement showing the quantity of each kind of forest products proposed to be cut and the purposes for which the ~~same~~ the products will be used.

Sec. 45. Minnesota Statutes 2014, section 88.523, is amended to read:

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS.

Upon application of the owner, any auxiliary forest contract ~~heretofore or hereafter executed~~ may be made subject to any provisions of law enacted subsequent to the execution of the contract and in force at the time of application, so far as not already applicable, with the approval of the county board and the commissioner of natural resources. ~~As evidence thereof~~ A supplemental agreement in a form prescribed by the commissioner and approved by the attorney general ~~shall~~ must be executed by the commissioner in behalf of the state and by the owner. ~~Such~~ The supplemental agreement ~~shall~~ must be filed and recorded in like manner as the ~~original~~ supplemental contract under section 88.49, subdivision 9, and ~~shall thereupon take~~ takes effect upon filing and recording.

Sec. 46. Minnesota Statutes 2014, section 88.53, subdivision 1, is amended to read:

Subdivision 1. Time for disposal. Any corporation, association, or organization may acquire and hold any amount of land without restriction and without limit as to acreage or quantity for the purpose of including same within and holding same as an auxiliary forest under the provisions of sections 88.47 to 88.53. When ~~the same shall cease~~ land ceases to be an auxiliary forest, the owners ~~shall~~ have five years within which to dispose of the land, any provisions of general law to the contrary notwithstanding.

Sec. 47. Minnesota Statutes 2014, section 88.53, subdivision 2, is amended to read:

Subd. 2. Rules. The director shall make rules and adopt and prescribe such forms and procedure as ~~shall be~~ is necessary in carrying out the provisions of sections ~~88.47~~ 88.49 to 88.53; and the director and every county board, county recorder, registrar of titles, assessor, tax collector, and every other person in official authority having any duties to perform under or growing out of sections ~~88.47~~ 88.49 to 88.53 are hereby severally vested with full power and authority to enforce such rules, employ help and assistance, acquire and use equipment and supplies, or do any other act or thing reasonably necessary to the proper performance of duties under or arising from the administration and enforcement of sections ~~88.47~~ 88.49 to 88.53. ~~It shall be the duty of~~ The director to must cause periodic inspections to be made of all auxiliary forests for the purpose of determining whether relative contract and statutory provisions ~~relative thereto~~ are being complied with.

Sec. 48. Minnesota Statutes 2014, section 88.6435, subdivision 4, is amended to read:

Subd. 4. Forest bough account; disposition of fees. (a) The forest bough account is established in the state treasury within the natural resources fund.

(b) Fees for permits issued under this section ~~shall~~ must be deposited in the state treasury and credited to the forest bough account and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, are annually appropriated to the commissioner of natural resources for costs associated with ~~balsam bough educational~~ special forest product information and education programs for harvesters and buyers.

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Sec. 49. Minnesota Statutes 2014, section 103G.271, subdivision 5, is amended to read:

Subd. 5. Prohibition on once-through water use permits. (a) Except as provided in paragraph (c), the commissioner may not issue a water use permit to increase the volume of appropriation from a groundwater source for a once-through cooling system.

(b) Except as provided in paragraph (c), once-through system water use permits using in excess of 5,000,000 gallons annually must be terminated by the commissioner, unless the discharge is into a public water basin within a nature preserve approved by the commissioner and established prior to January 1, 2001. The commissioner may issue a permit for a system in existence prior to January 1, 2015, for up to 5,000,000 gallons annually. Existing once-through systems must not be expanded and are required to convert to water efficient alternatives within the design life of existing equipment.

(c) Notwithstanding paragraphs (a) and (b), the commissioner, with the approval of the commissioners of health and the Pollution Control Agency, may issue once-through system water use permits on an annual basis for groundwater thermal exchange devices or aquifer storage and recovery systems that return all once-through system water to the source aquifer. Water use permit processing fees in subdivision 6, paragraph (a), apply to all water withdrawals under this paragraph, including any reuse of water returned to the source aquifer.

Sec. 50. Minnesota Statutes 2014, section 103G.271, subdivision 6a, is amended to read:

Subd. 6a. Payment of fees for past unpermitted appropriations. An entity that appropriates water without a required permit under subdivision 1 must pay the applicable water use permit processing fee specified in subdivision 6 for the period during which the unpermitted appropriation occurred. The fees for unpermitted appropriations are required for the previous seven calendar years after being notified of the need for a permit. This fee is in addition to any other fee or penalty assessed. The commissioner may waive payment of fees for past unpermitted appropriations for a residential system permitted under subdivision 5, paragraph (b).

Sec. 51. Minnesota Statutes 2014, section 282.011, subdivision 3, is amended to read:

Subd. 3. Title examination. The commissioner of revenue shall, if requested by the purchaser or the county attorney of the county where all or a portion of the land is situated, deliver the deed to the county attorney for use under Minnesota Statutes 2014, section 88.48, subdivision 5, but such delivery shall not be considered delivery to the purchaser. The county attorney shall be instructed when taking the transferral of the deed that said deed shall not be delivered to the purchaser unless the land involved is accepted as and placed into an auxiliary forest.

Sec. 52. ALL-TERRAIN VEHICLE REGISTRATION TRANSITION.

(a) A person must have an unexpired class 1 or class 2 all-terrain vehicle or off-road vehicle registration and may continue to display the unexpired class 1 or class 2 all-terrain vehicle or off-road vehicle registration until the electronic licensing system has been upgraded to conform with the amendments to Minnesota Statutes, section 84.92, under this act.

(b) When the electronic licensing system has been upgraded, a person who possesses an unexpired class 1 or class 2 all-terrain vehicle or off-road vehicle registration may continue to display that unexpired class 1 or class 2 all-terrain vehicle or off-road vehicle registration until the class 1 or class 2 all-terrain vehicle or off-road vehicle registration is renewed, transferred, or replacement registration is applied for.

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Sec. 53. BASE FUNDING REALLOCATION.

(a) $225,000 of the base funding in fiscal year 2016 to the commissioner of natural resources from the off-road vehicle account in the natural resources fund is for grants-in-aid under Minnesota Statutes, section 84.803, in addition to any other amount appropriated for that purpose. This amount is redistributed from the allocation for the following purposes and is not an increase in base funding:

(1) $150,000 is redistributed from the amount allocated in fiscal year 2014 for enforcement purposes; and

(2) $75,000 is redistributed from the amount allocated in fiscal year 2014 for parks and trails management purposes.

(b) $75,000 of the base funding in fiscal year 2016 to the commissioner of natural resources from the off-road vehicle account in the natural resources fund is redistributed from the amount allocated in fiscal year 2014 for parks and trails management purposes to fund a new full-time employee position in northern Minnesota to work in conjunction with the Minnesota Four-Wheel Drive Association to address acquisition and development of off-road vehicle use areas and other issues related to off-road vehicle activities. This amount is not an increase in base funding.

Sec. 54. REVISOR'S INSTRUCTION.

The revisor of statutes shall delete the range reference "88.47 to 88.53" wherever it appears in Minnesota Statutes and Minnesota Rules and insert "88.49 to 88.53."

Sec. 55. REPEALER.

Minnesota Statutes 2014, sections 88.47; 88.48; 88.49, subdivisions 1, 2, and 10; 88.491, subdivision 1; 88.51, subdivision 2; and 282.013, are repealed."

Delete the title and insert:

"A bill for an act relating to natural resources; modifying invasive species provisions; providing for temporary water surface use controls in construction areas; modifying state parks and trails provisions; modifying requirements for fire training; modifying auxiliary forest provisions; modifying forest bough account; modifying recreational vehicle provisions; providing for review of certain grant-in-aid applications; modifying authority to issue water use permits; amending Minnesota Statutes 2014, sections 84.788, subdivision 5, by adding a subdivision; 84.84; 84.92, subdivisions 8, 9, 10; 84.922, subdivision 4; 84.9256, subdivision 1; 84.928, subdivision 1; 84D.01, subdivisions 13, 15, 17, 18; 84D.03, subdivision 3; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12, subdivisions 1, 3; 84D.15, subdivision 3; 85.015, subdivision 28, by adding a subdivision; 85.054, subdivision 12; 86B.201, by adding a subdivision; 88.17, subdivision 3; 88.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; 88.491, subdivision 2; 88.50; 88.51, subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; 88.523; 88.53, subdivisions 1, 2; 88.6435, subdivision 4; 103G.271, subdivisions 5, 6a; 282.011, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; 85; repealing Minnesota Statutes 2014, sections 88.47; 88.48; 88.49, subdivisions 1, 2, 10; 88.491, subdivision 1; 88.51, subdivision 2; 282.013."

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

The report was adopted.

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

H. F. No. 1365, A bill for an act relating to elections; changing the date of the state primary from August to June; changing the date of primary elections conducted by a political subdivision in certain circumstances; amending Minnesota Statutes 2014, sections 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204D.03, subdivision 1; 204D.09, subdivision 1; 204D.28, subdivision 5; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2.

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

The report was adopted.

Erickson from the Committee on Education Innovation Policy to which was referred:

H. F. No. 1368, A bill for an act relating to taxation; income; prekindergarten educational programs; providing a tax credit for contributions to qualified foundations; amending Minnesota Statutes 2014, section 290.01, subdivisions 19a, 19c; proposing coding for new law in Minnesota Statutes, chapter 290.

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

The report was adopted.

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

H. F. No. 1394, A bill for an act relating to environment; modifying the duties of the Minnesota Pollution Control Agency Citizens' Board; amending Minnesota Statutes 2014, sections 116.02; 116.03, subdivision 1; repealing Minnesota Statutes 2014, section 116.02, subdivisions 7, 8, 10.

Reported the same back with the following amendments:

Page 1, line 13, strike everything after the period

Page 1, strike line 14

Page 1, line 24, after the period, insert "One of the members shall have expertise in agriculture, one of the members shall have expertise in forestry, one of the members shall have expertise in mining, and one of the members shall be a representative of organized labor. No more than one-half of the Minnesota Pollution Control Agency Citizens' Board membership may reside in the metropolitan area, as defined in section 473.121, subdivision 2."

Page 4, line 24, after "submitted" insert "to the Minnesota Pollution Control Agency Citizens' Board"

Page 5, line 9, after "Agency" insert "Citizens' Board"

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

The report was adopted.

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Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:

H. F. No. 1406, A bill for an act relating to natural resources; modifying certain authorities; extending expiration of citizen oversight committees; providing for compliance with federal law; modifying enforcement provisions; modifying provisions to take, possess, and transport wild animals; providing for certain licenses; modifying landowner's bill of rights; providing criminal penalties; requiring rulemaking; amending Minnesota Statutes 2014, sections 84.027, subdivision 13a; 84.0274, subdivisions 3, 5; 84D.03, subdivision 3; 97A.045, subdivision 11; 97A.055, subdivision 4b; 97A.057, subdivision 1; 97A.211, subdivisions 1, 2; 97A.255, subdivision 4; 97A.425, subdivisions 1, 2; 97A.435, subdivision 4; 97A.475, subdivision 21, by adding a subdivision; 97B.001, subdivision 7; 97B.081, subdivision 3; 97B.085, subdivision 2; 97B.668; 97B.701, by adding a subdivision; 97B.905, subdivision 1; 97B.931, subdivision 2; 97C.005, subdivision 3; 97C.301, by adding a subdivision; 97C.345, by adding a subdivision; 97C.501, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 97A; 97B; repealing Minnesota Statutes 2014, sections 97A.475, subdivision 25; 97B.905, subdivision 3; Minnesota Rules, part 6264.0400, subparts 27, 28.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2014, section 84D.03, subdivision 3, is amended to read:

(1) commercial taking of wild animals for bait and aquatic farm purposes ~~according to~~ as provided in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

~~(ii)~~ (2) fish taken under this ~~clause~~ paragraph may not be transported live from or off the water body;

~~(iii)~~ (3) fish harvested under this ~~clause~~ paragraph may only be used in accordance with this section;

~~(iv)~~ (4) any other use of wild animals used for bait from infested waters is prohibited;

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~~(v)~~ (5) fish taken under this ~~clause~~ paragraph must meet all other size restrictions and requirements as established in rules; and

~~(vi)~~ (6) all species listed under this ~~clause~~ paragraph shall be included in the person's daily limit as established in rules, if applicable.

(d) In the Mississippi River downstream of St. Anthony Falls and the St. Croix River downstream of the dam at Taylors Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for angling, as provided in a permit issued under section 84D.11, is allowed as follows:

(1) nontarget species must immediately be returned to the water;

(2) gizzard shad taken under this paragraph must be used on the same body of water where caught and while still on that water body. Where the river is divided by barriers such as dams, the gizzard shad must be caught and used on the same section of the river;

(3) gizzard shad taken under this paragraph may not be transported off the water body; and

(4) gizzard shad harvested under this paragraph may only be used in accordance with this section.

This paragraph expires December 1, 2017.

~~(c)~~ (e) Equipment authorized for minnow harvest in a listed infested water by permit issued under paragraph (b) may not be transported to, or used in, any waters other than waters specified in the permit.

Sec. 2. Minnesota Statutes 2014, section 86B.201, is amended by adding a subdivision to read:

Sec. 3. Minnesota Statutes 2014, section 86B.313, subdivision 1, is amended to read:

Subdivision 1. General requirements. (a) In addition to requirements of other laws relating to watercraft, a person may not operate or permit the operation of a personal watercraft:

(1) without each person on board the personal watercraft wearing a United States Coast Guard (USCG) approved ~~Type I, II, III, or V~~ wearable personal flotation device with a USCG label indicating it either is approved for or does not prohibit use with personal watercraft or water skiing;

(2) between one hour before sunset and 9:30 a.m.;

(3) at greater than slow-no wake speed within 150 feet of:

(i) a shoreline;

(ii) a dock;

(iii) a swimmer;

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(iv) a raft used for swimming or diving; or

(v) a moored, anchored, or nonmotorized watercraft;

(4) while towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless:

(i) an observer is on board; or

(ii) the personal watercraft is equipped with factory-installed or factory-specified accessory mirrors that give the operator a wide field of vision to the rear;

(5) without the lanyard-type engine cutoff switch being attached to the person, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;

(6) if any part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;

(7) to chase or harass wildlife;

(8) through emergent or floating vegetation at other than a slow-no wake speed;

(9) in a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within 150 feet of the other watercraft, or operating the watercraft while facing backwards;

(10) in any other manner that is not reasonable and prudent; or

(11) without a personal watercraft rules decal, issued by the commissioner, attached to the personal watercraft so as to be in full view of the operator.

(b) Paragraph (a), clause (3), does not apply to a person operating a personal watercraft to launch or land a person on water skis, a kneeboard, or similar device by the most direct route to open water.

Sec. 4. Minnesota Statutes 2014, section 86B.313, subdivision 4, is amended to read:

Subd. 4. Dealers and rental operations. (a) A dealer of personal watercraft shall distribute a summary of the laws and rules governing the operation of personal watercraft and, upon request, shall provide instruction to a purchaser regarding:

(1) the laws and rules governing personal watercraft; and

(2) the safe operation of personal watercraft.

(b) A person who offers personal watercraft for rent:

(1) shall provide a summary of the laws and rules governing the operation of personal watercraft and provide instruction regarding the laws and rules and the safe operation of personal watercraft to each person renting a personal watercraft;

(2) shall provide a United States Coast Guard (USCG) approved ~~Type I, II, III, or V~~ wearable personal flotation device with a USCG label indicating it either is approved for or does not prohibit use with personal watercraft or water skiing and any other required safety equipment to all persons who rent a personal watercraft at no additional cost; and

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(3) shall require that a watercraft operator's permit from this state or from the operator's state of residence be shown each time a personal watercraft is rented to any person younger than age 18 and shall record the permit on the form provided by the commissioner.

(c) Each dealer of personal watercraft or person offering personal watercraft for rent shall have the person who purchases or rents a personal watercraft sign a form provided by the commissioner acknowledging that the purchaser or renter has been provided a copy of the laws and rules regarding personal watercraft operation and has read them. The form must be retained by the dealer or person offering personal watercraft for rent for a period of six months following the date of signature and must be made available for inspection by sheriff's deputies or conservation officers during normal business hours.

Sec. 5. Minnesota Statutes 2014, section 86B.315, is amended to read:

86B.315 TOWING PERSON ON WATER SKIS OR OTHER DEVICE.

Subdivision 1. Observer or mirror required. A person may not operate a watercraft on waters of this state and create a wake for a wake surfer or tow a person on water skis, an aquaplane, a surfboard, a saucer, or a similar device unless:

(1) there is another person in the watercraft in addition to the operator who is in a position to continually observe the person being towed; or

(2) the boat is equipped with a mirror providing the operator a wide field of vision to the rear.

Subd. 2. Prohibited night ~~skiing or towing prohibited~~ activities. On waters of this state, from one-half hour after sunset to sunrise of the following day, a person may not:

(1) wake surf;

(2) operate a watercraft creating a wake for a wake surfer;

(3) be towed by a watercraft; or

(4) operate a watercraft towing a person on water skis, an aquaplane, a surfboard, a saucer, or another device ~~on waters of this state from one hour after sunset to sunrise of the following day~~.

Sec. 6. Minnesota Statutes 2014, section 97A.045, subdivision 11, is amended to read:

Subd. 11. Power to prevent or control wildlife disease. (a) If the commissioner determines that action is necessary to prevent or control a wildlife disease, the commissioner may prevent or control wildlife disease in a species of wild animal in addition to the protection provided by the game and fish laws by further limiting, closing, expanding, or opening seasons or areas of the state; by reducing or increasing limits in areas of the state; by establishing disease management zones; by authorizing free licenses; by allowing shooting from motor vehicles by persons designated by the commissioner; by issuing replacement licenses for sick animals; by requiring sample collection from hunter-harvested animals; by limiting wild animal possession, transportation, and disposition; and by restricting wildlife feeding.

(b) The commissioner shall restrict wildlife feeding within the modified accredited bovine tuberculosis zone proposed by the Board of Animal Health. In addition to any other penalties provided by law, a person who violates wildlife feeding restrictions required under this paragraph may not obtain a hunting license to take a wild animal for two years after the date of conviction.

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(c) The commissioner may prevent or control wildlife disease in a species of wild animal in the state by posting restrictions on public access to active disease areas or by emergency rule adopted under section 84.027, subdivision 13.

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

Sec. 7. Minnesota Statutes 2014, section 97A.057, subdivision 1, is amended to read:

Subdivision 1. Compliance with federal law. The commissioner shall take any action necessary to comply with the Federal Aid in Wildlife Restoration Act, United States Code, title 16, sections 669 to 669i, and the Federal Aid in Fish Restoration Act, United States Code, title 16, sections 777 to 777k. Notwithstanding section 16E.145 or any other law to the contrary, an appropriation for an information or telecommunications technology project from the game and fish fund, as established in section 97A.055, must be made to the commissioner. Any assets acquired with or expenditures made from the game and fish fund must remain under control of the commissioner.

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

Sec. 8. Minnesota Statutes 2014, section 97A.435, subdivision 4, is amended to read:

Subd. 4. Separate selection of eligible licensees. (a) The commissioner may conduct a separate selection for up to 20 percent of the turkey licenses to be issued for any area. Only persons who are owners or tenants of and who live on at least 40 acres of land in the permit area, and their family members who live on the qualifying land, are eligible applicants for turkey licenses for the separate selection. The qualifying land may be noncontiguous. Persons who are unsuccessful in a separate selection must be included in the selection for the remaining licenses. Persons who obtain a license in a separate selection must allow public turkey hunting on their land during that turkey season. A license issued under this subdivision is restricted to the permit area where the qualifying land is located.

(b) The commissioner may by rule establish criteria for determining eligible family members under this subdivision.

Sec. 9. Minnesota Statutes 2014, section 97A.465, is amended by adding a subdivision to read:

Subd. 7. Residents of veterans homes. (a) A resident from a Minnesota veterans home may obtain a firearm or muzzleloader deer license during the season and take antlerless deer without a permit in all areas of the state open during the respective regular firearms or muzzleloader deer seasons in any permit area. This subdivision does not authorize the taking of an antlerless deer by another member of a party under section 97B.301, subdivision 3, in an area closed to taking antlerless deer or where the number of antlerless deer that may be taken is limited by a quota on the number of permits.

(b) A person may assist a Minnesota veterans home resident during the firearms or muzzleloader deer season without having a deer hunting license, but the person may not shoot a deer.

Sec. 10. [97A.56] FERAL SWINE.

Subdivision 1. Definition. For purposes of this section, "feral swine" means a member of the genus and species Sus scrofa that lives in the wild.

Subd. 2. Prohibited actions; penalty. (a) A person may not possess or release feral swine or swine that were feral during any part of the swines' lifetime or allow feral swine to run at large.

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(b) A person may not hunt or trap feral swine, except as authorized by the commissioner for feral swine control or eradication.

Subd. 3. Authorized removal of feral swine. A person authorized under game and fish laws to take feral swine is not liable to the owner for the value of the animals.

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

Sec. 11. Minnesota Statutes 2014, section 97B.063, is amended to read:

97B.063 HUNTER SATISFACTION SURVEY.

The commissioner shall annually administer the collection of hunter information related to participation and satisfaction. This may include information on preferences, values, interests, participation rates and patterns, barriers to participation, or other factors. The data shall be collected using established social science methods. The commissioner shall annually submit a summary of the information gathered under this section to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources no later than January 1 for the preceding fiscal year. The commissioner shall also make the summary information available on the department's Web site.

Sec. 12. Minnesota Statutes 2014, section 97B.081, subdivision 3, is amended to read:

Subd. 3. Exceptions. (a) It is not a violation of this section for a person to:

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial light, provided that the person is:

(i) on foot;

(ii) using a shotgun;

(iii) not within a public road right-of-way;

(iv) using a handheld or electronic calling device; and

(v) not within 200 feet of a motor vehicle; or

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game animals, provided that the person is:

(i) on foot; and

(ii) not in possession of a firearm or bow.

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(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, headlight, or other artificial light to:

(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or occupation-related activities that do not involve taking wild animals; or

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to spotting, locating, or taking a wild animal.

(c) Except as otherwise provided by the game and fish laws, it is not a violation of this section for a person to use an electronic range finder device from one-half hour before sunrise until one-half hour after sunset while lawfully hunting wild animals.

(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a handheld artificial light to track or retrieve a wounded or dead bear while possessing a firearm, provided that the person:

(1) has the person's valid bear hunting license in possession;

(2) is on foot; and

(3) is following the blood trail of a bear that was shot during legal shooting hours.

Sec. 13. Minnesota Statutes 2014, section 97B.085, subdivision 2, is amended to read:

Subd. 2. Taking unprotected wild animals~~; permit required~~. A person may ~~not~~ use radio equipment to take unprotected wild animals without a permit. The commissioner may issue a permit to take unprotected animals with radio equipment. The commissioner shall cancel the permit upon receiving a valid complaint of misconduct regarding the permittee's hunting activities.

Sec. 14. Minnesota Statutes 2014, section 97B.301, is amended by adding a subdivision to read:

Subd. 9. Residents age 84 or over may take deer of either sex. A resident age 84 or over may take a deer of either sex. This subdivision does not authorize the taking of an antlerless deer by another member of a party under subdivision 3.

Sec. 15. [97B.427] FEEDING BEARS.

(a) Except as provided in sections 97B.425 and 97B.426, a person may not place, deposit, or allow the placement of feed to attract bears.

(b) If a bear is feeding on food placed by a person for storage, disposal, or feeding wildlife other than as provided in paragraph (d), clause (1), or other purpose not specifically exempt in paragraph (d), all food that is accessible to the bear must be immediately removed when the person becomes aware or is notified that a bear is feeding at the site. Feed accessible by bears and subsequently removed may not be replaced at the same site for a minimum of 30 days after removal.

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(d) It is not a violation of this section when:

(1) feed is placed solely for the purpose of attracting and feeding wild birds and small mammals and placed in bird feeding devices and structures;

(2) feed is present solely as a result of normal agricultural, forest management, or wildlife food planting practices;

(3) feed is placed for agricultural or livestock practices if livestock are present and actively consuming the feed on a daily basis or if the feed is stored consistent with normal agricultural practices; or

(4) a person is authorized to place food under a scientific, wildlife disease, or wildlife damage permit issued by the commissioner under section 97A.401.

(e) A person violating this section is guilty of a misdemeanor.

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

Sec. 16. Minnesota Statutes 2014, section 97B.668, is amended to read:

97B.668 ~~CANADA GEESE~~ GAME BIRDS CAUSING DAMAGE.

Notwithstanding sections 97B.091 and 97B.805, subdivisions 1 and 2, a person or agent of that person on lands and nonpublic waters owned or operated by the person may nonlethally scare, haze, chase, or harass ~~Canada geese~~ game birds that are causing property damage ~~from March 11 to August 31~~ at any time or place that a hunting season for the game birds is not open. This section does not apply to public waters as defined under section 103G.005, subdivision 15~~, or~~. This section does not apply to migratory waterfowl on nests and other federally protected game birds on nests, except geese on nests ~~unless~~ when a permit is obtained under section 97A.401.

Sec. 17. [97B.722] POSSESSION OF FIREARMS; HUNTING TURKEY.

(a) While afield hunting turkeys, licensees may not have in possession or control any firearm or bow and arrow except those defined as legal for taking turkeys in rules adopted by the commissioner.

(b) Paragraph (a) does not apply to a person carrying a handgun in compliance with section 624.714.

Sec. 18. [97B.9251] BEAVER SEASON.

The commissioner may establish open seasons and restrictions for taking beaver from 9:00 a.m. on the Saturday nearest October 26 in the North Zone and from 9:00 a.m. on the Saturday nearest October 30 in the South Zone. The seasons shall be open until May 15.

Sec. 19. Minnesota Statutes 2014, section 97C.345, is amended by adding a subdivision to read:

Subd. 3a. Cast nets for gizzard shad. (a) Cast nets may be used only to take gizzard shad for use as bait for angling:

(1) from July 1 to November 30; and

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(2) from the Mississippi River downstream of St. Anthony Falls and the St. Croix River downstream of the dam at Taylors Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under section 84D.03, subdivision 3.

(b) Cast nets used under this subdivision must be monofilament and may not exceed seven feet in diameter, and mesh size must be from three-eighths to five-eighths inch bar measure.

(c) This subdivision expires December 1, 2017. The commissioner must report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources by March 1, 2018, on the number of permits issued, conservation impacts from the use of cast nets, and recommendations for any necessary changes in statutes or rules.

Sec. 20. Minnesota Statutes 2014, section 97C.501, subdivision 2, is amended to read:

Subd. 2. Minnow dealers. (a) A person may not be a minnow dealer without a minnow dealer license except as provided in subdivision 3.

(b) A minnow dealer must obtain a minnow dealer's vehicle license for each motor vehicle used to transport minnows. The serial number, motor vehicle license number, make, and model must be on the license. The license must be conspicuously displayed in the vehicle.

(c) A minnow dealer may not transport minnows out of the state without an exporting minnow dealer license. A minnow dealer must obtain an exporting minnow dealer's vehicle license for each motor vehicle used to transport minnows out of the state. The serial number, motor vehicle license number, make, and model must be on the license. The license must be conspicuously displayed in the vehicle.

(d) A person with a minnow dealer's license may sell minnows at one retail outlet. A minnow dealer must obtain a minnow retailer license for each additional retail outlet operated. A minnow dealer operating a retail outlet under a minnow dealer's license must list the following information for the retail outlet: name of the business; city; state; zip code; and legal description or fire number. The retail outlet name and location may be changed by making application to the commissioner.

(e) A minnow dealer may designate employees as helpers who are authorized to take, buy, sell, and transport minnows on behalf of the minnow dealer. The employees designated as helpers must be listed on the minnow dealer's license, and a copy of the license designating the employee as a helper must be in the helper's possession when acting on behalf of the minnow dealer. The minnow dealer may add and delete helpers listed on the dealer's license within a license year by notifying the commissioner in writing of the change to the license. Employees who are acting under the direction and control of the minnow dealer but who are not designated as helpers may not buy or sell minnows on behalf of the minnow dealer. This paragraph does not apply to employees selling minnows at the retail outlet location under paragraph (d).

EFFECTIVE DATE. This section is effective March 1, 2016.

Sec. 21. RULEMAKING; LIFTING SPEARING BANS AND NORTHERN PIKE REGULATIONS.

(a) The commissioner of natural resources shall amend Minnesota Rules, parts 6262.0575, subpart 9, and 6264.0400, subparts 70 and 72, to delete the language prohibiting spearing.

(b) Notwithstanding Minnesota Statutes, section 97C.007, the commissioner of natural resources shall amend Minnesota Rules, part 6264.0400, subpart 71, to delete the language prohibiting spearing and modify the northern pike protected slot to 26 to 40 inches.

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(c) The commissioner 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.

EFFECTIVE DATE. This section is effective July 1, 2015.

Sec. 22. RULEMAKING; WATER SURFACE USE RESTRICTIONS.

(a) The commissioner of natural resources shall amend Minnesota Rules, part 6110.3700, subpart 9, to allow a longer period of temporary special controls in situations of local emergency by deleting "five" and inserting "30" and deleting "five-day" and inserting "30-day."

(b) The commissioner 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 under Minnesota Statutes, section 14.388.

Sec. 23. RULEMAKING; PERSONAL FLOTATION DEVICES.

(a) To conform with changes in federal regulation, the commissioner of natural resources shall amend Minnesota Rules, part 6110.1200, subpart 3, as follows:

(1) delete the term "Type I, II, or III" and insert "wearable";

(2) delete the term "Type IV" and insert "throwable";

(3) delete items B and D and reletter the remaining items; and

(4) insert a new item that reads:

"C. All personal flotation devices required by this subpart must be:

(1) approved by the U.S. Coast Guard;

(2) legibly marked with any requirements and the approval number issued by the U.S. Coast Guard;

(3) in serviceable condition free of tears, rot, punctures, or waterlogging, and with all straps and fasteners present and in good condition;

(4) of the appropriate size for the intended wearer, if the device is designed to be worn, and in compliance with any requirements listed on the U.S. Coast Guard approval label;

(5) for wearable devices, either readily accessible or worn, except when:

(a) devices are required to be worn to be accepted as U.S. Coast Guard-approved; or

(b) wearing a U.S. Coast Guard-approved wearable personal flotation device is mandatory; and

(6) for throwable devices, immediately available.

"Readily accessible" means easily retrievable within a reasonable amount of time in an emergency. "Immediately available" means easily reached in time of emergency. Personal flotation devices located in locked containers, under heavy objects, or left in shipping bags are not considered readily accessible or immediately available."

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Sec. 24. RULEMAKING; MOTORIZED TRAIL ENVIRONMENTAL REVIEW.

(a) The Environmental Quality Board shall amend Minnesota Rules, chapter 4410, to allow the following without preparing a mandatory environmental assessment worksheet:

(1) constructing a recreational trail less than 25 miles long on forested or other naturally vegetated land for a recreational use;

(2) adding a new motorized recreational use or a seasonal motorized recreational use to an existing motorized recreational trail if the treadway width is not expanded as a result of the added use; and

(3) designating an existing, legally constructed route, such as a logging road, for motorized recreational trail use.

(b) The board may use the good cause exemption rulemaking procedure 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 under Minnesota Statutes, section 14.388.

Sec. 25. REPEALER.

(a) Minnesota Statutes 2014, sections 97A.475, subdivision 25; and 97B.905, subdivision 3, are repealed.

(b) Minnesota Rules, part 6264.0400, subparts 27 and 28, are repealed.

EFFECTIVE DATE. Paragraph (b) is effective July 1, 2015."

Delete the title and insert:

"A bill for an act relating to natural resources; providing for temporary water surface use controls; modifying life jacket requirements; regulating wake surfing; providing for compliance with federal law; modifying provisions to take, possess, and transport wild animals; providing criminal penalties; requiring rulemaking; requiring reports; amending Minnesota Statutes 2014, sections 84D.03, subdivision 3; 86B.201, by adding a subdivision; 86B.313, subdivisions 1, 4; 86B.315; 97A.045, subdivision 11; 97A.057, subdivision 1; 97A.435, subdivision 4; 97A.465, by adding a subdivision; 97B.063; 97B.081, subdivision 3; 97B.085, subdivision 2; 97B.301, by adding a subdivision; 97B.668; 97C.345, by adding a subdivision; 97C.501, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 97A; 97B; repealing Minnesota Statutes 2014, sections 97A.475, subdivision 25; 97B.905, subdivision 3; Minnesota Rules, part 6264.0400, subparts 27, 28."

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

The report was adopted.

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Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:

H. F. No. 1429, A bill for an act relating to state lands; providing for public and private sales of certain state land.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Laws 2012, chapter 236, section 28, subdivision 6, is amended to read:

Subd. 6. Adding lands; zoning conformance. Any lands to be sold under this section must be considered lots of record for zoning purposes. Whenever possible, St. Louis County may add land, including county fee land, to the lots offered for sale to permit conformance with zoning requirements or when it is determined at the sole discretion of the county board to be in the best interest of the county. The added lands must be included in the appraised value of the lot.

Sec. 2. Laws 2013, chapter 73, section 30, is amended to read:

Sec. 30. PUBLIC OR PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; LAKE COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Lake County may sell by public or 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 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. If land described under paragraph (c) is sold by private sale, the land may be sold for less than the appraised value if the conveyance provides that the land reverts to the state if the land is not used as a data center or for another economic development purpose approved by the county. 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 riparian protection and access for anglers and for future restoration work.~~ The easement for the land described in paragraph (c), clause (1), shall be lying easterly of the centerline of the Little West Branch Knife River and lying 75 feet in width westerly of the centerline of the river to provide riparian protection and access for anglers and for management by the Department of Natural Resources, and a 66-foot strip across the easement is allowed for road access and utilities at a location agreed upon by the county and the state. The easements for the lands described in paragraph (c), clauses (2) and (3), shall be lying 75 feet in width on each side of the centerline of the unnamed creek to provide riparian protection and access for management by the Department of Natural Resources, and a ~~33-foot~~ 50-foot strip across the ~~easement~~ easements is allowed for road access and utilities at a location agreed upon by the county and the state.

(1) the Northwest Quarter of the Northeast Quarter, Section 6, Township 52 North, Range 11 West;

(2) the Northeast Quarter of the Northwest Quarter, Section 6, Township 52 North, Range 11 West; and

(3) the Northwest Quarter of the Northwest Quarter, Section 6, Township 52 North, Range 11 West.

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

Sec. 3. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; BELTRAMI COUNTY.

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

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

(1) the North 200 feet of Government Lot 6, Section 34, Township 147 North, Range 31 West (.6 acres) on Big Lake (PIN No. 43.00239.00);

(2) part of the Northwest Quarter of the Southeast Quarter, Section 16, Township 154 North, Range 30 West (2.38 acres) on the Tamarack River (PIN No. 49.00120.02);

(3) Riverside Addition Lot 001, Block 007, Section 1, Township 146 North, Range 33 West (3.23 acres) on the Mississippi River (PIN No. 80.03110.00); and

(4) all of that strip of land lying South of Mill Lot 1 of Lake Street in Lot 7, Section 1, Township 148 North, Range 32 West (0.3 acres) on Gull Lake (PIN No. 85.00053.00).

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

Sec. 4. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARLTON COUNTY.

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

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

(1) the Northeast Quarter of the Southwest Quarter, Section 25, Township 46, Range 21 (PID number 75-010-4010);

(2) the Southeast Quarter of the Southwest Quarter, Section 25, Township 46, Range 21 (PID number 75-010-4040);

(3) the Northwest Quarter of the Southwest Quarter, Section 4, Township 47, Range 18 (PID number 60-026-0600);

(4) the Southwest Quarter of the Southwest Quarter, Section 4, Township 47, Range 18 (PID number 60-026-0610);

(5) the Southeast Quarter of the Northeast Quarter, Section 9, Township 47, Range 18 (PID number 60-026-1460);

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(6) the Northeast Quarter of the Southeast Quarter, Section 9, Township 47, Range 18 (PID number 60-026-1770);

(7) the Northeast Quarter of the Southwest Quarter, Section 21, Township 47, Range 18 (PID number 60-052-3780);

(8) all that part of the Northwest Quarter of the Southeast Quarter which lies northwest of a line located 100 feet northwest of the following described line: Beginning at a point on the east line of Section 21, 641.74 feet South of the northeast corner; thence southwest 35 degrees, 28 minutes, 40 seconds, 5,000 feet and there terminating. Except a strip which lies southeast of the following described line: Beginning at a point 100 feet northwest from point on above described line, 2,289.56 feet southwest of point of beginning; thence northeast to a point 125 feet northwest from point on said above described line, 2,039.56 feet southwest of point of beginning; thence northeast and parallel with above described line 500 feet, and there terminating. Section 21, Township 47, Range 18 (PID number 60-052-3845);

(9) the Southwest Quarter of the Northeast Quarter, Section 29, Township 47, Range 18 (PID number 39-020-0730);

(10) the Southeast Quarter of the Northeast Quarter, except Interstate Highway 35, Section 29, Township 47, Range 18 (PID number 39-020-0740);

(11) the Southwest Quarter of the Northwest Quarter, Section 32, Township 48, Range 18 (PID number 33-010-8220);

(12) the Northeast Quarter of the Northeast Quarter, Section 35, Township 47, Range 21 (PID number 36-033-5580); and

(13) the Southwest Quarter of the Northwest Quarter, Section 2, Township 46, Range 21 (PID number 75-010-0230).

(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. 5. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; CASS 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 make necessary changes to the legal description to correct errors and ensure accuracy.

(c) The land that may be sold is located in Cass County and is described as: that part of Government Lot 3, Section 2, Township 141 North, Range 31 West, described as follows: COMMENCING at the intersection of the north line of said Government Lot 3 with the westerly right-of-way line of the former Northern Pacific Railroad and assuming said north line bears North 87 degrees 17 minutes 45 seconds West; thence South 38 degrees 42 minutes 33 seconds East along said westerly right-of-way line (also being the west line of Lot 8, Block 1, and Outlot G, LODGES OF BLUEWATER, Plat of record, said county) for a distance of 163.98 feet to the point of beginning of the tract to be herein described; thence continue South 38 degrees 42 minutes 33 seconds East, along said westerly right-of-way line 190.84 feet; thence southeasterly 116.26 feet, continuing along said westerly right-of-way line, along a tangential curve concave to the southwest, having a radius of 1,587.28 feet and a central angle of 4 degrees 11 minutes 47 seconds; thence South 51 degrees 17 minutes 27 seconds West 6 feet, more or less, to the ordinary low water line of Leech Lake; thence northwesterly along said ordinary low water line to the intersection with a line bearing South 51 degrees 17 minutes 27 seconds West from the point of beginning; thence North 51 degrees 17 minutes 27 seconds East 8 feet, more or less, to the point of beginning; containing 0.02 acres, more or less.

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(d) The land borders Leech Lake. The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land was conveyed to an adjacent landowner who will in turn sell other shoreline to the Department of Natural Resources.

Sec. 6. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CROW WING COUNTY.

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

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

(1) the Northwest Quarter of the Northeast Quarter, Section 27, Township 134, Range 29 (PIN 980271200000009);

(2) the Southwest Quarter of the Northeast Quarter, Section 27, Township 134, Range 29 (PIN 980271300000009);

(3) the Northwest Quarter of the Southeast Quarter, Section 27, Township 134, Range 29 (PIN 980274200000009); and

(4) Outlot 5, Oreland, Deerwood Township, Section 19, Township 46, Range 28 (PIN 591160009050009).

(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. 7. 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 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) an undivided 3/32 interest in the Southeast Quarter of the Southeast Quarter, Little Pine Township, Section 15, Township 138, Range 25 (PIN 740154400000AC0); and

(2) an undivided 23/32 interest in the Southeast Quarter of the Southeast Quarter, Little Pine Township, Section 15, Township 138, Range 25 (PIN 740154400000AD0).

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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. 8. CONVEYANCE OF TAX-FORFEITED LAND AND EXCHANGE FOR PUBLIC RIGHT-OF-WAY; DAKOTA COUNTY.

(a) Notwithstanding Minnesota Statutes, section 282.01, subdivision 1a, and the public sale provisions of Minnesota Statutes, chapter 282, the commissioner of revenue shall convey to Dakota County for no consideration the tax-forfeited land that is described in paragraph (c).

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

(c) The land to be conveyed is located in Dakota County and is described as Outlot A of Fairway Hills (PID No. 10-25600-00-010).

(d) Notwithstanding Minnesota Statutes, section 373.01, subdivision 1, paragraph (d), Dakota County may exchange the parcel of land described in paragraph (c) with Northern Natural Gas for another parcel necessary for a Dakota County highway right-of-way.

(e) The county has determined that the county's highway right-of-way and tax-forfeited land management interests would be best served if the land is acquired for the public purpose of completing a highway right-of-way exchange.

Sec. 9. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; GOODHUE COUNTY.

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

(c) The land to be sold is located in Goodhue County and is described as: part of Government Lots 5, 6, and 8, Section 19, Township 112 North, Range 17 West, city of Cannon Falls (PID No. 52.719.2400).

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

Sec. 10. PUBLIC OR PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; LAKE COUNTY.

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reverts to the state if the land is not used as a data center or for another economic development purpose approved by the county. 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). An easement for each of the lands described in paragraph (c), clauses (1), (4), and (5), shall be 75 feet in width on each side of the centerline of the Little West Branch Knife River to provide riparian protection and access for anglers and for management by the Department of Natural Resources, and a 66-foot strip across the easements is allowed for road access and utilities at a location agreed upon by the county and the state. An easement for each of the lands described in paragraph (c), clauses (2) and (3), shall be 75 feet in width on each side of the centerline of the unnamed tributary to Little West Branch Knife River to provide riparian protection and access for management by the Department of Natural Resources, and a 50-foot strip across the easements is allowed for road access and utilities at a location agreed upon by the county and the state. An easement for each of the lands described in paragraph (c), clauses (3), (5), (6), and (7), shall be 75 feet in width on each side of the centerline of the unnamed tributary to West Branch Knife River to provide riparian protection and access for management by the Department of Natural Resources.

(1) the Southwest Quarter of the Northeast Quarter, Section 6, Township 52 North, Range 11 West;

(2) the Southeast Quarter of the Northwest Quarter, Section 6, Township 52 North, Range 11 West;

(3) the Southwest Quarter of the Northwest Quarter, Section 6, Township 52 North, Range 11 West;

(4) the Northeast Quarter of the Northeast Quarter, Section 6, Township 52 North, Range 11 West;

(5) the Southeast Quarter of the Northeast Quarter, Section 6, Township 52 North, Range 11 West;

(6) the West Half of the Northwest Quarter of the Northwest Quarter, Section 5, Township 52 North, Range 11 West; and

(7) the West Half of the Southwest Quarter of the Northwest Quarter, Section 5, Township 52 North, Range 11 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 for economic development.

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

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Lake 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) an undivided interest in the Northeast Quarter of the Northeast Quarter, Section 7, Township 63, Range 9 (parcel number 28-6309-07020);

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(2) an undivided interest in the Southwest Quarter of the Northeast Quarter, Section 7, Township 63, Range 9 (parcel number 28-6309-07140);

(3) an undivided interest in the Northeast Quarter of the Northwest Quarter, Section 8, Township 63, Range 9 (parcel number 28-6309-08285);

(4) an undivided interest in the Northwest Quarter of the Northwest Quarter, Section 8, Township 63, Range 9 (parcel number 28-6309-08345);

(5) the Northwest Quarter of the Northeast Quarter, Section 1, Township 53, Range 10 (parcel number 29-5310-01070); and

(6) the Northeast Quarter of the Northwest Quarter, Section 1, Township 53, Range 10 (parcel number 29-5310-01250).

(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. 12. PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; MARTIN COUNTY.

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

(b) The 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.

(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. 13. PUBLIC OR PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; PINE COUNTY.

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

(b) The commissioner may sell the land for less than the appraised value 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 Pine County and is described as: the Southeast Quarter of Section 28, Township 42 North, Range 17 West of the Fourth Principal Meridian, lying North and East of the Lower Tamarack River; and the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 27, Township 42 North, Range 17 West. Together with a 66-foot road easement for ingress and egress over that part of the Northeast Quarter of Section 28, Township 42 North, Range 17 West, the center line of which is described as commencing at the northeast corner of said Section 28; thence South 89 degrees 29 minutes 23 seconds West bearing assumed along the north line of said Northeast Quarter, also being the center line of County Road No. 25; a distance of 1,314.86

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feet to the point of beginning of the center line to be described; thence South 1 degree 13 minutes 12 seconds East along said center line 256.50 feet; thence along said center line on a tangential curve concave to the northeast, with a delta angle of 14 degrees 31 minutes 5.8 seconds and a radius of 1,607.75 feet, a distance of 407.80 feet; thence South 15 degrees 45 minutes 10 seconds East along said center line 529.02 feet; thence along said center line on a tangential curve concave to the West, with a delta angle of 15 degrees 15 minutes 30 seconds and a radius of 2,127.73 feet, a distance of 566.63 feet; thence South 0 degrees 29 minutes 40 seconds East along said center line 525.22 feet; thence along said center line on a tangential curve concave to the northwest, with a delta angle of 15 degrees 54 minutes 39 seconds and a radius of 1,330.09 feet, a distance of 369.36 feet to intersect the south line of said Northeast Quarter and there terminating. Containing 81.4 acres, more or less.

(d) The land borders the Lower Tamarack 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 was returned to private or public ownership.

Sec. 14. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; PINE COUNTY.

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

(b) The conveyance must be in a form approved by the attorney general for not less than the appraised value of the land. The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

(1) East Half of Northeast Quarter of Southeast Quarter, Section 26, Township 42, Range 16 (PIN No. 02.0243.001 split);

(2) Southwest Quarter of Southwest Quarter, Section 13, Township 44, Range 21 (PIN No. 05.0126.000);

(3) Government Lot 2, subject to a 4 rod easement on North side, Section 2, Township 44, Range 18 (PIN No. 07.0017.000);

(4) North Half of Northwest Quarter and Southeast Quarter of Northwest Quarter, Section 2, Township 44, Range 18 (PIN No. 07.0019.000);

(5) Southeast Quarter, subject to highway easement, Section 3, Township 44, Range 18 (PIN No. 07.0045.000);

(6) Northeast Quarter of Northeast Quarter, together with and subject to easements, Section 3, Township 42, Range 18 (PIN No. 11.0006.001);

(7) Northwest Quarter of Northeast Quarter, together with and subject to easements, Section 3, Township 42, Range 18 (PIN No. 11.0006.004);

(8) that part of the Southwest Quarter of Southwest Quarter described as follows: commencing at northwest corner; thence 660 feet South to point of beginning; thence East 1,320 feet; thence South 330 feet; thence West 1,320 feet; thence North 330 feet to point of beginning, Section 30, Township 42, Range 18 (PIN No. 11.0193.000);

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(9) that part of the Northeast Quarter of Southeast Quarter bounded by the following four lines: on the East side by the Grindstone River; on the North by a line extended westerly from north line of Lot 12, Block 1, Foss' Riverside Lots; on the West by a line 615 feet West of and parallel to east line of section; and on the South by a line extended westerly from south line of Lot 15, Block 1 Foss' Riverside Lots, Section 20, Township 42, Range 21 (PIN No. 12.0300.000);

(10) that part of the Northeast Quarter of Southeast Quarter described as: commencing at the northeast corner of Northeast Quarter of Southeast Quarter; thence West along north line 615 feet to point of beginning; thence South at right angles to intersection with north line of Lot 12, Block 1, Foss' Riverside Lots extended; thence East along north line of Lot 12 extended to Grindstone River; thence along river to north line of Northeast Quarter of Southeast Quarter; thence westerly along north line to point of beginning, Section 20, Township 42, Range 21 (PIN No. 12.0302.000);

(11) Northeast Quarter of Northeast Quarter, Section 29, Township 43, Range 18 (PIN No. 14.0204.000);

(12) South Half of Southwest Quarter, Section 4, Township 45, Range 18 (PIN No. 16.0037.000);

(13) Northeast Quarter of Southeast Quarter and South Half of Southeast Quarter, Section 5, Township 45, Range 18 (PIN No. 16.0042.000);

(14) Northeast Quarter of Northeast Quarter, Section 8, Township 45, Range 18 (PIN No. 16.0058.000);

(15) Northwest Quarter of Northeast Quarter, Section 8, Township 45, Range 18, (PIN No. 16.0059.000);

(16) Government Lot 2 and Government Lot 3, Section 19, Township 45, Range 18 (PIN No. 16.0204.000);

(17) Southeast Quarter, Section 19, Township 45, Range 18 (PIN No. 16.0205.000);

(18) Northwest Quarter of Northeast Quarter, less West 20 rods, subject to right-of-way, Section 22, Township 45, Range 18 (PIN No. 16.0232.000);

(19) Southwest Quarter of Northwest Quarter, Section 25, Township 44, Range 20 (PIN No. 17.0323.000);

(20) Northeast Quarter of Southeast Quarter lying West of right-of-way of Highway 35, Section 26, Township 44, Range 20 (PIN No. 17.0330.000);

(21) Southeast Quarter of Northeast Quarter, Section 14, Township 40, Range 21 (PIN No. 18.0104.000);

(22) Government Lot 1, Section 4, Township 40, Range 20 (PIN No. 19.0024.000);

(23) East Half of Southwest Quarter West of Hay Creek, Section 34, Township 43, Range 16 (PIN No. 20.0270.000);

(24) Southeast Quarter of Northeast Quarter, Section 5, Township 45, Range 17 (PIN No. 21.0147.000);

(25) West Half of West Half, Section 9, Township 44, Range 17 (PIN No. 24.0053.000);

(26) South Half of Southwest Quarter, Section 30, Township 43, Range 21 (PIN No. 27.0456.000);

(27) Government Lot 2, Section 29, Township 39, Range 21 (PIN No. 28.0453.000);

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(28) West Half of Northeast Quarter and West Half of Southeast Quarter, Section 22, Township 42, Range 19 (PIN No. 30.0207.000);

(29) Northwest Quarter of Northwest Quarter, Section 26, Township 42, Range 19 (PIN No. 30.0252.000);

(30) North Half of Northeast Quarter, Section 27, Township 42, Range 19 (PIN No. 30.0257.000);

(31) Northwest Quarter of Southwest Quarter, Section 17, Township 45, Range 20 (PIN No. 31.0117.000);

(32) Southwest Quarter of Southwest Quarter, Section 17, Township 45, Range 20 (PIN No. 31.0118.000);

(33) North Half of Southeast Quarter except railroad, Section 18, Township 45, Range 20 (PIN No. 31.0123.000);

(34) North Half of Northeast Quarter and East Half of Northwest Quarter, Section 9, Township 42, Range 17 (PIN No. 32.0070.000); and

(35) Southeast Quarter of Southeast Quarter, Section 18, Township 42, Range 17 (PIN No. 32.0165.000 split).

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

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

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Pine County may convey the tax-forfeited land described in paragraph (c) to the town of Wilma, under the remaining provisions of Minnesota Statutes, chapter 282.

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

(c) The land to be conveyed is located in Pine County and is described as: Southwest Quarter of Southeast Quarter, less South 660 feet, Section 8, Township 42, Range 17 (PIN No. 32.0065.001).

(d) The county has determined that the land is needed by the town of Wilma for a town hall and public park.

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

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

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

(1) Block 28, Bayview Addition to Duluth, Section 12, Range 15 West, Township 49 North;

(2) Lot 87, Block 75, Duluth Proper Third Division, Section 28, Range 14 West, Township 50 North;

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(3) the North 13 feet for street, Lot 5, Block 5, Woodland Park 8th Division, 1st Rear Duluth, Section 2, Range 14 West, Township 50 North;

(4) Lot 15, Block 13, Andersons 3rd Addition to Virginia, Section 17, Range 17 West, Township 58 North;

(5) Lot 3, except the part platted and except the part beginning 247.12 feet East of the southwest corner; thence East 663.99 feet North 27 degrees 49 minutes East 222.33 feet to the south line of highway North 62 degrees 11 minutes West 772.37 feet southerly 605.57 feet to the point of beginning and except the West 146.81 feet and except the East 100.08 feet of the West 246.81 feet, Town of Beatty, Section 20, Range 18 West, Township 63 North;

(6) Lot 7, Gethesemane Acres Hermantown, Section 9, Range 15 West, Township 50 North; and

(7) that part of the Southwest Quarter of the Southwest Quarter lying West of the Keewatin Highway, except the southerly 14-55/100 feet, Hibbing, Section 15, Range 21 West, Township 57 North.

(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. 17. PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell tax-forfeited land described in paragraph (c) to an adjoining landowner under the remaining provisions of Minnesota Statutes, chapter 282.

(1) PID No. 010-4390-01120;

(2) PID No. 010-4390-01200;

(3) PID No. 010-4400-00070;

(4) PID No. 010-4400-00080;

(5) PID No. 010-4400-00090;

(6) PID No. 010-4400-00100;

(7) PID No. 010-4400-00110;

(8) PID No. 010-4400-00120;

(9) PID No. 010-4400-00130;

(10) PID No. 010-4400-00140;

(11) PID No. 010-4400-00150;

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(12) PID No. 010-4400-00160;

(13) PID No. 010-4400-00170;

(14) PID No. 010-4400-00180;

(15) PID No. 010-4400-00190;

(16) PID No. 010-4400-00200;

(17) PID No. 010-4400-00210;

(18) PID No. 010-4400-00240;

(19) PID No. 010-4400-00440;

(20) PID No. 010-4400-00450;

(21) PID No. 010-4400-00460;

(22) PID No. 010-4400-00470;

(23) PID No. 010-4400-00480;

(24) PID No. 010-4400-00490;

(25) PID No. 010-4400-00500;

(26) PID No. 010-4400-00510;

(27) PID No. 010-4400-00520;

(28) PID No. 010-4400-00530;

(29) PID No. 010-4400-00540;

(30) PID No. 010-4400-00550;

(31) PID No. 010-4400-00560;

(32) PID No. 010-4400-00570;

(33) PID No. 010-4400-00580;

(34) PID No. 010-4400-00590;

(35) PID No. 010-4400-00600; and

(36) PID No. 010-4400-00610.

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(d) Except as provided in paragraph (e), the proceeds from the sale of land described in paragraph (c) must be deposited by the county into an environmental trust fund as provided in Laws 1998, chapter 389, article 16, section 31, subdivision 4, as amended.

(e) The costs of appraisals, abstracts, surveys, sale preparations, advertising, realtors, and closing services may be withheld by the county board and not deposited into an environmental trust fund.

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

Sec. 18. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.

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

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

(1) the easterly 220 feet of Lot A and Lot A except the easterly 220 feet and except the westerly 50 feet, Block 37, Savanna Addition to Floodwood, Section 5, Range 20 West, Township 51 North;

(2) the West Half of the West Half of the Northwest Quarter of the Southwest Quarter, Section 5, Range 14 West, Township 50 North;

(3) Lot 3, Town of Biwabik, Section 23, Range 16 West, Township 58 North;

(4) the Northwest Quarter of the Southwest Quarter of the Northeast Quarter, Section 32, Range 17 West, Township 57 North;

(5) that part of the Southwest Quarter of the Northeast Quarter lying northwesterly of Little Fork River, except the North 150 and except the highway right-of-way, Section 18, Range 18 West, Township 62 North;

(6) the Southeast Quarter of the Northwest Quarter, Section 20, Range 14 West, Township 60 North;

(7) Lot 6, Unorganized 56-14, Section 6, Range 14, Township 56; and

(8) the Northeast Quarter of the Northwest Quarter, except the West Half and except the Southeast Quarter, Section 8, Range 16 West, Township 59 North.

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

Sec. 19. PRIVATE SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; TODD COUNTY.

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(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 Todd County and is described as: that part of the Northeast Quarter of the Southwest Quarter of Section 22, Township 129 North, Range 35 West, described as follows:

From the southwest corner of said Northeast Quarter of the Southwest Quarter run North along the west line thereof for a distance of 603 feet to the point of beginning of tract to be described; thence South 70 degrees 00 minutes East 220 feet; thence South 20 degrees 00 minutes West 105 feet; thence North 60 degrees 00 minutes West 173 feet; thence North 18 degrees 40 minutes West 64 feet, more or less, to the west line of said Northeast Quarter of the Southwest Quarter; thence North along said west line for a distance of 27 feet, more or less, to the place of beginning; containing 0.36 acres, more or less. Including all riparian rights to the 0.36 acres, more or less, and subject to existing easements of record.

(d) The land borders the Long Prairie 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 was conveyed to an adjacent landowner.

Sec. 20. CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Washington County may convey to the city of Cottage Grove 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 Cottage Grove 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 Washington County and is described as: the Northeast Quarter of the Northwest Quarter, Section 30, Township 27, Range 21, except 2-1/2 acres to railroad except beginning at the southeast corner and going west at south line 645 feet to slough; thence northeast of slough 140 feet; thence East 635 feet, more or less, to the road; thence South 140 feet to the point of beginning and also except commencing at the southeast corner of aforesaid quarter-quarter section; thence North on east line of above quarter-quarter section 140 feet; thence West parallel with south line of said quarter-quarter section 32 feet to the point of beginning, said point being on west line of town highway as now established; thence North 23-1/2 degrees West 243.6 feet; thence North 45 degrees 40 minutes West 194 feet to iron stake on westerly line of town highway; thence South 71 degrees 48 minutes West 455 feet to shore of Grey Cloud Island Slough; thence South 6 degrees 2 minutes East 225 feet to fence as now established; thence East 637 feet to point of beginning (PID 30.027.21.21.0001).

(d) The county has determined that the land is needed by the city of Cottage Grove for a public park with minimal development.

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

(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Winona County may convey the tax-forfeited land described in paragraph (c) to the city of Stockton under the remaining provisions of Minnesota Statutes, chapter 282.

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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 Stockton stops using the land for the public purpose described in paragraph (d). The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

(d) The county has determined that the land is needed by the city of Stockton for a public park.

Sec. 22. EFFECTIVE DATE.

Sections 1 to 21 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to state lands; providing for public and private sales and conveyances of certain state lands; modifying prior sale authority; amending Laws 2012, chapter 236, section 28, subdivision 6; Laws 2013, chapter 73, section 30."

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

The report was adopted.

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

H. F. No. 1434, A bill for an act relating to firearms; repealing prohibitions on the possession and use of suppressors; requiring chief law enforcement officers to complete federal certifications relating to suppressors in a timely manner; providing for an appeal process for denial of certification; amending Minnesota Statutes 2014, sections 97B.031, subdivision 4; 609.66, subdivision 1a, by adding a subdivision; repealing Minnesota Statutes 2014, section 609.66, subdivision 1h.

Reported the same back with the following amendments:

Page 3, line 21, delete "or" and insert "and"

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

The report was adopted.

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

H. F. No. 1467, A bill for an act relating to condemnation; limiting railroad condemnation power in Hennepin County for public safety reasons; proposing coding for new law in Minnesota Statutes, chapter 383B.

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

The report was adopted.

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Erickson from the Committee on Education Innovation Policy to which was referred:

H. F. No. 1529, A bill for an act relating to education; creating Education Savings Accounts for Students with Special Needs Act; appropriating money.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.

The report was adopted.

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

H. F. No. 1584, A bill for an act relating to health; modifying requirements for the license of health professionals; amending Minnesota Statutes 2014, sections 214.077; 214.10, subdivisions 2, 2a; 214.32, subdivision 6.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2014, section 148.271, is amended to read:

148.271 EXEMPTIONS.

The provisions of sections 148.171 to 148.285 shall not prohibit:

(1) The furnishing of nursing assistance in an emergency.

(2) The practice of advanced practice, professional, or practical nursing by any legally qualified advanced practice, registered, or licensed practical nurse of another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of official duties.

(3) The practice of any profession or occupation licensed by the state, other than advanced practice, professional, or practical nursing, by any person duly licensed to practice the profession or occupation, or the performance by a person of any acts properly coming within the scope of the profession, occupation, or license.

(4) The provision of a nursing or nursing-related service by an unlicensed assistive person who has been delegated or assigned the specific function and is supervised by a registered nurse or monitored by a licensed practical nurse.

(5) The care of the sick with or without compensation when done in a nursing home covered by the provisions of section 144A.09, subdivision 1.

(6) Professional nursing practice or advanced practice registered nursing practice by a registered nurse or practical nursing practice by a licensed practical nurse licensed in another state or territory who is in Minnesota as a student enrolled in a formal, structured course of study, such as a course leading to a higher degree, certification in a nursing specialty, or to enhance skills in a clinical field, while the student is practicing in the course.

(7) Professional or practical nursing practice by a student practicing under the supervision of an instructor while the student is enrolled in a nursing program approved by the board under section 148.251.

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(8) Advanced practice registered nursing as defined in section 148.171, subdivisions 5, 10, 11, 13, and 21, by a registered nurse who is licensed and currently registered in Minnesota or another United States jurisdiction and who is enrolled as a student in a formal graduate education program leading to eligibility for certification and licensure as an advanced practice registered nurse.

(9) Professional nursing practice or advanced practice registered nursing practice by a registered nurse or advanced practice registered nurse licensed in another state, territory, or jurisdiction who is in Minnesota temporarily:

(i) providing continuing or in-service education;

(ii) serving as a guest lecturer;

(iii) presenting at a conference; or

(iv) teaching didactic content via distance education to a student located in Minnesota who is enrolled in a formal, structured course of study, such as a course leading to a higher degree or certification in a nursing specialty."

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 and Elections Policy.

The report was adopted.

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

H. F. No. 1604, A bill for an act relating to health; requiring commissioner of health to develop a list of authorized entities; allowing certain individuals to obtain and administer epinephrine without a prescription; proposing coding for new law in Minnesota Statutes, chapter 144.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [144.999] LIFE-SAVING ALLERGY MEDICATION.

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

(b) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.

(c) "Authorized entity" means recreation camps, colleges and universities, preschools and daycares, and any other entity or organization approved by the commissioner to obtain and administer epinephrine auto-injectors without a prescription, other than a school as described in section 121A.2207.

(d) "Commissioner" means the commissioner of health.

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(e) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(f) "Provide" means to supply one or more epinephrine auto-injectors to an individual.

Subd. 2. Commissioner duties. The commissioner may identify additional entities or organizations where individuals may come in contact with allergens capable of causing anaphylaxis. The commissioner may annually review the list for appropriate updates. The commissioner may contract with a vendor for these duties.

Subd. 3. Obtaining and storing epinephrine auto-injectors. (a) Notwithstanding section 151.37, an authorized entity may obtain and possess epinephrine auto-injectors to be maintained and administered to an individual if, in good faith, it is believed that the individual is experiencing anaphylaxis regardless of whether the individual has a prescription for an epinephrine auto-injector. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine.

(b) Epinephrine auto-injectors possessed by an authorized entity shall be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use and any additional requirements that may be established by the commissioner. An authorized entity shall designate employees or agents who have completed the training required in this section to be responsible for the storage, maintenance, and control of epinephrine auto-injectors acquired by the authorized entity.

(c) An authorized entity may obtain epinephrine auto-injectors from pharmacies licensed as wholesalers pursuant to section 151.44 and may enter into arrangements with manufacturers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market, free, or reduced prices. Prior to an authorized entity obtaining an epinephrine auto-injector, an owner, manager, or otherwise authorized agent of the entity must present to the pharmacy or manufacturer a valid certificate of training obtained pursuant to subdivision 5.

Subd. 4. Use of epinephrine auto-injectors. (a) An employee or agent of an authorized entity who has completed the training required by subdivision 5 may use epinephrine auto-injectors obtained pursuant to subdivision 3 to:

(1) provide an epinephrine auto-injector to any individual or parent, guardian, or caregiver of such individual, who the employee or agent believes, in good faith, is experiencing anaphylaxis, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; or

(2) administer an epinephrine auto-injector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

(b) Nothing in this section shall be construed to require any authorized entity to maintain a stock of epinephrine auto-injectors.

Subd. 5. Training. (a) An employee or agent of an authorized entity must complete an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or an entity or individual otherwise approved by the commissioner. The commissioner may approve specific entities or individuals to conduct training and classes of entities or individuals to conduct training. Training may be conducted online or in person and, at a minimum, shall cover:

(1) how to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

(2) standards and procedures for the storage and administration of an epinephrine auto-injector; and

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(3) emergency follow-up procedures.

(b) The entity that conducts the training shall issue a certificate to each person who successfully completes the anaphylaxis training program. The commissioner may develop, approve, and disseminate a standard certificate of completion.

Subd. 6. Good samaritan protections. An authorized entity that possesses and makes available epinephrine auto-injectors and its employees or agents, a pharmacy or manufacturer that dispenses epinephrine auto-injectors to an authorized entity, or an individual or entity that conducts the training described in subdivision 5 shall not be liable for any injuries or related damages that result from any act or omission taken pursuant to this section. This immunity shall not apply to acts or omissions that constitute gross, willful, or wanton negligence. This section does not eliminate, limit, or reduce any other immunity or defense that may be available under state law, including that provided under section 604A.01."

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

The report was adopted.

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

H. F. No. 1637, A bill for an act relating to human services; establishing a supplementary group residential housing rate for certain facilities; amending Minnesota Statutes 2014, section 256I.05, by adding a subdivision.

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.

SECOND READING OF HOUSE BILLS

H. F. Nos. 216, 372, 450, 501, 718, 830, 1036, 1193, 1365 and 1434 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Poppe introduced:

H. F. No. 1851, A bill for an act relating to liquor; allowing farm wineries to increase cider production; amending Minnesota Statutes 2014, section 340A.315, by adding a subdivision.

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

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Hamilton and Halverson introduced:

H. F. No. 1852, A bill for an act relating to human services; increasing the medical assistance reimbursement rate for critical access mental health services provided by certain providers; amending Minnesota Statutes 2014, section 256B.763.

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

Backer, Schomacker, Hamilton, Nornes, Kiel, Swedzinski and Fabian introduced:

H. F. No. 1853, A bill for an act relating to human services; setting new payment rates for critical access hospitals; requiring a new payment methodology for disproportionate share hospital payments; amending Minnesota Statutes 2014, section 256.969, subdivisions 2b, 9.

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

Schoen introduced:

H. F. No. 1854, A bill for an act relating to human services; modifying age distribution restrictions for certain group family day care settings; amending Minnesota Statutes 2014, section 245A.14, by adding a subdivision.

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

Persell introduced:

H. F. No. 1855, A bill for an act relating to transportation; requiring a study on the proposed Paul Bunyan Expressway; appropriating money.

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

Fenton, Ward, Schoen, Lohmer and Lillie introduced:

H. F. No. 1856, A bill for an act relating to transportation; requiring a safety improvement study for the interchange of signed Interstate Highways 94, 694, and 494.

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

Allen introduced:

H. F. No. 1857, A bill for an act relating to child protection and placement; authorizing community-specific boards to apply for and accept gifts and grants; appropriating money; amending Minnesota Statutes 2014, section 257.0768, by adding a subdivision.

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

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Allen, Clark, Nelson and Murphy, M., introduced:

H. F. No. 1858, A bill for an act relating to state government; establishing the American Indian and Indigenous Peoples Day; proposing coding for new law in Minnesota Statutes, chapter 10.

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

Pierson, Christensen, Kresha, Koznick, Urdahl and Smith introduced:

H. F. No. 1859, A bill for an act relating to health; permitting Minnesota residents to buy health coverage approved in other states; requiring an independent cost-benefit analysis of MNsure; requiring line controls testing of the information technology systems used in MNsure three months prior to use by the public; modifying participation requirements for health plans to be offered for sale through MNsure; limiting the MNsure Board from increasing the premium withhold without legislative approval; requiring an independent financial audit of MNsure; amending Minnesota Statutes 2014, sections 62A.02, subdivision 7; 62V.03, by adding a subdivision; 62V.05, subdivisions 2, 5; proposing coding for new law in Minnesota Statutes, chapter 62A.

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

Runbeck and Smith introduced:

H. F. No. 1860, A bill for an act relating to public safety; traffic regulations; authorizing local units of government to establish educational diversion programs for certain traffic offenses; requiring the development of uniform best practices for the programs; classifying data; establishing penalties; amending Minnesota Statutes 2014, sections 6.74; 13.6905, by adding a subdivision; 169.022; proposing coding for new law in Minnesota Statutes, chapter 169.

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

Winkler; Murphy, E.; Moran; Kresha; Hortman; Loeffler and Mullery introduced:

H. F. No. 1861, A bill for an act relating to human services; increasing funding for early education programs; creating transferability for early learning scholarships; enhancing participation in the Parent Aware program; modifying child care assistance program maximum reimbursement rates; appropriating money; amending Minnesota Statutes 2014, sections 119B.13, subdivisions 1, 3b; 124D.16, subdivision 2; 124D.165, subdivision 3, by adding a subdivision.

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

McDonald; Dean, M., and Gruenhagen introduced:

H. F. No. 1862, A bill for an act relating to human services; excluding a portion of child support payments from available income in determining MFIP eligibility; amending Minnesota Statutes 2014, sections 256J.21, subdivision 2; 256J.33, subdivision 4.

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

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Nornes introduced:

H. F. No. 1863, A bill for an act relating to higher education; appropriating money for a skill development program for arts and culture community organizations; requiring a report.

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

Anderson, S., by request, introduced:

H. F. No. 1864, A bill for an act relating to the operation of state government; providing funding for the legislature, constitutional officers, and other agencies, boards, councils, commissions, and state entities; changing certain government programs; changing requirement for targeted group business; changing licensing provisions for pari-mutuel horse racing; changing the monthly regulatory fee for lawful gambling; specifying additional uses for the "Support Our Troops Fund"; appropriating money; amending Minnesota Statutes 2014, sections 16A.28, subdivision 1; 16C.16, subdivision 2, by adding a subdivision; 16C.19; 190.19, subdivision 2a; 240.08, subdivision 4; 240.10; 349.16, subdivision 6a; Laws 2013, chapter 142, article 1, section 10; Laws 2014, chapter 287, section 25.

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

Hilstrom introduced:

H. F. No. 1865, A bill for an act relating to courts; requiring court reporters and court reporting firms to charge all parties the same rate for copies of a transcript; amending Minnesota Statutes 2014, section 486.10, subdivisions 2, 3.

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

Petersburg introduced:

H. F. No. 1866, A bill for an act relating to taxation; sales and use; clarifying motor vehicle lease sales tax revenue deposits; amending Minnesota Statutes 2014, section 297A.815, subdivision 3.

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

Kresha introduced:

H. F. No. 1867, A bill for an act relating to state government; appropriating money for a bust of Senator Rod Grams.

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

Dehn, R.; Persell; Isaacson and Loonan introduced:

H. F. No. 1868, A bill for an act relating to criminal justice; providing jail credit for time spent on pretrial electronic home monitoring; amending Minnesota Statutes 2014, section 609.145, by adding a subdivision.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 945

McNamara introduced:

H. F. No. 1869, A bill for an act relating to commerce; authorizing persons under the age of 18 to use indoor tanning facilities with consent; amending Minnesota Statutes 2014, sections 325H.05; 325H.09; proposing coding for new law in Minnesota Statutes, chapter 325H; repealing Minnesota Statutes 2014, section 325H.085.

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

Loonan and Hortman introduced:

H. F. No. 1870, A bill for an act relating to energy; establishing an energy optimization goal for energy optimization projects; allowing cogeneration projects to be included in energy conservation plan programs; amending Minnesota Statutes 2014, sections 216B.1636; 216B.2401; 216B.241, subdivisions 1, 1c, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

Theis and Howe introduced:

H. F. No. 1871, A bill for an act relating to natural resources; restricting roadside mowing on state lands; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Dean, M., introduced:

H. F. No. 1872, A resolution memorializing the President and Congress to provide reimbursement under Medicaid for services provided at the Anoka-Metro Regional Treatment Center.

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

Moran introduced:

H. F. No. 1873, A bill for an act relating to economic development; providing for a grant to Lifetrack Resources; appropriating money.

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

Quam introduced:

H. F. No. 1874, A bill for an act relating to MNsure; requiring background checks for navigators; amending Minnesota Statutes 2014, section 62V.05, subdivision 4.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 946

Erhardt, Nornes, Pelowski and O'Neill introduced:

H. F. No. 1875, A bill for an act relating to higher education; providing student loan forgiveness to certain pilots; authorizing rulemaking; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Hertaus, Lesch and Howe introduced:

H. F. No. 1876, A bill for an act relating to public safety; addressing the applicability of certain affirmative defenses in DWI and CVO-related proceedings; clarifying the scope of the implied consent hearing; extending certain time periods to request reviews in DWI-related proceedings; amending Minnesota Statutes 2014, sections 97B.066, subdivisions 8, 9; 169A.46; 169A.53, subdivisions 2, 3; 169A.60, subdivision 10; 609.2111; repealing Minnesota Statutes 2014, sections 609.2112, subdivision 2; 609.2113, subdivision 4; 609.2114, subdivision 4.

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

Hertaus, by request, introduced:

H. F. No. 1877, A bill for an act relating to local government; appropriating money for a regional recreation complex in the city of Corcoran.

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

Gunther introduced:

H. F. No. 1878, A bill for an act relating to economic development; appropriating money for sustainable child care in rural Minnesota.

The bill was read for the first time and referred to the Committee on Greater Minnesota Economic and Workforce Development Policy.

Bernardy, Wagenius, Hausman and Hornstein introduced:

H. F. No. 1879, A bill for an act relating to solid waste; establishing textile waste diversion goal; amending Minnesota Statutes 2014, section 115A.551, by adding a subdivision.

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

Schoen and Hamilton introduced:

H. F. No. 1880, A bill for an act relating to human services; appropriating money for culturally specific mental health services for Southeast Asian veterans.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 947

Franson introduced:

H. F. No. 1881, A bill for an act relating to human services; modifying attendance records requirements for family child care providers; amending Minnesota Statutes 2014, section 245A.14, subdivision 14.

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

Franson introduced:

H. F. No. 1882, A bill for an act relating to human services; modifying certain family child care training requirements; amending Minnesota Statutes 2014, section 245A.50, subdivisions 2, 9.

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

Franson introduced:

H. F. No. 1883, A bill for an act relating to human services; making changes to provisions governing family child care and group family child care providers; modifying the classifications of certain data; modifying hearing requirements; requiring training of certain county agency staff; amending Minnesota Statutes 2014, sections 13.46, subdivision 4; 245A.08, subdivisions 4, 5; proposing coding for new law in Minnesota Statutes, chapter 245A.

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

Swedzinski introduced:

H. F. No. 1884, A bill for an act relating to alcohol; allowing learner's permits for adults as identification for the purchase of alcohol; amending Minnesota Statutes 2014, section 340A.503, subdivision 6.

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

Youakim, Hortman and Howe introduced:

H. F. No. 1885, A bill for an act relating to corrections; establishing a parole board; prescribing its membership, duties, and powers; prescribing when an individual is eligible to be considered for parole; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 244A.

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

Howe, Davids, Mullery and Kahn introduced:

H. F. No. 1886, A bill for an act relating to state government; appropriating money for grants to radio stations.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 948

Runbeck, Wills, Scott, Pugh and Lohmer introduced:

H. F. No. 1887, A bill for an act relating to the Metropolitan Council; striking the link between the local housing incentives program and other funding programs; amending Minnesota Statutes 2014, sections 473.252, subdivision 1; 473.253, subdivision 2; 473.254, subdivision 1; 473.255, subdivision 1; 473.859, subdivisions 2, 4.

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

Whelan and Uglem introduced:

H. F. No. 1888, A bill for an act relating to transportation; capital investment; appropriating money for highway‑rail grade separation project in Anoka; authorizing the sale and issuance of state bonds.

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

Kahn; Persell; Moran; Murphy, E.; Allen; Laine; Clark; Ward; Johnson, C.; Loeffler; Murphy, M.; Urdahl; Anzelc and Metsa introduced:

H. F. No. 1889, A bill for an act relating to state government; changing the engraving on a statue of an historic figure.

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

Runbeck and Hackbarth introduced:

H. F. No. 1890, A bill for an act relating to capital investment; appropriating money for capital improvements at the Joseph E. Wargo Nature Center; authorizing the sale and issuance of state bonds.

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

Hancock, Clark, Persell and Allen introduced:

H. F. No. 1891, A bill for an act relating to state government; appropriating money for language preservation.

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

Theis and O'Driscoll introduced:

H. F. No. 1892, A bill for an act relating to health insurance; limiting certain types of provisions in vision care insurance agreements; modifying definitions of ophthalmic goods and services; regulating kiosks; imposing disciplinary action for optometrists and physicians; amending Minnesota Statutes 2014, sections 145.711; 145.714; 147.091, subdivision 1; 148.56, subdivision 3; 148.57, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 62A; 145.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 949

Newton, Urdahl, Lueck, Metsa and Kiel introduced:

H. F. No. 1893, A bill for an act relating to natural resources; providing for condemnation of certain school trust lands; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 92.

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

Loon introduced:

H. F. No. 1894, A bill for an act relating to education; appropriating money for a pilot program to Girls in Action.

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

Davnie, Koznick, Lucero, Erickson and Mariani introduced:

H. F. No. 1895, A bill for an act relating to educational data; protecting online student data and establishing student digital privacy rights; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Mariani introduced:

H. F. No. 1896, A bill for an act relating to education; appropriating money for a planning grant for the W. Matthew Little Cultural and Educational Excellence Center.

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

Isaacson; McDonald; Kresha; O'Neill; Zerwas; Bernardy; Bly; Nelson; Persell; Fischer; Rosenthal; Yarusso; Dehn, R.; Davids; Schomacker; Youakim; Pelowski; Marquart; Hansen; Metsa; Anzelc; Lien; Mariani; Schoen; Erhardt; Dettmer; Urdahl and Daniels introduced:

H. F. No. 1897, A bill for an act relating to education finance; establishing grant programs for career and technical education needs; appropriating money.

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

Knoblach and Theis introduced:

H. F. No. 1898, A bill for an act relating to crime prevention; providing for a youth development and crime prevention program; appropriating money.

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 950

Uglem, Heintzeman, Hansen and Dill introduced:

H. F. No. 1899, A bill for an act relating to natural resources; modifying civil penalties for certain invasive species violations; amending Minnesota Statutes 2014, section 84D.13, subdivision 5.

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

Simonson introduced:

H. F. No. 1900, A bill for an act relating to telecommunications; authorizing broadband infrastructure development and bonding; authorizing the state to guarantee debt of local units of government incurred for broadband infrastructure development; amending Minnesota Statutes 2014, section 446A.086, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 237.

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

Smith introduced:

H. F. No. 1901, A bill for an act relating to estates; providing apportionment of taxes occasioned by a decedent's death; amending Minnesota Statutes 2014, section 524.3-916.

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

Clark and Mullery introduced:

H. F. No. 1902, A bill for an act relating to housing; modifying the requirements for single-metered residential buildings to provide additional remedies to tenants for utility billing; amending Minnesota Statutes 2014, section 504B.215, subdivision 2a.

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

Hornstein, Loon, Erhardt and Lenczewski introduced:

H. F. No. 1903, A bill for an act relating to transportation; making appropriations for transportation management organizations in the Twin Cities metropolitan area; proposing coding for new law in Minnesota Statutes, chapter 473.

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

Anderson, P.; Hamilton; Gunther; Daniels and Schomacker introduced:

H. F. No. 1904, A bill for an act relating to agriculture; appropriating money to the commissioner of agriculture for grants to retail petroleum dispensers.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 951

Metsa; Dill; Anderson, P.; Hamilton and Murphy, M., introduced:

H. F. No. 1905, A bill for an act relating to agriculture; establishing a butcher training pilot program.

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

McNamara and Hansen introduced:

H. F. No. 1906, A bill for an act relating to environment; modifying uses of the pesticide regulatory account; modifying labeling and advertising prohibitions pertaining to plants beneficial to pollinators; amending Minnesota Statutes 2014, sections 18B.05, subdivision 1; 18H.14.

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

Schoen introduced:

H. F. No. 1907, A bill for an act relating to health; expanding the distribution of naloxone; appropriating money.

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

Atkins introduced:

H. F. No. 1908, A bill for an act relating to pensions; adjusting benefits for certain former members of a local salaried police and fire relief association; amending Minnesota Statutes 2014, section 353.65, by adding a subdivision.

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

Uglem introduced:

H. F. No. 1909, A bill for an act relating to transportation; requiring an applicant for provisional license to possess an instruction permit for 12 months; increasing number of required driving hours to qualify for provisional license; amending Minnesota Statutes 2014, sections 171.04, subdivision 1; 171.041; 171.05, subdivision 2a; 171.055, subdivision 1.

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

Green, Persell, Marquart and Hancock introduced:

H. F. No. 1910, A bill for an act relating to criminal justice; appropriating money for a law enforcement-related grant to the White Earth Band.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 952

Loon introduced:

H. F. No. 1911, A bill for an act relating to commerce; providing an exemption from bullion coin dealer regulation for dealers in certain coins; amending Minnesota Statutes 2014, section 80G.01, subdivision 3.

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

Sanders and Atkins introduced:

H. F. No. 1912, A bill for an act relating to insurance; regulating underinsured motorist coverages; amending Minnesota Statutes 2014, section 65B.49, subdivision 3a.

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

Heintzeman introduced:

H. F. No. 1913, A bill for an act relating to education; providing for teacher licensure; amending Minnesota Statutes 2014, sections 122A.09, subdivision 4; 122A.18, subdivision 2.

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

Franson introduced:

H. F. No. 1914, A bill for an act relating to human services; clarifying family child care training requirements; amending Minnesota Statutes 2014, section 245A.50, subdivision 1.

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

Franson introduced:

H. F. No. 1915, A bill for an act relating to human services; modifying family child care provider training requirements; amending Minnesota Statutes 2014, section 245A.50, subdivisions 2, 9.

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

Franson introduced:

H. F. No. 1916, A bill for an act relating to human services; modifying attendance records requirements for family child care providers reimbursed by governmental programs; amending Minnesota Statutes 2014, section 245A.14, subdivision 14.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 953

Franson introduced:

H. F. No. 1917, A bill for an act relating to the legislature; modifying the duties of the legislative auditor; requiring the constant audit of community action agencies; requiring community action agencies to cover the costs of such audits; amending Minnesota Statutes 2014, sections 3.972, subdivision 2; 3.9741, by adding a subdivision.

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

Carlson introduced:

H. F. No. 1918, A bill for an act relating to state government; classifying certain data of the Public Employment Relations Board; exempting the Public Employment Relations Board from the open meetings law, in certain cases; amending Minnesota Statutes 2014, sections 13.43, subdivision 6; 13D.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Daniels introduced:

H. F. No. 1919, A bill for an act relating to retirement; general state employees retirement plan of the Minnesota State Retirement System; authorizing purchases of prior service credit for rule of 90 eligibility for certain Department of Corrections employees.

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

Bly and Rosenthal introduced:

H. F. No. 1920, A bill for an act relating to higher education; establishing a young farmer summer seminar and practicum program; exempting program participants from certain labor laws; appropriating money; amending Minnesota Statutes 2014, section 177.23, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Hilstrom introduced:

H. F. No. 1921, A bill for an act relating to higher education; appropriating money for the addiction medicine graduate medical education fellowship program.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 954

Hornstein, Uglem and Drazkowski introduced:

H. F. No. 1922, A bill for an act relating to transportation; specifying causes and types of damage for which railroads are responsible; amending Minnesota Statutes 2014, sections 219.76; 219.761.

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

Dean, M., introduced:

H. F. No. 1923, A bill for an act relating to health; modifying licensure requirement for osteopathic physicians; making technical changes to the composition of the Board of Medical Practice; amending Minnesota Statutes 2014, sections 147.01, subdivisions 1, 2; 147.02, subdivision 1.

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

Kelly introduced:

H. F. No. 1924, A bill for an act relating to transportation; establishing public-private partnership pilot program; requiring report.

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

Urdahl introduced:

H. F. No. 1925, A bill for an act relating to education; establishing a work group on career and technical educator licensing.

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

Kahn, Loeffler, Hornstein and Hausman introduced:

H. F. No. 1926, A bill for an act relating to capital investment; appropriating money to replace the 5th Street Southeast bridge over Interstate Highway 35W in Minneapolis; authorizing the issuance of state bonds.

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

Slocum introduced:

H. F. No. 1927, A bill for an act relating to health; requiring a comprehensive vision exam for prekindergarten children; amending Minnesota Statutes 2014, section 121A.17, subdivision 3.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 955

Pugh introduced:

H. F. No. 1928, A bill for an act relating to higher education; requiring student loan entrance counseling; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Hackbarth introduced:

H. F. No. 1929, A bill for an act relating to natural resources; modifying operating restrictions for all-terrain vehicles; requiring rulemaking; amending Minnesota Statutes 2014, sections 84.9256, subdivision 1; 84.928, subdivision 1.

The bill was read for the first time and referred to the Committee on Mining and Outdoor Recreation Policy.

Hamilton and Moran introduced:

H. F. No. 1930, A bill for an act relating to education; providing for a program to engage Hmong and Southeast Asian children and families in accessing early childhood care and education, early childhood health and developmental screening, and reading assessments; appropriating money.

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

Torkelson introduced:

H. F. No. 1931, A bill for an act relating to taxation; sustainable forest incentive program; aquatic invasive species prevention aid; modifying program requirements; providing for registration and annual verification of forest management plans and certifying eligibility requirements; requiring certification for aquatic invasive species aid; eliminating obsolete provisions for calculating sustainable forest incentive program payments; amending Minnesota Statutes 2014, sections 290C.03; 477A.19, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 290C; repealing Minnesota Statutes 2014, sections 290C.02, subdivisions 5, 9; 290C.06.

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

Persell introduced:

H. F. No. 1932, A bill for an act relating to capital investment; appropriating money for a new veterans nursing home in Bemidji.

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

Uglem, Newton and Hortman introduced:

H. F. No. 1933, A bill for an act relating to taxation; tax increment financing; modifying provisions for the city of Coon Rapids.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 956

Lohmer introduced:

H. F. No. 1934, A bill for an act relating to health; creating licensing exemptions for housing with services establishments; requiring a report; amending Minnesota Statutes 2014, section 144D.06.

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

Green; Allen; Lueck; Murphy, M.; Scott; Swedzinski; Urdahl; Hancock; Torkelson and Sundin introduced:

H. F. No. 1935, A bill for an act relating to public safety; providing for religious objections to autopsies in certain cases; amending Minnesota Statutes 2014, section 390.11, subdivisions 1, 2, by adding a subdivision.

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

Pierson; Dill; Zerwas; Dean, M.; Urdahl and Franson introduced:

H. F. No. 1936, A bill for an act relating to human services; requiring the commissioner of human services to contract with a vendor for eligibility verification audit services for public health care programs.

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

CALENDAR FOR THE DAY

H. F. No. 794 was reported to the House.

O'Driscoll moved to amend H. F. No. 794 as follows:

Page 2, line 2, delete "at least"

Page 2, line 11, delete everything after "except" and insert ": (1) a plat as described in section 505.021; (2) a registered land survey as described in section 508.47 or 508A.47; or (3) a CIC plat or a supplemental CIC plat as described in chapter 515B shall be recorded regardless of whether a notary stamp was used or was illegible if used, if a certificate of notarial act that includes the jurisdiction of the notarial act, the name and title of the notarial officer, and the date the notary commission expires is printed in pen and ink or typewritten on the plat, the registered land survey, or the CIC plat or supplemental CIC plat"

Page 2, line 12, delete the new language

Page 5, line 29, before "The" insert "Only"

Page 9, delete lines 21 to 24

Page 9, line 25, delete everything before "All"

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 957

Page 10, after line 9, insert:

"Sec. 13. Minnesota Statutes 2014, section 508A.47, subdivision 4, is amended to read:

Subd. 4. Survey; requisites; filing; copies. The registered land survey shall correctly show the legal description of the parcel of unplatted land represented by the registered land survey and the outside measurements of the parcel of unplatted land and of all tracts delineated therein, the direction of all lines of the tracts to be shown by angles or bearings or other relationship to the outside lines of the registered land survey, and the surveyor shall place monuments in the ground at appropriate corners, and all tracts shall be lettered consecutively beginning with the letter "A." A registered land survey which delineates multilevel tracts shall include a map showing the elevation view of the tracts with their upper and lower boundaries defined by elevations referenced to a mean sea level adjusted datum benchmark. None of the tracts or parts of them may be dedicated to the public by the registered land survey.

A licensed land surveyor shall certify that the registered land survey is a correct representation of said parcel of unplatted land. All signatures on the registered land survey shall be written with black ink and shall not be written with ball point ink. The registered land survey shall be prepared on ~~four mil~~ transparent reproducible film or the equivalent with a minimum thickness of four mil, and shall be prepared by a photographic process. Sheet size shall be 22 inches by 34 inches. A border line shall be placed one-half inch inside the outer edge of the sheet on the top and bottom 34-inch sides; and the right 22-inch side; and two inches inside the outer edge of the sheet on the left 22-inch side. Text used on the registered land survey shall not be smaller than eight-point type. If the registered land survey consists of more than one sheet, the sheets shall be numbered consecutively. Only the registered land survey shall be labeled "OFFICIAL" and any copy shall be marked "copy" in the center of the top margin.

Before filing, however, any survey shall be approved in the manner required for the approval of subdivision plats, which approval shall be endorsed on it or attached to it.

At the time of filing, a registered land survey shall contain a certification by the proper county official that there are no delinquent taxes owed and that the current year's payable taxes have been paid in accordance with section 272.12.

Notwithstanding any provisions of subdivision 5 to the contrary, no other copies of the survey need be filed.

The registrar shall duly certify and furnish to any person a copy of the registered land survey. The copy shall be admissible in evidence."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 794, A bill for an act relating to surveying; streamlining and simplifying statutory sections; making technical and conforming changes; amending Minnesota Statutes 2014, sections 160.15, subdivisions 1, 3; 358.47; 381.12; 389.09, subdivision 1; 505.021, subdivisions 1, 5, 7, 9; 505.04; 505.1792, subdivision 1; 507.093; 508.47, subdivision 4; 508A.47, subdivision 4; repealing Minnesota Statutes 2014, sections 160.15, subdivisions 2, 4, 5; 389.09, subdivision 2.

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

Journal of the House - 28th Day - Monday, March 16, 2015 - Top of Page 958

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were: