STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
FORTY-THIRD
DAY
Saint Paul, Minnesota, Tuesday, April 21, 2015
The House of Representatives convened at 9:00
a.m. and was called to order by Tim O'Driscoll, Speaker pro tempore.
Prayer was offered by the Reverend Jeremy
Ploof, Church of Saint Mary, The Holy Family and Our Lady of Lourdes, Little
Falls, Minnesota.
The members of the House gave the pledge of
allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Dill and Halverson were excused.
Mariani 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.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Urdahl from the Committee on Legacy Funding Finance to which was referred:
H. F. No. 303, A bill for an act relating to state government; appropriating money for the Minnesota Historical Society.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
OUTDOOR HERITAGE FUND
Section 1. OUTDOOR
HERITAGE APPROPRIATION. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the outdoor heritage fund for the fiscal year indicated
for each purpose. The figures
"2016" and "2017" used in this article mean that the
appropriations listed under the figure are available for the fiscal year ending
June 30, 2016, and June 30, 2017, respectively.
The "first year" is fiscal year 2016. The "second year" is fiscal year
2017. The "biennium" is fiscal
years 2016 and 2017, respectively. The
appropriations in this article are onetime.
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APPROPRIATIONS |
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Available for the
Year |
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Ending June 30 |
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2016 |
2017 |
Sec. 2. OUTDOOR
HERITAGE FUND |
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Subdivision 1. Total
Appropriation |
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$99,386,000 |
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$607,000 |
This appropriation is from the outdoor
heritage fund. The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Prairies
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40,948,000
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(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase VII |
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$4,570,000 in the first year is to the commissioner
of natural resources to acquire land in fee for wildlife management purposes
under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in
fee for scientific and natural area purposes under Minnesota Statutes, section
86A.05, subdivision 5. Subject to
evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given
to acquisition of lands that are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie. A list of proposed land and permanent
conservation easement acquisitions must be provided as part of the required
accomplishment plan.
(b) Accelerating Wildlife Management Area Acquisition - Phase VII |
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$7,452,000 in the first year is to the commissioner
of natural resources for an agreement with Pheasants Forever to acquire land in
fee for wildlife management area purposes under Minnesota Statutes, section
86A.05, subdivision 8. Subject to
evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given
to acquisition of lands that are eligible for the native prairie bank under
Minnesota Statutes, section 84.96, or lands adjacent to protected native
prairie. A list of proposed land
acquisitions must be provided as part of the required accomplishment plan.
(c) Minnesota Prairie Recovery Project - Phase VI |
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$4,032,000 in the first year is to the
commissioner of natural resources for an agreement with The Nature Conservancy
to acquire native prairie, wetlands, and savanna and restore and enhance
grasslands, wetlands, and savanna. Subject
to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be
given to acquisition of lands that are eligible for the native prairie bank
under Minnesota Statutes, section 84.96, or lands adjacent to protected native
prairie. Annual income statements and
balance sheets for income and expenses from land acquired with this
appropriation must be submitted to the Lessard-Sams Outdoor Heritage Council no
later than 180 days following the close of The Nature Conservancy's fiscal year. A list of proposed land acquisitions must be
provided as part of the required accomplishment plan and must be consistent
with the priorities identified in the Minnesota Prairie Conservation Plan.
(d) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase V |
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$3,430,000 in the first year is to the
commissioner of natural resources for an agreement with The Nature Conservancy
in cooperation with the United States Fish and Wildlife Service to acquire land
in fee or permanent conservation easements within the Northern Tallgrass
Prairie Habitat Preservation Area in western Minnesota for addition to the
Northern Tallgrass Prairie National Wildlife Refuge. Subject to evaluation criteria in Minnesota
Rules, part 6136.0900, priority must be given to acquisition of lands that are
eligible for the native prairie bank under Minnesota Statutes, section 84.96,
or lands adjacent to protected native prairie.
A list of proposed land acquisitions must be provided as part of the
required accomplishment plan and must be consistent with the priorities in the
Minnesota Prairie Conservation Plan.
(e) Accelerated Native Prairie Bank Protection - Phase IV |
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$3,740,000 in the first year is to the commissioner of natural resources to implement the Minnesota Prairie Conservation Plan through the acquisition of permanent conservation easements to protect native prairie and grasslands. Up to $165,000 is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie. A list of permanent conservation easements must be provided as part of the final report.
(f) Minnesota Buffers for Wildlife and Water - Phase V |
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$4,544,000 in the first year is to the
Board of Water and Soil Resources to acquire permanent conservation easements
to protect and enhance habitat by expanding the clean water fund riparian
buffer program for at least equal wildlife benefits from buffers on private
land. Up to $72,500 is for establishing
a monitoring and enforcement fund as approved in the accomplishment plan and
subject to Minnesota Statutes, section 97A.056, subdivision 17. A list of permanent conservation easements
must be provided as part of the final report.
(g) Cannon River Headwaters Habitat Complex - Phase V |
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$1,380,000 in the first year is to the
commissioner of natural resources for an agreement with The Trust for Public
Land to acquire and restore lands in the Cannon River watershed for wildlife
management purposes under Minnesota Statutes, section 86A.05, subdivision 8. Subject to evaluation criteria in Minnesota
Rules, part 6136.0900, priority must be given to acquisition of lands that are
eligible for the native prairie bank under Minnesota Statutes, section 84.96,
or lands adjacent to protected native prairie.
A list of proposed land acquisitions must be provided as part of the
required accomplishment plan.
(h) Prairie Chicken Habitat Partnership of the Southern Red River Valley |
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$1,800,000 in the first year is to the
commissioner of natural resources for an agreement with Pheasants Forever in
cooperation with the Minnesota Prairie Chicken Society to acquire and restore
lands in the southern Red River Valley for wildlife management purposes under
Minnesota Statutes, section 86A.05, subdivision 8, or for designation and
management as waterfowl production areas in Minnesota, in cooperation with the
United States Fish and Wildlife Service.
A list of proposed land acquisitions must be provided as part of the
required accomplishment plan.
(i) |
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$1,730,000 in the first year is to the
commissioner of natural resources for agreements to acquire conservation
easements within important bird areas identified in the Minnesota Prairie
Conservation Plan, to be used as follows:
$408,000 is to Audubon Minnesota and $1,322,000 is to Minnesota Land
Trust, of which up to $100,000 is for establishing monitoring and enforcement
funds as approved in the accomplishment plan and subject to Minnesota Statutes,
section 97A.056, subdivision 17. A list
of permanent conservation easements must be provided as part of the final
report.
(j) Wild Rice River Corridor Habitat Restoration |
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$2,270,000 in the first year is to the
commissioner of natural resources for an agreement with the Wild Rice Watershed
District to acquire land in fee and permanent conservation easement and to
`restore river and related habitat in the Wild Rice River corridor. A list of proposed acquisitions and
restorations must be provided as part of the required accomplishment plan.
(k) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase VII |
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$4,880,000 in the first year is to the commissioner
of natural resources to accelerate the restoration and enhancement of prairie
communities on wildlife management areas, scientific and natural areas, state
forest land, and land under native prairie bank easements. A list of proposed land restorations and
enhancements must be provided as part of the required accomplishment plan.
(l) Enhanced Public Land Grasslands - Phase II |
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$1,120,000 in the first year is to the
commissioner of natural resources for an agreement with Pheasants Forever to
enhance and restore habitat on public lands.
A list of proposed land restorations and enhancements must be provided
as part of the final report.
Subd. 3. Forests
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12,634,000
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(a) Camp Ripley Partnership - Phase V |
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$1,500,000 in the first year is to the
Board of Water and Soil Resources in cooperation with the Morrison County Soil
and Water Conservation District to acquire permanent conservation easements
within the boundaries of the Minnesota National Guard Compatible Use Buffer to
protect forest wildlife habitat. Up to
$55,000 is for establishing a monitoring and enforcement fund, as approved in
the accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. A list of permanent conservation easements must be provided as part
of the final report.
(b) |
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$2,910,000 in the first year is to the
commissioner of natural resources for an agreement with The Nature Conservancy
to acquire land in fee for wildlife management purposes under Minnesota
Statutes, section 86A.05, subdivision 8; to acquire land in fee for scientific
and natural areas under Minnesota Statutes, section 86A.05, subdivision 5; for
state forest purposes under Minnesota Statutes, section 86A.05, subdivision 7;
and to enhance grasslands, forest, and savanna.
A list of proposed acquisitions must be provided as part of the required
accomplishment plan.
(c) Protecting Pinelands Sands Aquifer Forestlands - Phase II |
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$2,180,000 in the first year is to the
commissioner of natural resources to acquire forest lands in Cass and Wadena
Counties for wildlife management purposes under Minnesota Statutes, section
86A.05, subdivision 8, and to acquire land in fee for state forests under Minnesota
Statutes, section 86A.05, subdivision 7.
A list of proposed land acquisitions must be provided as part of the
required accomplishment plan.
(d) Protect Key Forest Lands in Cass County - Phase VI |
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$442,000 in the first year is to the
commissioner of natural resources for an agreement with Cass County to acquire
land in fee in Cass County for forest wildlife habitat or to prevent forest
fragmentation. A list of proposed land
acquisitions must be provided as part of the required accomplishment plan.
(e) Critical Shoreland Protection Program - Phase III |
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$1,690,000 in the first year is to the commissioner of natural resources for an agreement with Minnesota Land Trust to acquire permanent conservation easements along rivers and lakes in the northern forest region. Up to $220,000 is for establishing a monitoring and enforcement fund, as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. A list of proposed permanent conservation easements must be provided as part of the required accomplishment plan.
(f) Mississippi Headwaters Habitat Partnership |
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$3,002,000 in the first year is to the
commissioner of natural resources to acquire lands in fee and for permanent
conservation easements in the Mississippi Headwaters and for agreements as
follows: $1,217,000 to The Trust for
Public Land; and $824,000 to Minnesota Land Trust, of which up to $80,000 is
for establishing a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. A list of proposed
acquisitions must be included as part of the required accomplishment plan.
(g)
Southeast Forest Habitat Enhancement |
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$910,000 in the first year is to the commissioner
of natural resources to enhance forests in southeastern Minnesota. A list of proposed land enhancements must be
provided as part of the required accomplishment plan.
Subd. 4. Wetlands
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22,578,000
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(a) Accelerating the Waterfowl Production Area Acquisition - Phase VII |
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$7,620,000 in the first year is to the
commissioner of natural resources for an agreement with Pheasants Forever to
acquire land in fee to be designated and managed as waterfowl production areas
in Minnesota, in cooperation with the United States Fish and Wildlife Service. A list of proposed land acquisitions must be
provided as part of the required accomplishment plan.
(b) Living Shallow Lakes and Wetland Initiative - Phase V |
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$9,040,000 in the first year is to the
commissioner of natural resources for an agreement with Ducks Unlimited to
acquire land in fee for wildlife management purposes under Minnesota Statutes,
section 86A.05, subdivision 8. A list of
proposed acquisitions must be provided as part of the required accomplishment
plan.
(c) Wild Rice Shoreland Protection Program - Phase IV |
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$131,000 in the first year is to the commissioner of natural resources for the acquisition of land in fee and $1,469,000 is to the Board of Water and Soil Resources to acquire permanent conservation easements on wild rice lake shoreland habitat for native wild rice bed protection. Of this amount, up to $90,000 to the Board of Water and Soil Resources is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. A list of proposed fee land acquisitions must be included as part of the required accomplishment plan by the Department of Natural Resources and a list of permanent conservation easements must be provided as part of the final report by the Board of Water and Soil Resources.
(d) Accelerated Shallow Lakes and Wetlands Enhancement - Phase VII |
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$4,318,000 in the first year is to the
commissioner of natural resources to enhance and restore shallow lakes
statewide. A list of proposed land
restorations and enhancements must be provided as part of the required
accomplishment plan.
Subd. 5. Habitats
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22,368,000
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(a) DNR Aquatic Habitat - Phase VII |
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$4,540,000 in the first year is to the
commissioner of natural resources to acquire interests in land in fee and
permanent conservation easements for aquatic management purposes under
Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02, to acquire
interests in land in permanent conservation easements for fish and wildlife
habitat under Minnesota Statutes, section 84.66, and to restore and enhance
aquatic habitat. Up to $130,000 is for
establishing a monitoring and enforcement fund as approved in the
accomplishment plan and subject to Minnesota Statutes, section 97A.056,
subdivision 17. A list of proposed land
acquisitions and restorations and enhancements must be provided as part of the
required accomplishment plan.
(b) Metro Big Rivers - Phase VI |
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$2,000,000 in the first year is to the
commissioner of natural resources for agreements to acquire land in fee and in
permanent conservation easements and to restore and enhance natural systems
associated with the Mississippi, Minnesota, and St. Croix Rivers as
follows: $475,000 to Minnesota Valley
National Wildlife Refuge Trust, Inc.; $275,000 to Friends of the Mississippi
River; $400,000 to Great River Greening; $375,000 to Minnesota Land Trust; and
$475,000 to The Trust for Public Land. Up
to $60,000 to Minnesota Land Trust is for establishing a monitoring and
enforcement fund as approved in the accomplishment plan and subject to
Minnesota Statutes, section 97A.056, subdivision 17. A list of proposed land acquisitions and
permanent conservation easements must be provided as part of the required
accomplishment plan.
(c) Minnesota Trout Unlimited Coldwater Fish Habitat Enhancement and Restoration - Phase VII |
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$1,890,000 in the first year is to the
commissioner of natural resources for an agreement with Minnesota Trout
Unlimited to restore and enhance habitat for trout and other species in and
along coldwater rivers and streams in Minnesota. A list of proposed restorations and
enhancements must be provided as part of the required accomplishment plan.
(d) Lake Bemidji South Shore Restoration and Enhancement |
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$1,650,000 in the first year is to the
commissioner of natural resources for an agreement with the city of Bemidji to
restore and enhance fish habitat on Lake Bemidji. A list of proposed restorations and
enhancements must be provided as part of the required accomplishment plan.
(e)
Sand Hill River Fish Passage |
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$990,000 in the first year is to the commissioner of
natural resources for an agreement with the Sand Hill River Watershed District
to restore fish habitat in the Sand Hill River watershed. A list of proposed restorations must be
provided as part of the required accomplishment plan.
(f) Shell Rock River Watershed Habitat Restoration Program - Phase IV |
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$2,414,000 in the first year is to the commissioner of natural resources for an agreement with the Shell Rock River Watershed District to protect, restore, and enhance aquatic habitat in the Shell Rock River watershed. A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan.
(g) Lake
Nokomis Integrated Habitat Enhancement |
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$444,000 in the first year is to the commissioner of
natural resources for an agreement with the Minneapolis Park and Recreation
Board to enhance aquatic habitat on Lake Nokomis. A list of proposed enhancements must be
provided as part of the required accomplishment plan.
(h) Conservation Partners Legacy Grant Program: Statewide and Metro Habitat - Phase VII |
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$8,440,000 in the first year is to the commissioner of
natural resources for a program to provide competitive, matching grants of up
to $400,000 to local, regional, state, and national organizations for
enhancing, restoring, or protecting forests, wetlands, prairies, or habitat for
fish, game, or wildlife in Minnesota. Of
this amount, $3,692,000 is for grants in the seven-county metropolitan area and
cities with a population of 50,000 or greater.
Grants shall not be made for activities required to fulfill the duties
of owners of lands subject to conservation easements. Grants shall not be made from the
appropriation in this paragraph for projects that have a total project cost
exceeding $575,000. Of this
appropriation, $596,000 may be spent for personnel costs and other direct and
necessary administrative costs. Grantees
may acquire land or interests in land. Easements
must be permanent. Grants may not be
used to establish easement stewardship accounts. Land acquired in fee must be open to hunting
and fishing during the open season unless otherwise provided by law. The program must require a match of at least
ten percent from nonstate sources for all grants. The match may be cash or in-kind resources. For grant applications of $25,000 or less,
the commissioner shall provide a separate, simplified application process. Subject to Minnesota Statutes, the
commissioner of natural resources shall, when evaluating projects
of
equal value, give priority to organizations that have a history of receiving or
a charter to receive private contributions for local conservation or habitat
projects. If acquiring land or a
conservation easement, priority must be given to projects associated with or
within one mile of existing wildlife management areas under Minnesota Statutes,
section 86A.05, subdivision 8; scientific and natural areas under Minnesota
Statutes, sections 84.033 and 86A.05, subdivision 5; or aquatic management
areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02. All restoration or enhancement projects must
be on land permanently protected by a permanent covenant ensuring perpetual
maintenance and protection of restored and enhanced habitat, by a conservation
easement, or by public ownership or in public waters as defined in Minnesota
Statutes, section 103G.005, subdivision 15.
Priority must be given to restoration and enhancement projects on public
lands. Minnesota Statutes, section
97A.056, subdivision 13, applies to grants awarded under this paragraph. This appropriation is available until June
30, 2018. No less than five percent of
the amount of each grant must be held back from reimbursement until the grant
recipient has completed a grant accomplishment report by the deadline and in
the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage
Council. The commissioner shall provide
notice of the grant program in the game and fish law summary prepared under
Minnesota Statutes, section 97A.051, subdivision 2.
Subd. 6. Administration
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858,000
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607,000
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(a) Contract Management |
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$150,000 in the first year is to the commissioner of natural resources for contract management duties assigned in this section. The commissioner shall provide an accomplishment plan in the form specified by the Lessard-Sams Outdoor Heritage Council on the expenditure of this appropriation. The accomplishment plan must include a copy of the grant contract template and reimbursement manual. No money may be expended prior to the Lessard-Sams Outdoor Heritage Council's approval of the accomplishment plan.
(b) Legislative Coordinating Commission |
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$608,000 in the first year and $607,000 in
the second year are to the Legislative Coordinating Commission for
administrative expenses of the Lessard-Sams Outdoor Heritage Council and for
compensation and expense reimbursement of council members. This appropriation is available until June
30, 2017. Minnesota Statutes, section
16A.281, applies to this appropriation.
(c)
Technical Evaluation Panel |
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$100,000 in the first year is to the commissioner of
natural resources for a technical evaluation panel to conduct up to ten
restoration evaluations under Minnesota Statutes, section 97A.056, subdivision
10.
Subd. 7. Availability
of Appropriation |
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Money appropriated in this section may not be spent on
activities unless they are directly related to and necessary for a specific
appropriation and are specified in the accomplishment plan approved by the
Lessard-Sams Outdoor Heritage Council. Money
appropriated in this section must not be spent on indirect costs or other
institutional overhead charges that are not directly related to and necessary
for a specific appropriation. Unless
otherwise provided, the amounts in this section are available until June 30,
2018. For acquisition of real property,
the amounts in this section are available until June 30, 2019, if a binding
agreement with a landowner or purchase agreement is entered into by June 30,
2018, and closed no later than June 30, 2019.
Money for restoration or enhancement is available until June 30, 2020,
or five years after acquisition, whichever is later, in order to complete
initial restoration or enhancement work.
If a project receives at least 15 percent of its funding from federal
funds, the time period of the appropriation may be extended to equal the
availability of federal funding to a maximum of six years, provided the federal
funding was confirmed and included within the first draft accomplishment plan. Money appropriated for fee title acquisition
of land may be used to restore, enhance, and provide for public use of the land
acquired with the appropriation. Public
use facilities must have a minimal impact on habitat in acquired lands.
Subd. 8. Payment Conditions and Capital Equipment Expenditures |
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All agreements referred to in this section must be
administered on a reimbursement basis unless otherwise provided in this section. Notwithstanding Minnesota Statutes, section
16A.41, expenditures directly related to each appropriation's purpose made on
or after July 1, 2015, or the date of accomplishment plan approval, whichever
is later, are eligible for reimbursement unless otherwise provided in this
section. For the purposes of administering
appropriations and legislatively authorized agreements paid out of the outdoor
heritage fund, an expense must be considered reimbursable by the administering
agency when the recipient presents the agency with an invoice, or binding
agreement with the landowner, and the recipient attests that the goods have
been received or the landowner agreement is binding. Periodic reimbursement must be made upon
receiving documentation that the items articulated in the accomplishment plan
approved by the
Lessard-Sams
Outdoor Heritage Council have been achieved, including partial achievements as
evidenced by progress reports approved by the Lessard-Sams Outdoor Heritage
Council. Reasonable amounts may be
advanced to projects to accommodate cash flow needs, support future management
of acquired lands, or match a federal share.
The advances must be approved as part of the accomplishment plan. Capital equipment expenditures for specific
items in excess of $10,000 must be itemized in and approved as part of the accomplishment
plan.
Subd. 9. Mapping
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Each direct recipient of money
appropriated in this section, as well as each recipient of a grant awarded
pursuant to this section, must provide geographic information to the
Lessard-Sams Outdoor Heritage Council for mapping any lands acquired in fee
with money appropriated in this section and open to public taking of fish and
game. The commissioner of natural
resources shall include the lands acquired in fee with money appropriated in
this section on maps showing public recreation opportunities. Maps must include information on and
acknowledgment of the outdoor heritage fund, including a notation of any
restrictions.
Subd. 10. Disability
Access |
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Where appropriate, grant recipients of the
outdoor heritage fund, in consultation with the Council on Disability, should
make progress toward providing greater access to programs, print publications, and
digital media for people with disabilities related to the programs the recipient funds using appropriations
made in this article.
Sec. 3. [84.974]
MILKWEED.
When feasible, the commissioner of
natural resources is encouraged to plant milkweed.
Sec. 4. Minnesota Statutes 2014, section 97A.056, subdivision 2, is amended to read:
Subd. 2. Lessard-Sams Outdoor Heritage Council. (a) The Lessard-Sams Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:
(1) two public members appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration;
(2) two public members appointed by the speaker of the house;
(3) four public members appointed by the governor;
(4) two members of the senate appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; and
(5) two members of the house of representatives appointed by the speaker of the house.
(b) Members appointed under paragraph (a) must not be registered lobbyists. In making appointments, the governor, senate Subcommittee on Committees of the Committee on Rules and Administration, and the speaker of the house shall consider geographic balance, gender, age, ethnicity, and varying interests including hunting and fishing. The governor's appointments to the council are subject to the advice and consent of the senate.
(c) Public members appointed under paragraph (a) shall have practical experience or expertise or demonstrated knowledge in the science, policy, or practice of restoring, protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife.
(d) Legislative members appointed under paragraph (a) shall include the chairs of the legislative committees with jurisdiction over environment and natural resources finance or their designee, one member from the minority party of the senate, and one member from the minority party of the house of representatives.
(e) Public members serve four-year terms. Appointed legislative members serve at the pleasure of the appointing authority. Public and legislative members continue to serve until their successors are appointed. Public members shall be initially appointed according to the following schedule of terms:
(1) two public members appointed by the governor for a term ending the first Monday in January 2011;
(2) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2011;
(3) one
public member appointed by the speaker of the house for a term ending the first
Monday in January 2011;
(4) two public members appointed by the governor for a term ending the first Monday in January 2013;
(5) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2013; and
(6) one
public member appointed by the speaker of the house for a term ending the first
Monday in January 2013.
(f) Terms, compensation, and removal of public members are as provided in section 15.0575. A vacancy on the council may be filled by the appointing authority for the remainder of the unexpired term.
(g) The first meeting of the council
shall be convened by the chair of the Legislative Coordinating Commission no
later than December 1, 2008. Members
shall elect a chair, vice-chair, secretary, and other officers as determined by
the council. The chair may convene
meetings as necessary to conduct the duties prescribed by this section.
(h) Upon coordination with The Legislative
Coordinating Commission, the council may appoint nonpartisan staff and
contract with consultants as necessary to carry out support the
functions of the council. Up to one
percent of the money appropriated from the fund may be used to pay for administrative
expenses of the council and for compensation and expense reimbursement of
council members.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2014, section 97A.056, subdivision 8, is amended to read:
Subd. 8. Revenues. (a) When a parcel of land that was
previously purchased with money from the outdoor heritage funds fund
is transferred to the state, the owner of the land shall disclose to the
council and commissioner of natural resources:
(1)
all revenues generated from activities on the land from the time the land was
purchased with money from the outdoor heritage funds fund
until the land was transferred to the state;
(2) all holding costs associated with
managing the land between the time of purchase with money from the
outdoor heritage funds fund and the time the land was transferred
to the state; and
(3) the total net revenues as determined by subtracting the costs described in clause (2) from the revenues described in clause (1).
(b) The owner of the land shall submit
the total net revenues determined under paragraph (a), clause (3), to the state
no later than 60 days after the land is transferred to the state.
Sec. 6. Minnesota Statutes 2014, section 97A.056, is amended by adding a subdivision to read:
Subd. 20. Donations. A recipient shall not accept a
monetary donation or payment from an owner of land that is acquired in fee in
whole or in part with an appropriation from the outdoor heritage fund that
exceeds the documented expenses that are directly related to and necessary for
activities specified in the accomplishment plan approved by the Lessard-Sams Outdoor
Heritage Council, unless expressly approved by the Lessard-Sams Outdoor
Heritage Council in the accomplishment plan.
This subdivision does not apply to donations that are not connected with the acquisition transaction or bargain
sales, as defined by Code of Federal Regulations, title 26, section 1.1011-2,
provided that the purchase price reimbursed by the state does not exceed the
purchase price paid by the recipient.
EFFECTIVE DATE. This section is effective July 1, 2016, and
applies to money appropriated on or after that date.
Sec. 7. Minnesota Statutes 2014, section 97A.056, is amended by adding a subdivision to read:
Subd. 21. Haying
and grazing. Lands acquired
with money appropriated from the outdoor heritage fund may not be used for emergency
haying and grazing in response to federal or state disaster declarations. Conservation grazing under a management plan
that is being implemented prior to the emergency declaration may continue.
Sec. 8. Laws 2012, chapter 264, article 1, section 2, subdivision 5, is amended to read:
Subd. 5. Habitats
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-0- |
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28,620,000 |
(a) DNR Aquatic Habitat - Phase IV |
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$3,480,000 in the second year is to the commissioner of natural resources to acquire interests in land in fee or permanent conservation easements for aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02, and to restore and enhance aquatic habitat. A list of proposed land acquisitions must be provided as part of the required accomplishment plan. The accomplishment plan must include an easement stewardship plan. Up to $25,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.
(b)
Metro Big Rivers Habitat - Phase III |
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$3,680,000 in the second year is to the commissioner of natural resources for agreements to acquire interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota, and St. Croix Rivers as follows: $1,000,000 to the Minnesota Valley National Wildlife Refuge Trust, Inc.; $375,000 to the Friends of the Mississippi; $375,000 to Great River Greening; $930,000 to The Minnesota Land Trust; and $1,000,000 to The Trust for Public Land. A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan. The accomplishment plan must include an easement stewardship plan. Up to $51,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.
(c) Dakota County Riparian and Lakeshore Protection and Management - Phase III |
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$480,000 in the second year is to the commissioner of natural resources for an agreement with Dakota County to acquire permanent conservation easements and restore and enhance habitats along the Mississippi, Cannon, and Vermillion Rivers. A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan. The accomplishment plan must include an easement stewardship plan. Up to $20,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.
(d) Lower St. Louis River Habitat Restoration |
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$3,670,000 in the second year is to the commissioner of natural resources to restore habitat in the lower St. Louis River estuary. A list of proposed projects must be provided as part of the required accomplishment plan.
(e) Coldwater Fish Habitat Enhancement - Phase IV |
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$2,120,000 in the second year is to the commissioner of natural resources for an agreement with Minnesota Trout Unlimited to restore and enhance coldwater fish lake, river, and stream habitats in Minnesota. A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.
(f)
Grand Marais Creek Outlet Restoration |
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$2,320,000 in the second year is to the commissioner of natural resources for an agreement with the Red Lake Watershed District to restore and enhance stream and related habitat in Grand Marais Creek. A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.
(g) Knife River Habitat Restoration |
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$380,000 in the second year is to the commissioner of natural resources for an agreement with the Lake Superior Steelhead Association to restore trout habitat in the Upper Knife River Watershed. A list of proposed restorations must be provided as part of the required accomplishment plan. Notwithstanding rules of the commissioner of natural resources, restorations conducted pursuant to this paragraph may be accomplished by excavation.
(h) Protect Aquatic Habitat from |
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$7,500,000 in the second year is to the
commissioner of natural resources to for
design, construct, operate, and evaluate construction,
including acquisition, operation, and evaluation of structural deterrents
for Asian invasive carp to protect Minnesota's aquatic habitat. Use of this money requires a one-to-one match
for projects on state boundary waters.
(i) Outdoor Heritage Conservation Partners Grant Program - Phase IV |
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$4,990,000 in the second year is to the commissioner of natural resources for a program to provide competitive, matching grants of up to $400,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, and habitat for fish, game, or wildlife in Minnesota. Grants shall not be made for activities required to fulfill the duties of owners of lands subject to conservation easements. Grants shall not be made from appropriations in this paragraph for projects that have a total project cost exceeding $575,000. $366,000 of this appropriation may be spent for personnel costs and other direct and necessary administrative costs. Grantees may acquire land or interests in land. Easements must be permanent. Land acquired in fee must be open to hunting and fishing during the open season unless otherwise provided by state law. The program shall require a match of at least ten percent from nonstate sources for all grants. The match may be cash or in-kind resources. For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process. Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects of equal value, give priority to organizations that have a history of receiving or charter to receive private
contributions for local conservation or habitat projects. If acquiring land or a conservation easement, priority shall be given to projects associated with existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; and aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02. All restoration or enhancement projects must be on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Priority shall be given to restoration and enhancement projects on public lands. Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph. This appropriation is available until June 30, 2016. No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council. The commissioner shall provide notice of the grant program in the game and fish law summaries that are prepared under Minnesota Statutes, section 97A.051, subdivision 2.
Sec. 9. Laws 2014, chapter 256, article 1, section 2, subdivision 5, is amended to read:
Subd. 5. Habitats
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-0- |
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30,890,000 |
(a)
DNR Aquatic Habitat - Phase VI
$2,560,000 in the second year is to the commissioner of natural resources to acquire interests in land in fee and permanent conservation easements for aquatic management purposes under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02, and to restore and enhance aquatic habitat. Up to $32,500 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. A list of proposed land acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.
(b)
Fisheries Habitat Protection on Strategic North Central Minnesota Lakes
$2,130,000 in the second year is to the commissioner of natural resources for agreements with the Leech Lake Area Watershed Foundation and Minnesota Land Trust to acquire land in fee and permanent conservation easements to sustain healthy fish habitat on lakes in Aitkin, Cass, Crow Wing, and Hubbard Counties as follows: $1,150,300 to Leech Lake Area Watershed Foundation; and $979,700 to Minnesota Land Trust, of which up to $120,000 to Minnesota Land Trust is for establishing a monitoring and
enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. A list of proposed land acquisitions must be provided as part of the required accomplishment plan.
(c)
Habitat Protection in Dakota County - Phase V
$1,190,000 in the second year is to the commissioner of natural resources for a contract with Dakota County to acquire permanent conservation easements and land in fee and to restore and enhance habitats in rivers and lake watersheds in Dakota County. Up to $15,000 to Dakota County is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17. Lands acquired or lands with easements acquired with this appropriation may not be used for emergency haying and grazing in response to federal or state disaster declarations. Conservation grazing under a management plan that is already being implemented may continue. A list of proposed land acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.
(d)
Metro Big Rivers - Phase V
$2,650,000 in the second year is to the commissioner of natural resources for agreements to acquire land in fee and permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota, and St. Croix Rivers as follows: $600,000 to Minnesota Valley National Wildlife Refuge Trust, Inc.; $160,000 to Friends of the Mississippi River; $400,000 to Great River Greening; $590,000 to Minnesota Land Trust, of which up to $77,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17; and $900,000 to The Trust for Public Land. Lands acquired or lands with easements acquired with this appropriation may not be used for emergency haying and grazing in response to federal or state disaster declarations. Conservation grazing under a management plan that is already being implemented may continue. A list of proposed land acquisitions and permanent conservation easements must be provided as part of the required accomplishment plan.
(e)
Mustinka River Fish and Wildlife Habitat Corridor Rehabilitation
$2,440,000 in the second year is to the commissioner of natural resources for an agreement with the Bois de Sioux Watershed District to acquire land in fee and to restore natural systems associated with the Mustinka River located within the Bois de Sioux Watershed. Lands acquired with this appropriation may not
be used for emergency haying and grazing in response to federal or state disaster declarations. Conservation grazing under a management plan that is already being implemented may continue. A list of proposed land acquisitions must be provided as part of the required accomplishment plan.
(f)
Minnesota Trout Unlimited Coldwater Fish Habitat Enhancement and Restoration -
Phase VI
$1,900,000 in the second year is to the commissioner of natural resources for an agreement with Minnesota Trout Unlimited to restore and enhance habitat for trout and other species in and along coldwater rivers and streams in Minnesota. A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.
(g) St. Louis
River Restoration Initiative - Phase II
$2,290,000 in the second year is to the commissioner of natural resources to restore habitat in the lower St. Louis River estuary. Of this appropriation, up to $500,000 is for an agreement with Minnesota Land Trust. A list of proposed restorations must be provided as part of the required accomplishment plan.
(h)
Knife River Habitat Rehabilitation - Phase II
$1,410,000 in the second year is to the commissioner of natural resources for an agreement with the Lake Superior Steelhead Association to enhance trout habitat in the Knife River watershed. A list of proposed enhancements must be provided as part of the required accomplishment plan.
(i)
Restoration and Enhancement of Washington County Public Lands
$430,000 in the second year is to the commissioner of natural resources for an agreement with Washington County to restore and enhance habitat on public lands in Washington County. A restoration and enhancement plan and a list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.
(j)
Wirth Park Enhancements
$600,000 in the second year is to the commissioner of natural resources for an agreement with the Minneapolis Park Board to enhance riparian and upland habitat within Wirth Park in Hennepin County. A restoration and enhancement plan and a list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.
(k)
Evaluate Effectiveness of Aquatic Invasive Species Prevention Strategies
$4,040,000 in the second year is to the commissioner of natural resources for an agreement with the Central Minnesota Initiative Fund to develop a series of pilot projects to enhance aquatic habitat by preventing the spread of aquatic invasive species, including pilot projects conducting education and outreach, inspection and decontamination, enforcement, and other activities. All pilot projects must be conducted on a reimbursement basis and require a match of nonoutdoor heritage fund dollars. A required evaluation of results must be funded with nonoutdoor heritage fund dollars. The required evaluation must evaluate the efficacy of inspection and decontamination activities utilized in any of the pilot projects in preventing the spread of aquatic invasive species. A list of pilot projects must be included in the required final report. This appropriation is available until June 30, 2019. The accomplishment plan must accelerate the start of the pilot project.
(l)
Albert Lea Lake Management and Invasive Species Control Structure - Supplement
$700,000 in the second year is added to the appropriation contained in Laws 2013, chapter 137, article 1, section 2, subdivision 5, paragraph (h), to the commissioner of natural resources for an agreement with the Shell Rock River Watershed District to construct structural deterrents and lake level controls.
(m)
Conservation Partners Legacy Grant Program - Phase VI
$4,550,000 in the second year is to the
commissioner of natural resources for a program to provide competitive, matching
grants of up to $400,000 to local, regional, state, and national organizations
for enhancing, restoring, or protecting forests, wetlands, prairies, or habitat
for fish, game, or wildlife in Minnesota.
Grants shall not be made for activities required to fulfill the duties
of owners of lands subject to conservation easements. Grants shall not be made from the
appropriation in this paragraph for projects that have a total project cost
exceeding $575,000. Of this
appropriation, $460,000 $265,000 may be spent for personnel costs
and other direct and necessary administrative costs. Grantees may acquire land or interests in
land. Easements must be permanent. Grants may not be used to establish easement
stewardship accounts. Land acquired in
fee must be open to hunting and fishing during the open season unless otherwise
provided by law. Lands acquired or lands
with easements acquired with this appropriation may not be used for emergency
haying and grazing in response to federal or state disaster declarations. Conservation grazing under a management plan
that is already being implemented may continue.
The program shall require a match of at least ten percent from nonstate
sources for all grants. The match may be
cash or in-kind
resources. For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process. Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects of equal value, give priority to organizations that have a history of receiving or charter to receive private contributions for local conservation or habitat projects. If acquiring land or a conservation easement, priority shall be given to projects associated with or within one mile of existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; or aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02. All restoration or enhancement projects must be on land permanently protected by a permanent covenant ensuring perpetual maintenance and protection of restored and enhanced habitat, by a conservation easement, or by public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Priority shall be given to restoration and enhancement projects on public lands. Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph. This appropriation is available until June 30, 2018. No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council. The commissioner shall provide notice of the grant program in the game and fish law summary prepared under Minnesota Statutes, section 97A.051, subdivision 2.
(n)
Conservation Partners Legacy Metro Grant Program
$4,000,000 in the second year is to the
commissioner of natural resources for a program to provide competitive,
matching grants of up to $400,000 to local, regional, state, and national
organizations for enhancing, restoring, or protecting forests, wetlands,
prairies, or habitat for fish, game, or wildlife in the seven-county
metropolitan area and cities with a population of 50,000 or greater. Grants shall not be made for activities
required to fulfill the duties of owners of lands subject to conservation
easements. Grants shall not be made from
the appropriation in this paragraph for projects that have a total project cost
exceeding $575,000. Of this
appropriation, $70,000 $250,000 may be spent for personnel
costs and other direct and necessary administrative costs. Grantees may acquire land or interests in
land. Easements must be permanent. Grants may not be used to establish easement
stewardship accounts. Land acquired in
fee must be open to hunting and fishing during the open season unless otherwise
provided by law. Lands acquired or lands
with easements acquired with this appropriation may not be used for emergency
haying and grazing in response to federal or state disaster declarations. Conservation
grazing under a management plan that is already being implemented may continue. The program shall require a match of at least ten percent from nonstate sources for all grants. The match may be cash or in-kind resources. For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process. Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects of equal value, give priority to organizations that have a history of receiving or charter to receive private contributions for local conservation or habitat projects. If acquiring land or a conservation easement, priority shall be given to projects associated with or within one mile of existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; or aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02. All restoration or enhancement projects must be on land permanently protected by a permanent covenant ensuring perpetual maintenance and protection of restored and enhanced habitat, by a conservation easement, or by public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. Priority shall be given to restoration and enhancement projects on public lands. Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph. This appropriation is available until June 30, 2018. No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council. The commissioner shall provide notice of the grant program in the game and fish law summary prepared under Minnesota Statutes, section 97A.051, subdivision 2.
EFFECTIVE
DATE. This section is effective
retroactively from July 1, 2014.
Sec. 10. PAYMENT-IN-LIEU
OF TAX ALTERNATIVES; RECOMMENDATIONS.
The commissioner of management and
budget, in consultation with the commissioners of natural resources and
revenue, shall examine alternatives to payment-in-lieu of tax payments under
Minnesota Statutes, sections 477A.10 to 477A.14, including a trust fund
approach, that would apply to land acquired with money from the outdoor
heritage fund and other dedicated funds.
The examination must take into account the ongoing costs to the state
and local units of government associated with the acquisition of the land and
any constitutional constraints. The
commissioner of management and budget shall submit recommendations to the
chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over the environment and natural
resources, legacy funds, and taxes no later than January 15, 2016.
ARTICLE 2
CLEAN WATER FUND
Section 1. CLEAN
WATER FUND APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the clean water fund and are available for the fiscal
years indicated for allowable activities under the Minnesota Constitution,
article XI, section 15. The figures
"2016" and
"2017"
used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year
2016. "The second year" is
fiscal year 2017. "The
biennium" is fiscal years 2016 and 2017.
The appropriations in this article are onetime.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2016 |
2017 |
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Sec. 2. CLEAN
WATER |
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Subdivision 1. Total
Appropriation |
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$113,203,000 |
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$112,999,000 |
The amounts that may be spent for each purpose are
specified in the following sections.
Subd. 2. Availability
of Appropriation |
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Money appropriated in this article may not be spent on
activities unless they are directly related to and necessary for a specific
appropriation. Money appropriated in
this article must be spent in accordance with Minnesota Management and Budget's
Guidance to Agencies on Legacy Fund Expenditure. Notwithstanding Minnesota Statutes, section
16A.28, and unless otherwise specified in this article, fiscal year 2016
appropriations are available until June 30, 2017, and fiscal year 2017
appropriations are available until June 30, 2018. If a project receives federal funds, the time
period of the appropriation is extended to equal the availability of federal
funding.
Subd. 3. Disability
Access |
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Where appropriate, grant recipients of clean water funds,
in consultation with the Council on Disability, should make progress toward
providing greater access to programs, print publications, and digital media for
people with disabilities related to the programs the recipient funds using
appropriations made in this article.
Sec. 3. DEPARTMENT
OF AGRICULTURE |
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$5,834,000 |
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$5,832,000 |
(a) $350,000 the first year and $350,000 the second year
are to increase monitoring for pesticides and pesticide degradates in surface
water and groundwater and to use data collected to assess pesticide use
practices.
(b) $2,586,000 the first year and $2,585,000 the second
year are for monitoring and evaluating trends in the concentration of nitrate
in groundwater in areas vulnerable to groundwater degradation; monitoring for
pesticides when nitrate is detected; promoting, developing, and evaluating
regional and crop-specific nutrient best management practices; assessing best
management practice
adoption;
education and technical support from University of Minnesota Extension; and
other actions to protect groundwater from degradation from nitrate. This appropriation is available until June
30, 2018.
(c) $75,000 the first year and $75,000 the
second year are for administering clean water funds managed through the
agriculture best management practices loan program. Any unencumbered balance at the end of the
second year shall be added to the corpus of the loan fund.
(d) $1,125,000 the first year and
$1,125,000 the second year are for technical assistance, research, and
demonstration projects on proper implementation of best management practices
and more precise information on nonpoint contributions to impaired waters. This appropriation is available until June
30, 2020.
(e) $788,000 the first year and $787,000
the second year are for research to quantify and reduce agricultural
contributions to impaired waters and for development and evaluation of best
management practices to protect and restore water resources. This appropriation is available until June
30, 2020.
(f) $50,000 the first year and $50,000 the
second year are for a research inventory database containing water-related
research activities. Costs for
information technology development or support for this research inventory
database may be paid to the Office of MN.IT Services. This appropriation is available until June
30, 2018.
(g) $500,000 the first year and $500,000
the second year are to implement the Minnesota agricultural water quality
certification program statewide. This appropriation is available until June 30,
2020.
(h) $110,000 the first year and $110,000
the second year are to provide funding for a regional irrigation water quality
specialist through University of Minnesota Extension.
(i) $250,000 the first year and $250,000
the second year are for a perennial and cover crop research program to develop
perennial and cover cropping systems specific to Minnesota that are necessary
to protect and restore the state's surface and groundwater resources while
increasing efficiency, profitability, and productivity of Minnesota farmers. This appropriation is available until June
30, 2018.
(j) A portion of the funds in this section
may be used for programs to train state and local outreach staff in the
intersection between agricultural economics and agricultural conservation.
Sec. 4. PUBLIC
FACILITIES AUTHORITY |
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$9,250,000 |
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$9,250,000 |
(a) $9,000,000 the first year and
$9,000,000 the second year are for the point source implementation grants
program under Minnesota Statutes, section 446A.073. This appropriation is available until June
30, 2020.
(b) $250,000 the first year and $250,000
the second year are for small community wastewater treatment grants and loans
under Minnesota Statutes, section 446A.075.
This appropriation is available until June 30, 2020.
(c) If there are any uncommitted funds at
the end of each fiscal year under paragraph (a) or (b), the Public Facilities
Authority may transfer the remaining funds to eligible projects under any of
the programs listed in this section based on their priority rank on the
Pollution Control Agency's project priority list.
Sec. 5. POLLUTION
CONTROL AGENCY |
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$26,250,000 |
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$26,248,000 |
(a) $8,250,000 the first year and
$8,250,000 the second year are for completion of 20 percent of the needed
statewide assessments of surface water
quality and trends. If the amount in the
first year is insufficient, the amount in the second year is available in the
first year.
(b) $9,795,000 the first year and
$9,795,000 the second year are to develop watershed restoration and protection
strategies (WRAPS), which include total maximum daily load (TMDL) studies and
TMDL implementation plans for waters listed on the Unites States Environmental
Protection Agency approved impaired waters list in accordance with Minnesota
Statutes, chapter 114D. The agency shall
complete an average of ten percent of the TMDLs each year over the biennium.
(c) $1,182,000 the first year and $1,181,000 the second year are for groundwater assessment, including enhancing the ambient monitoring network, modeling, and evaluating trends, including the reassessment of groundwater that was assessed ten to 15 years ago and found to be contaminated.
(d) $750,000 the first year and $750,000
the second year are for water quality improvements in the lower St. Louis
River and Duluth harbor within the St. Louis River System Area of Concern. This appropriation must be matched at a rate
of 65 percent nonstate money to 35 percent state money.
(e) $275,000 the first year and $275,000
the second year are for storm water research and guidance.
(f) $1,150,000 the first year and
$1,150,000 the second year are for TMDL research and database development.
(g)
$900,000 the first year and $900,000 the second year are for national pollutant
discharge elimination system wastewater and storm water TMDL implementation
efforts.
(h) $3,623,000 the first year and
$3,622,000 the second year are for enhancing the county-level delivery systems
for subsurface sewage treatment system (SSTS) activities necessary to implement
Minnesota Statutes, sections 115.55 and 115.56, for protection of groundwater,
including base grants for all counties with SSTS programs and competitive
grants to counties with specific plans to significantly reduce water pollution
by reducing the number of systems that are an imminent threat to public health
or safety or are otherwise failing. Counties
that receive base grants must report the number of sewage noncompliant
properties upgraded through SSTS replacement, connection to a centralized sewer
system, or other means, including property abandonment or buy-out. Counties also must report the number of
existing SSTS compliance inspections conducted in areas under county
jurisdiction. These required reports are
to be part of established annual reporting for SSTS programs. Counties that conduct SSTS inventories or
those with an ordinance in place that requires an SSTS to be inspected as a condition
of transferring property or as a condition of obtaining a local permit must be
given priority for competitive grants under this paragraph. Of this amount, $750,000 each year is
available to counties for grants to low-income landowners to address systems
that pose an imminent threat to public health or safety or fail to protect
groundwater. A grant awarded under this
paragraph may not exceed $500,000 for the biennium. A county receiving a grant under this
paragraph must submit a report to the agency listing the projects funded,
including an account of the expenditures.
(i) $275,000 the first year and $275,000
the second year are for a storm water best management practice performance
evaluation and technology transfer program to enhance data and information
management of storm water best management practices; evaluate best management
performance and effectiveness to support meeting total maximum daily loads;
develop standards and incorporate state of the art guidance using minimal
impact design standards as the model; and implement a knowledge and technology
transfer system across local government, industry, and regulatory sectors for
pass-through to the University of Minnesota.
This appropriation is available until June 30, 2018.
(j) $50,000 the first year and $50,000 the
second year are to support activities of the Clean Water Council according to
Minnesota Statutes, section 114D.30, subdivision 1.
(k) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations in this section encumbered on or before June
30, 2017, as grants or contracts are available until June 30, 2020.
Sec. 6. DEPARTMENT
OF NATURAL RESOURCES |
$8,500,000 |
|
$8,500,000 |
(a) $2,000,000 the first year and
$2,000,000 the second year are for stream flow monitoring.
(b) $1,300,000 the first year and
$1,300,000 the second year are for lake Index of Biological Integrity (IBI)
assessments.
(c) $135,000 the first year and $135,000
the second year are for assessing mercury and other contaminants of fish,
including monitoring to track the status of impaired waters over time.
(d) $1,940,000 the first year and $1,940,000 the second year are for developing targeted, science-based watershed restoration and protection strategies.
(e) $1,375,000 the first year and
$1,375,000 the second year are for water supply planning, aquifer protection,
and monitoring activities.
(f) $500,000 the first year and $500,000
the second year are for technical assistance to support local implementation of
nonpoint source restoration and protection activities, including water quality
protection in forested watersheds.
(g) $675,000 the first year and $675,000 the second year are for applied research and tools, including watershed hydrologic modeling; maintaining and updating spatial data for watershed boundaries, streams, and water bodies and integrating high-resolution digital elevation data; assessing effectiveness of forestry best management practices for water quality; and developing a biomonitoring database.
(h) $250,000 the first year and $250,000 the second year are for developing county geologic atlases.
(i) $325,000 the first year and $325,000
the second year are for analysis and mapping in each county related to
compliance with riparian buffer or alternate practice requirements and to provide
statewide coordination and guidance to local units of government for
implementation of buffer requirements. Maps
must be provided to local units of government and made available to landowners
on the Department of Natural Resources' Web site.
Sec. 7. BOARD
OF WATER AND SOIL RESOURCES |
$58,131,000 |
|
$58,132,000 |
(a) $8,929,000 the first year and
$8,929,000 the second year are for grants to local government units organized
for the management of water in a watershed or subwatershed that have multiyear
plans that will result in a significant reduction in water pollution in a
selected subwatershed. The grants may be
used for establishment
of
riparian buffers; practices to store water for natural treatment and
infiltration, including rain gardens; capturing storm water for reuse; stream
bank, shoreland, and ravine stabilization; enforcement activities; and
implementation of best management practices for feedlots within riparian areas
and other practices demonstrated to be most effective in protecting, enhancing,
and restoring water quality in lakes, rivers, and streams and protecting
groundwater from degradation. Grant
recipients must identify a nonstate match and may use other legacy funds to
supplement projects funded under this paragraph. Grants awarded under this paragraph are
available for four years and priority must be given to the best designed plans
each year.
(b) $14,775,000 the first year and
$14,775,000 the second year are for grants to protect and restore surface water
and drinking water; to keep water on the land; to protect, enhance, and restore
water quality in lakes, rivers, and streams; and to protect groundwater and
drinking water, including feedlot water quality and subsurface sewage treatment
system projects and stream bank, stream channel, shoreline restoration, and
ravine stabilization projects. The
projects must use practices demonstrated to be effective, be of long-lasting
public benefit, include a match, and be consistent with total maximum daily
load (TMDL) implementation plans, watershed restoration and protection
strategies (WRAPS), or local water management plans or their equivalents. A portion of these funds may be used to seek
administrative efficiencies through shared resources by multiple local
governmental units.
(c) $6,000,000 the first year and
$6,000,000 the second year are for targeted local resource protection and
enhancement grants and statewide program enhancements for technical assistance,
citizen and community outreach, and training and certification, as well as
projects, practices, and programs that supplement or otherwise exceed current
state standards for protection, enhancement, and restoration of water quality
in lakes, rivers, and streams or that protect groundwater from degradation,
including compliance.
(d) $950,000 the first year and $950,000
the second year are to provide state oversight and accountability, evaluate
results, provide implementation tools, and measure the value of conservation
program implementation by local governments, including submission to the
legislature by March 1 each even-numbered year a biennial report prepared by
the board, in consultation with the commissioners of natural resources, health,
agriculture, and the Pollution Control Agency, detailing the recipients, the projects
funded under this section, and the amount of pollution reduced.
(e) $1,000,000 the first year and
$1,000,000 the second year are for grants to local units of government to
enhance compliance with riparian buffer or alternate practice requirements.
(f)
$10,043,000 the first year and $10,044,000 the second year are to restore or
preserve permanent conservation on riparian buffers adjacent to lakes, rivers,
streams, and tributaries, to keep water on the land in order to decrease
sediment, pollutant, and nutrient transport; reduce hydrologic impacts to
surface waters; and increase infiltration for groundwater recharge. This appropriation may be used for
restoration of riparian buffers permanently protected by easements purchased
with this appropriation or contracts to achieve permanent protection for
riparian buffers or stream bank restorations when the riparian buffers have
been restored. Up to $344,000 is for
deposit in a monitoring and enforcement account.
(g) $1,750,000 the first year and
$1,750,000 the second year are for permanent conservation easements on wellhead
protection areas under Minnesota Statutes, section 103F.515, subdivision 2,
paragraph (d), or for grants to local units of government for fee title
acquisition to permanently protect groundwater supply sources on wellhead
protection areas or for otherwise assuring long-term protection of groundwater
supply sources as described under alternative management tools in the
Department of Agriculture's Nitrogen Fertilizer Management Plan, including low
nitrogen cropping systems or implementing nitrogen fertilizer best management
practices. Priority must be placed on
land that is located where the vulnerability of the drinking water supply is
designated as high or very high by the commissioner of health, where drinking
water protection plans have identified specific activities that will achieve
long-term protection, and on lands with expiring Conservation Reserve Program
contracts. Up to $52,500 is for deposit
in a monitoring and enforcement account.
(h) $750,000 the first year and $750,000
the second year are for community partner grants to local units of government
for: (1) structural or vegetative
management practices that reduce storm water runoff from developed or disturbed
lands to reduce the movement of sediment, nutrients, and pollutants for
restoration, protection, or enhancement of water quality in lakes, rivers, and
streams and to protect groundwater and drinking water; and (2) installation of
proven and effective water retention practices including, but not limited to,
rain gardens and other vegetated infiltration basins and sediment control
basins in order to keep water on the land.
The projects must be of long-lasting public benefit, include a local
match, and be consistent with TMDL implementation plans, watershed restoration
and protection strategies (WRAPS), or local water management plans or their
equivalents. Local government unit costs
may be used as a match.
(i) $84,000 the first year and $84,000 the
second year are for a technical evaluation panel to conduct ten restoration
evaluations under Minnesota Statutes, section 114D.50, subdivision 6.
(j)
$2,100,000 the first year and $2,100,000 the second year are for assistance,
oversight, and grants to local governments to transition local water management
plans to a watershed approach as provided for in Minnesota Statutes, chapters
103B, 103C, 103D, and 114D.
(k) $750,000 the first year and $750,000
the second year are for technical assistance and grants for the conservation
drainage program in consultation with the Drainage Work Group, coordinated
under Minnesota Statutes, section 103B.101, subdivision 13, that includes
projects to improve multipurpose water management under Minnesota Statutes,
section 103E.015.
(l) $9,000,000 the first year and
$9,000,000 the second year are to purchase and restore permanent conservation
sites via easements or contracts to treat and store water on the land for water
quality improvement purposes and related technical assistance. This work may be done in cooperation with the
United States Department of Agriculture with a first priority use to accomplish
a conservation reserve enhancement program, or equivalent, in the state. Up to $1,285,000 is for deposit in a
monitoring and enforcement account.
(m) $1,000,000 the first year and
$1,000,000 the second year are to purchase permanent conservation easements to
protect lands adjacent to public waters with good water quality but threatened
with degradation. Up to $190,000 is for
deposit in a monitoring and enforcement account.
(n) $500,000 the first year and $500,000
the second year are for a program to systematically collect data and produce
county, watershed, and statewide estimates of soil erosion caused by water and
wind along with tracking adoption of conservation measures to address erosion.
(o) $500,000 the first year and $500,000
the second year are to supplement, in equal amounts, each soil and water
conservation district's general service grant.
(p) The Board of Water and Soil Resources
must consider the inclusion of environmentally suitable annuals the next time
the board establishes or revises vegetation establishment and enhancement
guidelines for the purposes of riparian buffers.
(q) The board may contract for delivery of
services with Conservation Corps Minnesota for restoration, maintenance, and
other activities under this section.
(r) The board may shift grant or
cost-share funds in this section and may adjust the technical and
administrative assistance portion of the funds to leverage federal or other
nonstate funds or to address oversight responsibilities or high-priority needs
identified in local water management plans.
(s)
The board shall require grantees to specify the outcomes that will be achieved
by the grants prior to any grant awards.
(t) The appropriations in this section are
available until June 30, 2020. Returned
grant funds are available until expended and shall be regranted consistent with
the purposes of this section.
Sec. 8. DEPARTMENT
OF HEALTH |
|
$4,013,000 |
|
$3,812,000 |
(a) $1,100,000 the first year and
$1,100,000 the second year are for addressing public health concerns related to
contaminants found in Minnesota drinking water for which no health-based
drinking water standards exist, including accelerating the development of
health risk limits and improving the capacity of the department's laboratory to
analyze unregulated contaminants. The
commissioner shall contract with the Board of Regents of the University of
Minnesota to provide an independent review of the department's drinking water
contaminants of emerging concern program.
The review must include an assessment and ranking of contaminants that
are threats to drinking water supplies and include benchmarking that compares
efforts at the department with efforts by other states and the United States
Environmental Protection Agency. The
review must be submitted to the Clean Water Council and the chairs and ranking
minority members of the house of
representatives and senate committees and divisions with jurisdiction over
environment and natural resources by June 1, 2016.
(b) $1,900,000 the first year and
$1,900,000 the second year are for protection of drinking water sources.
(c) $113,000 the first year and $112,000
the second year are for cost-share assistance to public and private well owners
for up to 50 percent of the cost of sealing unused wells.
(d) $125,000 the first year and $125,000
the second year are to develop and deliver groundwater restoration and
protection strategies for use on a watershed scale for use in local water
planning efforts and to provide resources to local governments for drinking
water source protection activities.
(e) $325,000 the first year and $325,000
the second year are for studying the occurrence and magnitude of contaminants
in private wells and developing guidance to ensure that new well placement
minimizes the potential for risks, in cooperation with the commissioner of
agriculture.
(f) $275,000 the first year and $75,000 the second year are for development and implementation of a groundwater virus monitoring plan, including an epidemiological study to determine the association between groundwater virus concentration and community illness rates.
(g)
$175,000 the first year and $175,000 the second year are to prepare a
comprehensive study of and recommendations for regulatory and nonregulatory
approaches to water reuse for use in the development of state policy for water
reuse in Minnesota.
(h) Unless otherwise specified, the
appropriations in this section are available until June 30, 2019.
Sec. 9. METROPOLITAN
COUNCIL |
|
$1,225,000 |
|
$1,225,000 |
(a) $975,000 the first year and $975,000
the second year are to implement projects that address emerging drinking water
supply threats, provide cost-effective regional solutions, leverage
interjurisdictional coordination, support local implementation of water supply
reliability projects, and prevent degradation of groundwater resources in the
metropolitan area. These projects will
provide to communities:
(1) potential solutions to leverage
regional water use through utilization of surface water, storm water,
wastewater, and groundwater;
(2) an analysis of infrastructure
requirements for different alternatives;
(3) development of planning level cost
estimates, including capital cost and operation cost;
(4) identification of funding mechanisms
and an equitable cost‑sharing structure for regionally beneficial water
supply development projects; and
(5) development of subregional groundwater
models.
(b) $250,000 the first year and $250,000
the second year are for the water demand
reduction grant program to encourage implementation of water demand
reduction measures by municipalities in the metropolitan area to ensure the
reliability and protection of drinking water supplies.
Sec. 10. Minnesota Statutes 2014, section 103A.206, is amended to read:
103A.206
SOIL AND WATER CONSERVATION POLICY.
Maintaining and enhancing the quality of soil and water for the environmental and economic benefits they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute greatly to the health, safety, economic well-being, and general welfare of this state and its citizens. Land occupiers have the responsibility to implement practices that conserve the soil and water resources of the state. Soil and water conservation measures implemented on private lands in this state provide benefits to the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by floods. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil, water, and the natural resources they support through the implementation of practices that:
(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to preserve natural resources;
(2) ensure continued soil health, as defined under section 103C.101, subdivision 10a, and soil productivity;
(3) protect water quality;
(4) prevent impairment of dams and reservoirs;
(5) reduce damages caused by floods;
(6) preserve wildlife;
(7) protect the tax base; and
(8) protect public lands and waters.
Sec. 11. Minnesota Statutes 2014, section 103B.101, is amended by adding a subdivision to read:
Subd. 16. Water
quality practices; standardized specifications. The Board of Water and Soil Resources
shall work with state and federal agencies, academic institutions, local
governments, practitioners, and stakeholders to foster mutual understanding and
provide recommendations for standardized specifications for water quality and
soil conservation protection and improvement practices and projects. The board may convene working groups or work
teams to develop information, education, and recommendations.
Sec. 12. [103B.801]
COMPREHENSIVE WATERSHED MANAGEMENT PLANNING PROGRAM.
Subdivision 1. Definitions. The definitions under section
103B.3363, subdivisions 2 to 4, apply to this section.
Subd. 2. Program
purposes. The purposes of the
comprehensive watershed management plan program under section 103B.101,
subdivision 14, paragraph (a), are to:
(1) align local water planning purposes
and procedures under chapters 103B, 103C, and 103D on watershed boundaries to
create a systematic, watershed-wide, science-based approach to watershed
management;
(2) acknowledge and build off existing
local government structure, water plan services, and local capacity;
(3) incorporate and make use of data
and information, including watershed restoration and protection strategies
under section 114D.26;
(4) solicit input and engage experts
from agencies, citizens, and stakeholder groups;
(5) focus on implementation of
prioritized and targeted actions capable of achieving measurable progress; and
(6) serve as a substitute for a
comprehensive plan, local water management plan, or watershed management plan
developed or amended, approved, and adopted, according to chapter 103B, 103C,
or 103D.
Subd. 3. Coordination. The board shall develop policies for
coordination and development of comprehensive watershed management plans. To ensure effectiveness and accountability in
meeting the purposes of subdivision 2, these policies must address, at a
minimum:
(1)
a boundary framework consistent with section 103B.101, subdivision 14,
paragraph (a), and procedures, requirements, and criteria for establishing or
modifying the framework consistent with the goals of section 103A.212. The metropolitan area, as defined under
section 473.121, subdivision 2, may be considered for inclusion in the boundary
framework. If included, the metropolitan
area is not excluded from the water management programs under sections 103B.201
to 103B.255;
(2) requirements for coordination,
participation, and commitment between local government units in the
development, approval, adoption, and implementation of comprehensive watershed
management plans within planning boundaries identified according to this
subdivision;
(3) requirements for consistency with
state agency-adopted water and natural resources-related plans and documents
required by chapters 103A, 103B, 103C, 103D, 103E, 103F, 103G, and 114D; and
(4) procedures for plan development,
review, and approval consistent with the intent of sections 103B.201, 103B.255,
103B.311, 103B.321, 103D.401, and 103D.405.
If the procedures in these sections are contradictory as applied to a
specific proceeding, the board must establish a forum where the public interest
conflicts involved can be presented and, by consideration of the whole body of
water law, the controlling policy can be determined and apparent
inconsistencies resolved.
Subd. 4. Plan
content. (a) The board shall
develop policies for required comprehensive watershed management plan content
consistent with comprehensive local water management planning. To ensure effectiveness and accountability in
meeting the purposes of subdivision 2, plan content must include, at a minimum:
(1) an analysis and prioritization of
issues and resource concerns;
(2) measurable goals to address the
issues and concerns, including but not limited to:
(i) restoration, protection, and
preservation of natural surface water and groundwater storage and retention
systems;
(ii) minimization of public capital
expenditures needed to correct flooding and water quality problems;
(iii) restoration, protection, and
improvement of surface water and groundwater quality;
(iv) establishment of more uniform
local policies and official controls for surface water and groundwater
management;
(v) identification of priority areas
for wetland enhancement, restoration, and establishment;
(vi) identification of priority areas
for riparian zone management and buffers;
(vii) prevention of erosion and soil
transport into surface water systems;
(viii) promotion of groundwater
recharge;
(ix) protection and enhancement of fish
and wildlife habitat and water recreational facilities; and
(x) securing other benefits associated
with the proper management of surface water and groundwater;
(3) a targeted implementation schedule
describing at a minimum the actions, locations, timeline, estimated costs,
method of measurement, and identification of roles and responsible government
units;
(4)
a description of implementation programs, including how the implementation
schedule will be achieved and how the plan will be administered and coordinated
between local water management responsibilities; and
(5) a land and water resource
inventory.
Subd. 5. Timelines;
administration. (a) The board
shall develop and adopt, by June 30, 2016, a transition plan for development, approval,
adoption, and coordination of plans consistent with section 103A.212. The transition plan must include a goal of
completing statewide transition to comprehensive watershed management plans by
2025. The metropolitan area may be
considered for inclusion in the transition plan.
(b) The board may use the authority
under section 103B.3369, subdivision 9, to support development or
implementation of a comprehensive watershed management plan under this section.
Subd. 6. Authority. Notwithstanding any laws to the
contrary, the authorities granted to local government through chapters 103B,
103C, and 103D are retained when a comprehensive watershed management plan is
adopted as a substitute for a watershed management plan required under section
103B.231, a county groundwater plan authorized under section 103B.255, a county
water plan authorized under section 103B.311, a comprehensive plan authorized
under section 103C.331, or a watershed management plan required under section
103D.401 or 103D.405.
Sec. 13. Minnesota Statutes 2014, section 103C.101, is amended by adding a subdivision to read:
Subd. 10a. Soil
health. "Soil
health" means the continued capacity of soil to function as a vital living
system that sustains plants, animals, and humans. Indicators of soil health include water
infiltration capacity; organic matter content; water holding capacity;
biological capacity to break down plant residue and other substances and to
maintain soil aggregation; nutrient sequestration and cycling capacity; carbon
sequestration; and soil resistance.
Sec. 14. Minnesota Statutes 2014, section 103C.401, subdivision 1, is amended to read:
Subdivision 1. Powers and duties. In addition to the powers and duties of the state board provided by other law, the state board shall:
(1) offer to assist the district boards to implement their programs;
(2) keep the district boards of the state informed of the activities and experience of other districts and facilitate cooperation and an interchange of advice and experience among the districts;
(3) coordinate the programs and activities of the districts with appropriate agencies by advice and consultation;
(4) approve or disapprove the plans or programs of districts relating to the use of state funds administered by the state board;
(5) secure the cooperation and assistance of agencies in the work of the districts and develop a program to advise and assist appropriate agencies in obtaining state and federal funds for erosion, sedimentation, flooding, and agriculturally related pollution control programs;
(6) develop and implement a public information program concerning the districts' activities and programs, the problems and preventive practices relating to erosion control, sedimentation, agriculturally related pollution, flood prevention, and the advantages of formation of districts in areas where their organization is desirable;
(7) consolidate districts without a hearing or a referendum;
(8) assist the statewide program to inventory and classify the types of soils in the state as determined by the Minnesota Cooperative Soil Survey;
(9) identify research needs and cooperate with other public agencies in research concerning the nature and extent of erosion, sedimentation, flooding and agriculturally related pollution, the amounts and sources of sediment and pollutants delivered to the waters of the state, and long-term soil productivity;
(10) develop structural, land use management practice, and other programs to reduce or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;
(11) develop a system of priorities to identify the erosion, flooding, sediment, and agriculturally related pollution problem areas that most need control systems;
(12) ensure compliance with statewide
programs and policies established by the state board by advice, consultation,
and approval of grant agreements with the districts; and
(13) service requests from districts to
consolidate districts across county boundaries and facilitate other agreed-to
reorganizations of districts with other districts or other local units of
government, including making grants, within the limits of available funds, to
offset the cost of consolidation or reorganization; and
(14) develop and implement a state-led technical training and certification program.
Sec. 15. Minnesota Statutes 2014, section 103C.501, subdivision 5, is amended to read:
Subd. 5. Contracts by districts. (a) A district board may contract on a cost-share basis to furnish financial aid to a land occupier or to a state agency for permanent systems for erosion or sedimentation control or water quality or water quantity improvements that are consistent with the district's comprehensive and annual work plans.
(b) A district board, with approval from
the state board and consistent with state board rules and policies, may
contract on a cost-share basis to furnish financial aid to a land occupier for
nonstructural land management practices that are part of a planned erosion
control or water quality improvement plan.
(b) (c) The duration of the
contract must, at a minimum, be the time required to complete the planned
systems. A contract must specify that
the land occupier is liable for monetary damages and penalties in an amount up
to 150 percent of the financial assistance received from the district, for
failure to complete the systems or practices in a timely manner or maintain the
systems or practices as specified in the contract.
(c) (d) A contract may
provide for cooperation or funding with federal agencies. A land occupier or state agency may provide
the cost-sharing portion of the contract through services in kind.
(d) (e) The state board or
the district board may not furnish any financial aid for practices designed
only to increase land productivity.
(e) (f) When a district board
determines that long-term maintenance of a system or practice is desirable, the
board may require that maintenance be made a covenant upon the land for the
effective life of the practice. A covenant under this subdivision shall be construed
in the same manner as a conservation restriction under section 84.65.
Sec. 16. Minnesota Statutes 2014, section 114D.30, subdivision 2, is amended to read:
Subd. 2. Membership;
appointment. (a) The commissioners
of natural resources, agriculture, health, and the Pollution Control Agency, and
the executive director of the Board of Water and Soil Resources, the Board
of Regents of the University of Minnesota, and the Metropolitan Council
shall each appoint one person from their
respective
agency entity to serve as a nonvoting member of the council. Two members of the house of representatives,
including one member from the majority party and one member from the minority
party, appointed by the speaker and two senators, including one member from the
majority party and one member from the minority party, appointed according to
the rules of the senate shall serve at the pleasure of the appointing authority
as nonvoting members of the council. Agency
and legislative Members appointed under this paragraph serve as nonvoting
members of the council.
(b) Nineteen Seventeen
voting members of the council shall be appointed by the governor as follows:
(1) two members representing statewide farm organizations;
(2) two members representing business organizations;
(3) two members representing environmental organizations;
(4) one member representing soil and water conservation districts;
(5) one member representing watershed districts;
(6) one member representing nonprofit organizations focused on improvement of Minnesota lakes or streams;
(7) two members representing organizations of county governments, one member representing the interests of rural counties and one member representing the interests of counties in the seven-county metropolitan area;
(8) two members representing organizations of city governments;
(9) one member representing the
Metropolitan Council established under section 473.123;
(10) (9) one member
representing township officers;
(11) (10) one member
representing the interests of tribal governments;
(12) (11) one member
representing statewide hunting organizations; and
(13) one member representing the
University of Minnesota or a Minnesota state university; and
(14) (12) one member
representing statewide fishing organizations.
Members appointed under this paragraph must not be registered lobbyists or legislators. In making appointments, the governor must attempt to provide for geographic balance. The members of the council appointed by the governor are subject to the advice and consent of the senate.
Sec. 17. Laws 2013, chapter 137, article 2, section 6, is amended to read:
Sec. 6. DEPARTMENT
OF NATURAL RESOURCES |
$ |
|
$ |
(a) $2,000,000 the first year and $2,000,000 the second year are for stream flow monitoring, including the installation of additional monitoring gauges, and monitoring necessary to determine the relationship between stream flow and groundwater.
(b) $1,300,000 the first year and $1,300,000 the second year are for lake Index of Biological Integrity (IBI) assessments.
(c) $135,000 the first year and $135,000 the
second year are for assessing mercury contamination and other
contaminants of fish, including monitoring to track the status of waters
impaired by mercury and mercury reduction efforts over time.
(d) $1,850,000 the first year and $1,850,000 the second year are for developing targeted, science-based watershed restoration and protection strategies, including regional technical assistance for TMDL plans and development of a watershed assessment tool, in cooperation with the commissioner of the Pollution Control Agency. By January 15, 2016, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over environment and natural resources policy and finance providing the outcomes to lakes, rivers, streams, and groundwater achieved with this appropriation and recommendations.
(e) $1,375,000 the first year and $1,375,000 the second year are for water supply planning, aquifer protection, and monitoring activities.
(f) $1,000,000 the first year and $1,000,000 the second year are for technical assistance to support local implementation of nonpoint source restoration and protection activities, including water quality protection in forested watersheds.
(g) $675,000 the first year and $675,000 the second year are for applied research and tools, including watershed hydrologic modeling; maintaining and updating spatial data for watershed boundaries, streams, and water bodies and integrating high‑resolution digital elevation data; assessing effectiveness of forestry best management practices for water quality; and developing an ecological monitoring database.
(h) $615,000 the first year and $615,000 the second year are for developing county geologic atlases.
(i) $85,000 the first year is to develop design standards and best management practices for public water access sites to maintain and improve water quality by avoiding shoreline erosion and runoff.
(j) $3,000,000 the first year is for beginning to develop and designate groundwater management areas under Minnesota Statutes, section 103G.287, subdivision 4. The commissioner, in consultation with the commissioners of the Pollution Control Agency, health, and agriculture, shall establish a uniform statewide hydrogeologic mapping system that will include designated
groundwater management areas. The mapping system must include wellhead protection areas, special well construction areas, groundwater provinces, groundwater recharge areas, and other designated or geographical areas related to groundwater. This mapping system shall be used to implement all groundwater‑related laws and for reporting and evaluations. This appropriation is available until June 30, 2017.
(k) $500,000 the first year and $500,000
the second year are for grants to counties and other local units of government
to adopt and implement advanced shoreland protection measures. The grants awarded under this paragraph shall
be for up to $100,000 and must be used to restore and enhance riparian areas to
protect, enhance, and restore water quality in lakes, rivers, and streams. Grant recipients must submit a report to the
commissioner on the outcomes achieved with the grant. To be eligible for a grant under this
paragraph, a county or other local unit of government must be adopting or have
adopted an ordinance for the subdivision, use, redevelopment, and development
of shoreland that has been approved by the commissioner of natural resources as
having advanced shoreland protection measures.
An ordinance must meet or exceed the following standards:
(1) requires new sewage treatment systems
to be set back at least 100 feet from the ordinary high water level for
recreational development shorelands and 75 feet for general development lake
shorelands;
(2) requires redevelopment and new
development on shoreland to have at least a 50-foot vegetative buffer. An access path and recreational use area may
be allowed;
(3) requires mitigation when any variance
to standards designed to protect lakes, rivers, and streams is granted;
(4) requires best management practices to
be used to control storm water and sediment as part of a land alteration;
(5) includes other criteria developed by
the commissioner; and
(6) has been adopted by July 1, 2015.
An ordinance that does not exceed all the
standards in clauses (1) to (5) is considered to meet the requirement if the
commissioner determines that the ordinance provides significantly greater
protection for both waters and shoreland than those standards.
The commissioner of natural resources may
develop additional criteria for the grants awarded under this paragraph. In developing the criteria, the commissioner
shall consider the proposed changes to the department's shoreland rules
discussed during the
rulemaking
process authorized under Laws 2007, chapter 57, article 1, section 4,
subdivision 3. This appropriation is
available until spent.
(l) (k) $100,000 the first year
is for the commissioner of natural resources for rulemaking under Minnesota
Statutes, section 116G.15, subdivision 7.
Sec. 18. CANCELLATION
OF PRIOR APPROPRIATIONS.
(a) The unspent balance of the
appropriation to the Public Facilities Authority for the clean water legacy
phosphorus reduction grant program under Minnesota Statutes, section 446A.074,
in Laws 2009, chapter 172, article 2, section 3, paragraph (b), is canceled.
(b) The unspent balance of the
appropriation to the Public Facilities Authority for the clean water legacy
phosphorus reduction grant program under Minnesota Statutes, section 446A.074,
in Laws 2011, First Special Session chapter 6, article 2, section 4, paragraph
(b), is canceled.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
ARTICLE 3
PARKS AND TRAILS FUND
Section 1. PARKS
AND TRAILS FUND APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the parks and trails fund and are available for the
fiscal years indicated for each purpose.
The figures "2016" and "2017" used in this article
mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year
2016. "The second year" is
fiscal year 2017. "The
biennium" is fiscal years 2016 and 2017.
All appropriations in this article are onetime.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2016 |
2017 |
|
Sec. 2. PARKS
AND TRAILS |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$43,628,000 |
|
$45,722,000 |
The amounts that may be spent for each
purpose are specified in the following sections.
Subd. 2. Availability
of Appropriation |
|
|
|
|
Money appropriated in this article may not
be spent on activities unless they are directly related to and necessary for a
specific appropriation. Money
appropriated in this article must be spent in accordance with Minnesota
Management and Budget's Guidance to Agencies
on Legacy Fund Expenditure.
Notwithstanding
Minnesota
Statutes, section 16A.28, and unless otherwise specified in this article, fiscal
year 2016 appropriations are available until June 30, 2018, and fiscal year
2017 appropriations are available until June 30, 2019. If a project receives federal funds, the time
period of the appropriation is extended to equal the availability of federal
funding.
Subd. 3. Disability
Access |
|
|
|
|
Where appropriate, grant recipients of
parks and trails funds, in consultation with the Council on Disability, should
make progress toward providing greater access to programs, print publications,
and digital media for people with disabilities related to the programs the
recipient funds using appropriations made in this article.
Sec. 3. DEPARTMENT
OF NATURAL RESOURCES |
$26,391,000 |
|
$27,655,000 |
(a) $17,237,000 the first year and
$18,067,000 the second year are for state parks, recreation areas, and trails
to:
(1) connect people to the outdoors;
(2) acquire land and create opportunities;
(3) maintain existing holdings; and
(4) improve cooperation by coordinating
with partners to implement the 25-year long-range parks and trails legacy plan.
(b) $8,618,000 the first year and
$9,033,000 the second year are for grants in accordance with Minnesota
Statutes, section 85.535, for parks and trails of regional or statewide
significance outside of the metropolitan area, as defined in Minnesota
Statutes, section 473.121, subdivision 2.
The grants must be based on the recommendations to the commissioner from
the Greater Minnesota Regional Parks and Trails Commission established under
Minnesota Statutes, section 85.536. Up
to 2.5 percent of the total appropriation may be used by the department for
administering the grants. Of the total
appropriation, $356,000 the first year and $362,000 the second year are for
grants to the Greater Minnesota Regional Parks and Trails Commission for
operating costs.
(c) $536,000 the first year and $555,000
the second year are for coordination and projects between the department, the
Metropolitan Council, and the Greater Minnesota Regional Parks and Trails
Commission; enhanced Web-based information for park and trail users; and
support of activities of the Parks and Trails Legacy Advisory Committee.
(d)
The commissioner shall contract for services with Conservation Corps Minnesota
for restoration, maintenance, and other activities under this section for at
least $1,000,000 the first year and $1,000,000 the second year.
(e) The implementing agencies receiving
appropriations under this section shall give consideration to contracting with
Conservation Corps Minnesota for restoration, maintenance, and other
activities.
Sec. 4. METROPOLITAN
COUNCIL |
|
$17,237,000 |
|
$18,067,000 |
(a) $17,237,000 the first year and
$18,067,000 the second year are for distribution according to Minnesota
Statutes, section 85.53, subdivision 3.
(b) Money appropriated under this section
and distributed to implementing agencies must be used to fund the list of
recommended projects in the report submitted pursuant to Laws 2013, chapter
137, article 3, section 4, paragraph (o).
Projects funded by the money appropriated under this section must be
substantially consistent with the project descriptions and dollar amounts in
the report. Any funds remaining after
completion of the listed projects may be spent by the implementing agencies on
projects to support parks and trails.
(c) Grant agreements entered into by the
Metropolitan Council and recipients of money appropriated under this section
must ensure that the funds are used to supplement and not substitute for
traditional sources of funding.
(d) The implementing agencies receiving
appropriations under this section shall give consideration to contracting with
Conservation Corps Minnesota for restoration, maintenance, and other
activities.
Sec. 5. Laws 2013, chapter 137, article 3, section 4, is amended to read:
Sec. 4. METROPOLITAN
COUNCIL |
|
$16,821,000 |
|
$16,953,000 |
(a) $16,821,000 the first year and $16,953,000 the second year are for parks and trails of regional or statewide significance in the metropolitan area, distributed according to paragraphs (b) to (1). Any funds remaining after completion of the listed project may be spent on projects to support parks and trails by the implementing agency.
(b) $1,443,000 the first year and $1,455,000 the second year are for grants to Anoka County for:
(1) a trail connection for Bunker Hills Regional Park from Avocet Street;
(2) restoration, including erosion repair, along Pleasure Creek and the Mississippi River Regional Trail at the Coon Rapids Dam Regional Park;
(3) a new playground and surfacing at Lake George Regional Park;
(4) land acquisition for the Rice Creek Chain of Lakes Park Reserve;
(5) improvements at the Rice Creek Chain of Lakes Park Reserve, including maintenance shop rehabilitation, road and parking construction, fencing, beach improvements, and roof repairs;
(6) trail reconstruction under East River Road on the Rice Creek West Regional Trail;
(7) contracts with Conservation Corps Minnesota;
(8) a volunteer or resource coordinator position;
(9) a landscape designer or architect;
(10) design, engineering, and construction of the Central Anoka County Regional Trail;
(11) road rehabilitation at Lake George Regional Park;
(12) reconstruction of a retaining wall on the Mississippi River Regional Trail;
(13) a trail connection on the Mississippi River Regional Trail to connect Mississippi West Regional Park to the city of Ramsey;
(14) improvements of the Heritage Laboratory/Day Camp at the Rice Creek Chain of Lakes Park Reserve; and
(15) trail reconstruction on the Rice Creek North Regional Trail from Lexington Avenue to Golden Lake Elementary School.
(c) $289,000 the first year and $292,000 the second year are for grants to the city of Bloomington to reconstruct parking lots at the Hyland-Bush-Anderson Lakes Park Reserve.
(d) $294,000 the first year and $297,000 the second year are for grants to Carver County to connect the Minnesota River Bluffs Regional Trail and Southwest Regional Trail and for trail and bridge construction on the Minnesota River Bluff Regional Trail.
(e) $1,174,000 the first year and $1,183,000 the second year are for grants to Dakota County for:
(1) engineering to extend the Mississippi River Regional Trail and Big Rivers Regional Trails, including extensions to St. Paul, and to provide a connection to Lilydale Regional Trail;
(2) a trail connection for the Mississippi River Regional Trail to connect St. Paul and to construct a bridge over railroad tracks;
(3) engineering and construction of regional trail segments throughout the county;
(4) engineering and construction of a bridge and trails through the Minnesota Zoological Garden on the North Creek Regional Greenway; and
(5) resource management of the county's parks and trails system.
(f) $3,221,000 the first year and $3,246,000 the second are for grants to the Minneapolis Park and Recreation Board for:
(1) design and construction of trail loops, river access areas, landscapes, and storm water management improvements at Above the Falls Regional Park;
(2) land acquisition at Above the Falls Regional Park;
(3) a master plan and trail design for Central Mississippi Riverfront Regional Park;
(4) planning and design for the Central Riverfront including the water works and the Mississippi Whitewater Park sites;
(5) trail, path, and shoreline improvements and play area rehabilitation at Nokomis-Hiawatha Regional Park;
(6) trail,
shoreline, water access, picnic, sailboat facility, and concession improvements
at Minneapolis Chain of Lakes Regional Park;
(7) a bird sanctuary, trail stabilization, habitat restoration, accessibility improvements, and construction of new entrances at Minneapolis Chain of Lakes Regional Park;
(8) a trail connection for the Minnehaha Parkway Regional Trail below Lyndale Avenue; and
(9) trail work at Theodore Wirth Regional Park.
(g) $1,299,000 the first year and $1,309,000 the second year are for grants to Ramsey County for:
(1) wayfinding for cross-country ski trails at Battle Creek Regional Park, Tamarack Nature Center, and Grass-Vadnais-Snail Lakes Regional Park;
(2) contracts with Conservation Corps Minnesota;
(3) design and construction of an early learning center at Tamarack Nature Center and pedestrian connections, landscape restoration, signage, and other site amenities at Bald Eagle-Otter Lakes Regional Park;
(4) improvements to Tamarack Nature Center;
(5) building and supporting a volunteer corps for Tamarack Nature Center and Discovery Hollow;
(6) trail development to connect Tamarack Nature Center to the Otter Lake boat launch;
(7) a trail on Vadnais Lake, storm water management improvements, and site amenities at Grass-Vadnais-Snail Lakes Regional Park;
(8) trail development and connection, storm water management improvements, and site amenities at Rice Creek North Regional Trail; and
(9) the Bruce Vento Regional Trail.
(h) $2,378,000 the first year and $2,397,000 the second year are for grants to the city of Saint Paul for:
(1) an education coordinator;
(2) a volunteer coordinator;
(3) Como Regional Park shuttle operation;
(4) a trail connection to connect Harriet Island to the Mississippi Regional Trail;
(5) Estabrook Road reconstruction and lighting upgrades at Como Regional Park; and
(6) a trail connection and railroad bridge reconstruction at Lilydale Regional Park.
(i) $550,000 the first year and $554,000 the second year are for grants to Scott County for construction at Cedar Lake Farm Regional Park.
(j) $3,669,000 the first year and $3,697,000 the second year are for grants to Three Rivers Park District for:
(1) a trail connection to connect Grand Rounds to Nine Mile Creek Trail;
(2) a trail bridge over safe trail
crossing of County State-Aid Highway 19 for the Lake Minnetonka LRT
Regional Trail;
(3) trail construction on the Crystal Lake Regional Trail;
(4) trail construction on the Bassett Creek Regional Trail;
(5) trail construction on the Twin Lakes Regional Trail; and
(6) trail construction on the Nine Mile Creek Regional Trail.
(k) $821,000 the first year and $827,000 the second year are for grants to Washington County for:
(1) parking, buildings, and other improvements at the Swim Pond in Lake Elmo Park Reserve;
(2) design and construction of the Point Douglas Regional Trail, which connects to Wisconsin; and
(3)
paving improvements to Hardwood Creek Regional Trail, which may include new
trail sections toward Bald Eagle Regional Park.
(l) $1,682,000 the first year and $1,695,000 the second year are for grants to implementing agencies for land acquisition within Metropolitan Council approved regional parks and trails master plan boundaries as provided under Minnesota Statutes, section 85.53, subdivision 3, clause (4).
(m) A recipient of a grant awarded under this section must give consideration to Conservation Corps Minnesota for possible use of corps services to contract for restoration and enhancement services.
(n) For projects with the potential to need historic preservation services, a recipient of a grant awarded under this section must give consideration to the Northern Bedrock Conservation Corps for possible use of the corps' services.
(o) By January 15, 2015, the council shall submit a list of projects, ranked in priority order, that contains the council's recommendations for funding from the parks and trails fund for the 2016 and 2017 biennium to the chairs and ranking minority
members of the senate and house of representatives committees and divisions with jurisdiction over the environment and natural resources and the parks and trails fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. MESABI
TRAIL GRANT EXTENSION.
Notwithstanding Minnesota Statutes,
section 16A.28, or other law to the contrary, $512,000 of the money
appropriated in fiscal year 2013 under Laws 2011, First Special Session chapter
6, article 3, section 3, paragraph (c), clause (1), for grants under Minnesota
Statutes, section 85.535, is available until June 30, 2017. The commissioner of natural resources shall
extend the $512,000 grant to the St. Louis and Lake Counties Regional
Railroad Authority for extension of the Mesabi Trail to June 30, 2017.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 4
ARTS AND CULTURAL HERITAGE FUND
Section 1. ARTS
AND CULTURAL HERITAGE FUND APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the entities and for the
purposes specified in this article. The
appropriations are from the arts and cultural heritage fund and are available
for the fiscal years indicated for allowable activities under the Minnesota
Constitution, article XI, section 15. The
figures "2016" and "2017" used in this article mean that
the appropriations listed under the figure are available for the fiscal year
ending June 30, 2016, and June 30, 2017, respectively. "The first year" is fiscal year
2016. "The second year" is
fiscal year 2017. "The
biennium" is fiscal years 2016 and 2017.
All appropriations in this article are onetime.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2016 |
2017 |
|
Sec. 2. ARTS
AND CULTURAL HERITAGE |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$61,192,000 |
|
$62,823,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Availability
of Appropriation |
|
|
|
|
Money appropriated in this article may not
be spent on activities unless they are directly related to and necessary for a
specific appropriation. Money
appropriated in this article must not be spent on indirect costs or other
institutional overhead charges that are not directly related to and necessary
for a specific appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, and unless otherwise specified in this
article, fiscal year 2016 appropriations are available until June 30, 2017, and
fiscal year 2017 appropriations are available until June 30, 2018. If a project receives federal funds, the time
period of the appropriation is extended to equal the availability of federal
funding.
Subd. 3. Minnesota
State Arts Board |
|
28,300,000
|
|
29,040,000
|
(a) These amounts are appropriated to the
Minnesota State Arts Board for arts, arts education, arts preservation, and
arts access. Grant agreements entered
into by the Minnesota State Arts Board and other recipients of appropriations
in this subdivision must ensure that these funds are used to supplement and not
substitute for traditional sources of funding.
Each grant program established within this appropriation must be
separately administered from other state appropriations for program planning
and outcome measurements, but may take into consideration other state resources awarded in the selection of applicants
and grant award size.
(b) Arts Preservation |
|
|
|
|
$2,200,000 the first year is for transfer
to the commissioner of administration for restoration and preservation of the
fine art located in the State Capitol complex.
(c) Arts and Arts Access Initiatives |
|
|
|
|
$20,300,00 the first year and $23,240,000
the second year are to support Minnesota artists and arts organizations in
creating, producing, and presenting high-quality arts activities; to overcome
barriers to accessing high-quality arts activities; and to instill the arts
into the community and public life in this state.
(d) Arts Education |
|
|
|
|
$4,050,000 the first year and $4,050,000
the second year are for high-quality, age-appropriate arts education for
Minnesotans of all ages to develop
knowledge, skills, and understanding of the arts.
(e) Arts and Cultural Heritage |
|
|
|
|
$1,750,000 the first year and $1,750,000
the second year are for events and activities that represent the diverse
cultural arts traditions, including folk and traditional artists and art
organizations, represented in this state.
(f) Up to 4.5 percent of the funds
appropriated in paragraphs (b) to (d) may be used by the board for
administering grant programs, delivering technical services, providing fiscal
oversight for the statewide system, and ensuring accountability.
(g) Thirty percent of the remaining total appropriation
to each of the categories listed in paragraphs (b) to (d) is for grants to the
regional arts councils. Notwithstanding
any other provision of law, regional arts council grants or other arts council
grants for touring programs, projects, or exhibits must ensure the programs,
projects, or exhibits are able to tour in their own region as well as all other
regions of the state.
(h)
Any unencumbered balance remaining under this section in the first year does
not cancel, but is available for the second year of the biennium.
Subd. 4. Minnesota
Historical Society |
|
15,995,000
|
|
16,415,000
|
(a) These amounts are appropriated to the
governing board of the Minnesota Historical Society to preserve and enhance
access to Minnesota's history and its cultural and historical resources. Grant agreements entered into by the
Minnesota Historical Society and other recipients of appropriations in this
subdivision must ensure that these funds are used to supplement and not
substitute for traditional sources of funding.
Funds directly appropriated to the Minnesota Historical Society must be
used to supplement and not substitute for traditional sources of funding. Notwithstanding Minnesota Statutes, section
16A.28, for historic preservation projects that improve historic structures,
the amounts are available until June 30, 2019.
The Minnesota Historical Society or grant recipients of the Minnesota
Historical Society using arts and cultural heritage funds under this
subdivision must give consideration to Conservation Corps Minnesota and
Northern Bedrock Conservation Corps, or an organization carrying out similar
work, for projects with the potential to need historic preservation services.
(b) Historical Grants and Programs |
|
|
|
|
(1) Statewide Historic and Cultural
Grants |
|
|
|
|
$5,600,000 the first year and $6,000,000
the second year are for history programs and projects operated or conducted by
or through local, county, regional, or other historical or cultural
organizations or for activities to preserve significant historic and cultural
resources. Funds are to be distributed
through a competitive grant process. The
Minnesota Historical Society shall administer these funds using established
grant mechanisms, with assistance from the advisory committee created under
Laws 2009, chapter 172, article 4, section 2, subdivision 4, paragraph (b),
item (ii). Notwithstanding these
guidelines, the historical society and the advisory committee may consider a
grant to the Gunflint Trail Historical Society for the Chik-Wauk Museum.
(2) Programs |
|
|
|
|
$5,660,000 the first year and $6,000,000
the second year are for programs and purposes related to the historical and
cultural heritage of the state of Minnesota, conducted by the Minnesota
Historical Society. Of the amount in
this paragraph, $60,000 the first year is for the Minnesota Historical Society
to develop a museum installation celebrating the legacy of Minnesota disability
culture. The Minnesota Historical
Society shall collaborate with
the
Minnesota State Council on Disability to create the museum installation and may
use the funding to promote the exhibit and increase access to the exhibit.
(3) History Partnerships |
|
|
|
|
$2,300,000 the first year and $2,340,000
the second year are for partnerships involving multiple organizations, which
may include the Minnesota Historical Society, to preserve and enhance access to
Minnesota's history and cultural heritage in all regions of the state.
(4) Statewide Survey of
Historical and Archaeological Sites |
|
|
|
|
$280,000 the first year and $300,000 the
second year are for a contract or contracts to be awarded on a competitive
basis to conduct statewide surveys of Minnesota's sites of historical,
archaeological, and cultural significance.
Results of the surveys must be published in a searchable form and
available to the public on a cost-free basis.
The Minnesota Historical Society, the Office of the State Archaeologist,
and the Indian Affairs Council shall each appoint a representative to an
oversight board to select contractors and direct the conduct of the surveys. The oversight board shall consult with the
Departments of Transportation and Natural Resources.
(5) Digital Library |
|
|
|
|
$280,000 the first year and $300,000 the
second year are for a digital library project to preserve, digitize, and share
Minnesota images, documents, and historical materials. The Minnesota Historical Society shall
cooperate with the Minitex interlibrary loan system and shall jointly share
this appropriation for these purposes.
(6) Historic Recognition
Grants Program |
|
|
|
|
$1,875,000 the first year and $1,475,000
the second year are for a competitive grants program to provide grants for
projects that preserve, recognize, and promote the historic legacy of Minnesota. Grants may be awarded to projects that honor
the history of Minnesota, including but not limited to: projects to build or design exhibits;
artistic productions including film, television, and music; education
presentations; and commemorative events.
Subd. 5. Department
of Education |
|
1,500,000
|
|
2,500,000
|
These amounts are appropriated to the
commissioner of education for grants to the 12 Minnesota regional library
systems to provide educational opportunities in the arts, history, literary
arts, and cultural heritage of Minnesota.
These funds must be allocated
using
the formulas in Minnesota Statutes, section 134.355, subdivisions 3, 4, and 5,
with the remaining 25 percent to be distributed to all qualifying systems in an
amount proportionate to the number of qualifying system entities in each system. For purposes of this subdivision,
"qualifying system entity" means a public library, a regional library
system, a regional library system headquarters, a county, or an outreach
service program. These funds may be used
to sponsor programs provided by regional libraries or to provide grants to
local arts and cultural heritage programs for programs in partnership with
regional libraries. These funds must be
distributed in ten equal payments per year.
Notwithstanding Minnesota Statutes, section 16A.28, the appropriations
encumbered on or before June 30, 2017, as grants or contracts in this
subdivision are available until June 30, 2019.
Subd. 6. Department
of Administration |
|
9,172,000
|
|
8,643,000
|
(a) These amounts are appropriated to the
commissioner of administration for grants to the named organizations for the
purposes specified in this subdivision. Up
to one percent of funds may be used by the commissioner for grants
administration.
(b) Grant agreements entered into by the
commissioner and recipients of appropriations under this subdivision must
ensure that money appropriated in this subdivision is used to supplement and
not substitute for traditional sources of funding.
(c) Veterans Rest Camp |
|
|
|
|
$113,000 the first year is for the Disabled
Veterans Rest Camp Association for the veterans rest camp on Big Marine Lake
for parks, trails, and recreation areas.
(d) Minnesota Public Radio |
|
|
|
|
$1,417,000 each year is for Minnesota
Public Radio to create programming and expand news service on Minnesota's
cultural heritage and history.
(e) Association of Minnesota Public Educational Radio Stations |
|
|
|
|
$1,417,000 each year is appropriated for a
grant to the Association of Minnesota Public Educational Radio Stations for
production and acquisition grants in accordance with Minnesota Statutes,
section 129D.19.
(f) Public Television |
|
|
|
|
$3,000,000 the first year and $3,834,000 the second year are for grants to the Minnesota Public Television Association for production and acquisition grants according to Minnesota Statutes, section 129D.18.
(g)
Wilderness Inquiry |
|
|
|
|
$250,000 each year is for grants to
Wilderness Inquiry to preserve Minnesota's outdoor history, culture, and
heritage by connecting Minnesota youth to natural resources.
(h) Como Park Zoo |
|
|
|
|
$1,125,000 each year is for the Como Park Zoo for program development that features education programs and habitat enhancement, special exhibits, music appreciation programs, and historical garden access and preservation.
(i) Science Museum of Minnesota |
|
|
|
|
$600,000 each year is for arts, arts
education, and arts access and to preserve Minnesota's history and cultural
heritage, including student and teacher outreach and expansion of the museum's
American Indian initiatives programs.
(j) Lake Superior Center Authority |
|
|
|
|
$250,000 the first year is for
development, preparation, and construction of an exhibit on the unsalted seas
to preserve Minnesota's history and cultural
heritage related to fresh water lakes.
(k) Capitol Art Preservation |
|
|
|
|
$1,000,000 the first year is for
restoration and preservation of the fine art located in the State Capitol
complex.
Subd. 7. Minnesota
Zoo |
|
1,125,000
|
|
1,125,000
|
These amounts are appropriated to the
Minnesota Zoological Board for programs and development of the Minnesota
Zoological Garden and to provide access and education related to programs on
the cultural heritage of Minnesota.
Subd. 8. Minnesota
Humanities Center |
|
2,850,000
|
|
2,850,000
|
(a) These amounts are appropriated to the
Board of Directors of the Minnesota Humanities Center for the purposes
specified in this subdivision. The
Minnesota Humanities Center may use a portion of the following grants to cover
the cost of administering, planning, evaluating, and reporting these grants.
(b) Programs and Purposes |
|
|
|
|
$825,000 each year is for programs and
purposes of the Minnesota Humanities Center.
Of this amount, $100,000 each year may be used for the veterans' voices
program.
The
Minnesota Humanities Center may consider museums and organizations celebrating
the identities of Minnesotans for grants from these funds. The Minnesota Humanities Center may develop a
written plan to competitively issue these grants and, if a plan is developed,
shall submit the plan for review and approval by the Department of
Administration.
(c) Heritage Grants Program |
|
|
|
|
$900,000 each year is for a competitive
grants program to provide grants to preserve and promote the cultural heritage
of Minnesota.
The Minnesota Humanities Center shall
operate a competitive grants program to provide grants for programs, including
but not limited to: music, film,
television, radio, recreation, or the design and use of public spaces that
preserves and honors the cultural heritage of Minnesota. Grants made under this paragraph must not be
used for travel costs inside or outside of the state.
(d) Children's Museum Grants |
|
|
|
|
$875,000 each year is for arts and
cultural heritage grants to children's museums.
Of this amount, $500,000 each year is for
the Minnesota Children's Museum, including the Minnesota Children's Museum in
Rochester; $125,000 each year is for the Duluth Children's Museum; $125,000
each year is for the Grand Rapids Children's Museum; and $125,000 each year is
for the Southern Minnesota Children's Museum.
(e) Civics Programs |
|
|
|
|
$150,000 each year is for grants to Kids
Voting St. Paul, the Learning Law and Democracy Foundation, and YMCA Youth
in Government to conduct civics education programs for the civic and cultural
development of Minnesota youth. Civics
education is the study of constitutional principles and the democratic
foundation of our national, state, and local institutions and the study of
political processes and structures of government, grounded in the understanding
of constitutional government under the rule of law.
(f) Ka Joog Fanka Program |
|
|
|
|
$100,000 each year is for a grant to Ka
Joog for the Fanka Program to provide arts education and workshops, mentor
programs, and community engagement events throughout Minnesota.
Subd. 9. Perpich
Center for Arts Education |
|
500,000
|
|
500,000
|
(a) These amounts are appropriated to the
Board of Directors of the Perpich Center for Arts Education for the programs
under paragraph (c).
(b) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations encumbered on or before June 30, 2017, are
available until June 30, 2019.
(c) Arts Integration and Turnaround Arts Programs |
|
|
|
|
$500,000 the first year and $500,000 the
second year are for the arts integration program and Turnaround Arts programs
to assist schools and programs throughout the state.
Subd. 10. Indian
Affairs Council |
|
1,325,000
|
|
1,325,000
|
(a) $1,250,000 each year is for the Indian
Affairs Council to provide grants to preserve Dakota and Ojibwe Indian language
and to foster education programs and immersion programs in Dakota and Ojibwe
language.
(b) $75,000 each year is for the Indian
Affairs Council to carry out responsibilities under Minnesota Statutes, section
307.08, to comply with Public Law 101-601, the Native American Graves
Protection and Repatriation Act, and to develop an osteology laboratory and repository
for American Indian human remains.
Subd. 11. Board
of Regents |
|
125,000
|
|
125,000
|
This amount is appropriated to the Board
of Regents of the University of Minnesota for a grant to the Bell Museum of
Natural History for the planetarium network and portable planetarium program. This appropriation must not be used for the
purchase of motor vehicles.
Subd. 12. Legislature
|
|
400,000
|
|
400,000
|
This amount is appropriated to the
Legislative Coordinating Commission to operate the Web site for dedicated funds
required under Minnesota Statutes, section 3.303, subdivision 10.
Subd. 13. Disability
Access |
|
|
|
|
Where appropriate, grant recipients of
arts and cultural heritage funds, in consultation with the Council on
Disability, should make progress toward providing greater access to programs,
print publications, and digital media for people with disabilities related to
the programs the recipient funds using appropriations made in this section.
Sec. 3. Laws 2014, chapter 295, section 10, subdivision 12, is amended to read:
Subd. 12. St. Paul
- Minnesota Children's Museum |
|
|
|
7,485,000 |
For a grant to the city of St. Paul to
predesign, design, construct, furnish, and equip an expansion and renovation of
the Minnesota Children's Museum. The
expansion and exhibit upgrades should incorporate the latest research on early
learning, allow for new state-of-the art education facilities, and increase the
capacity of visitors to galleries and programming areas. This appropriation is not available until the
commissioner of management and budget has determined that at least an equal
amount $4,000,000 has been committed from nonstate sources. Amounts expended for this project by nonstate
sources since October 1, 2010, shall count toward the nonstate match.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 5
GENERAL PROVISIONS; ALL LEGACY FUNDS
Section 1. Minnesota Statutes 2014, section 16B.24, is amended by adding a subdivision to read:
Subd. 12. State
band. The commissioner must
provide free rehearsal and storage space in the same building in the Capitol
Area to an entity known as the Minnesota State Band, which is a tax-exempt
organization under section 501(c)(3) of the Internal Revenue Code.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2014, section 85.53, subdivision 2, is amended to read:
Subd. 2. Expenditures; accountability. (a) A project or program receiving funding from the parks and trails fund must meet or exceed the constitutional requirement to support parks and trails of regional or statewide significance. A project or program receiving funding from the parks and trails fund must include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the results. A project or program must be consistent with current science and incorporate state-of-the-art technology, except when the project or program is a portrayal or restoration of historical significance.
(b) Money from the parks and trails fund shall be expended to balance the benefits across all regions and residents of the state.
(c) A state agency or other recipient of a direct appropriation from the parks and trails fund must compile and submit all information for funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available.
(d) Grants funded by the parks and trails fund must be implemented according to section 16B.98 and must account for all expenditures. Proposals must specify a process for any regranting envisioned. Priority for grant proposals must be given to proposals involving grants that will be competitively awarded.
(e) Money from the parks and trails fund may only be spent on projects located in Minnesota.
(f) When practicable, a direct recipient of an appropriation from the parks and trails fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information." When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.
(g) Future eligibility for money from the
parks and trails fund is contingent upon a state agency or other recipient
satisfying all applicable requirements in this section, as well as any
additional requirements contained in applicable session law. If the Office of the Legislative Auditor,
in the course of an audit or investigation, publicly reports that a recipient
of money from the parks and trails fund has not complied with the laws, rules,
or regulations in this section or other laws applicable to the recipient, the
recipient must be listed in an annual report to the legislative committees with
jurisdiction over the legacy funds. The
list must be publicly available. The
legislative auditor shall remove a recipient from the list upon determination
that the recipient is in compliance. A
recipient on the list is not eligible for future funding from the parks and
trails fund until the recipient demonstrates compliance to the legislative
auditor.
Sec. 3. Minnesota Statutes 2014, section 97A.056, subdivision 11, is amended to read:
Subd. 11. Recipient requirements. (a) A state agency or other recipient of a direct appropriation from the outdoor heritage fund must compile and submit all information for funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available.
(b) When practicable, a direct recipient of an appropriation from the outdoor heritage fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information." When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.
(c) Future eligibility for money from the
outdoor heritage fund is contingent upon a state agency or other recipient
satisfying all applicable requirements in this section, as well as any additional
requirements contained in applicable session law. If the Office of the Legislative Auditor,
in the course of an audit or investigation, publicly reports that a recipient
of money from the outdoor heritage fund has not complied with the laws, rules,
or regulations in this section or other laws applicable to the recipient, the
recipient must be listed in an annual report to the legislative committees with
jurisdiction over the legacy funds. The
list must be publicly available. The
legislative auditor shall remove a recipient from the list upon determination
that the recipient is in compliance. A
recipient on the list is not eligible for future funding from the outdoor
heritage fund until the recipient demonstrates compliance to the legislative
auditor.
Sec. 4. Minnesota Statutes 2014, section 114D.50, subdivision 4, is amended to read:
Subd. 4. Expenditures; accountability. (a) A project receiving funding from the clean water fund must meet or exceed the constitutional requirements to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater and drinking water from degradation. Priority may be given to projects that meet more than one of these requirements. A project receiving funding from the clean water fund shall include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the results. A project must be consistent with current science and incorporate state-of-the-art technology.
(b) Money from the clean water fund shall be expended to balance the benefits across all regions and residents of the state.
(c) A state agency or other recipient of a direct appropriation from the clean water fund must compile and submit all information for proposed and funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available. Information classified as not public under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the Web site.
(d) Grants funded by the clean water fund must be implemented according to section 16B.98 and must account for all expenditures. Proposals must specify a process for any regranting envisioned. Priority for grant proposals must be given to proposals involving grants that will be competitively awarded.
(e) Money from the clean water fund may only be spent on projects that benefit Minnesota waters.
(f) When practicable, a direct recipient of an appropriation from the clean water fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information." When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.
(g) Future eligibility for money from the
clean water fund is contingent upon a state agency or other recipient
satisfying all applicable requirements in this section, as well as any
additional requirements contained in applicable session law. If the Office of the Legislative Auditor,
in the course of an audit or investigation, publicly reports that a recipient
of money from the clean water fund has not complied with the laws, rules, or
regulations in this section or other laws applicable to the recipient, the
recipient must be listed in an annual report to the legislative committees with
jurisdiction over the legacy funds. The
list must be publicly available. The
legislative auditor shall remove a recipient from the list upon determination
that the recipient is in compliance. A
recipient on the list is not eligible for future funding from the clean water
fund until the recipient demonstrates compliance to the legislative auditor.
(h) Money from the clean water fund may be used to leverage federal funds through execution of formal project partnership agreements with federal agencies consistent with respective federal agency partnership agreement requirements.
Sec. 5. Minnesota Statutes 2014, section 129D.17, subdivision 2, is amended to read:
Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural heritage fund may be spent only for arts, arts education, and arts access, and to preserve Minnesota's history and cultural heritage. A project or program receiving funding from the arts and cultural heritage fund must include measurable outcomes, and a plan for measuring and evaluating the results. A project or program must be consistent with current scholarship, or best practices, when appropriate and must incorporate state-of-the-art technology when appropriate.
(b) Funding from the arts and cultural heritage fund may be granted for an entire project or for part of a project so long as the recipient provides a description and cost for the entire project and can demonstrate that it has adequate resources to ensure that the entire project will be completed.
(c) Money from the arts and cultural heritage fund shall be expended for benefits across all regions and residents of the state.
(d) A state agency or other recipient of a direct appropriation from the arts and cultural heritage fund must compile and submit all information for funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available.
(e) Grants funded by the arts and cultural heritage fund must be implemented according to section 16B.98 and must account for all expenditures of funds. Priority for grant proposals must be given to proposals involving grants that will be competitively awarded.
(f) All money from the arts and cultural heritage fund must be for projects located in Minnesota.
(g) When practicable, a direct recipient of an appropriation from the arts and cultural heritage fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information." When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.
(h) Future eligibility for money from the arts and cultural heritage fund is contingent upon a state agency or other recipient satisfying all applicable requirements in this section, as well as any additional requirements contained in applicable session law. If the Office of the Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient of money from the arts and cultural heritage fund has not complied with the laws, rules, or regulations in this section or other laws applicable to the recipient, the recipient must be listed in an annual report to the legislative committees with jurisdiction over the legacy funds. The list must be publicly available. The legislative auditor shall remove a recipient from the list upon determination that the recipient is in compliance. A recipient on the list is not eligible for future funding from the arts and cultural heritage fund until the recipient demonstrates compliance to the legislative auditor."
Delete the title and insert:
"A bill for an act relating to state government; appropriating money from the outdoor heritage fund, clean water fund, parks and trails fund, and arts and cultural heritage fund; establishing policy on milkweed; modifying provisions of Lessard-Sams Outdoor Heritage Council and Clean Water Council; modifying Water Law; modifying use of legacy funds; modifying previous appropriations; modifying certain grant eligibility; requiring a report; amending Minnesota Statutes 2014, sections 16B.24, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivisions 2, 8, 11, by adding subdivisions; 103A.206; 103B.101, by adding a subdivision; 103C.101, by adding a subdivision; 103C.401, subdivision 1; 103C.501, subdivision 5; 114D.30, subdivision 2; 114D.50, subdivision 4; 129D.17, subdivision 2; Laws 2012, chapter 264, article 1, section 2, subdivision 5; Laws 2013, chapter 137, article 2, section 6; article 3, section 4; Laws 2014, chapter 256, article 1, section 2, subdivision 5; Laws 2014, chapter 295, section 10, subdivision 12; proposing coding for new law in Minnesota Statutes, chapters 84; 103B."
With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.
The report was adopted.
Torkelson from the Committee on Capital Investment to which was referred:
H. F. No. 621, A bill for an act relating to capital investment; modifying and correcting appropriations of general obligation bond proceeds; amending Laws 2014, chapter 294, article 1, sections 4, subdivision 3; 15, subdivision 2; 18, subdivision 4; 21, subdivision 10.
Reported the same back with the following amendments:
Page 1, delete section 1
Page 2, line 20, strike "12600 Ravine Parkway" and insert "8641 80th Street South"
Page 2, strike line 24
Page 2, line 25, strike "Colleges and Universities" and insert "the city of Woodbury"
Page 4, after line 5, insert:
"Sec. 4. Laws 2014, chapter 294, article 1, section 21, subdivision 16, is amended to read:
Subd. 16. Red
Wing - River Renaissance |
|
|
|
1,560,000 |
For a grant to the city of Red Wing for
improvements of a capital nature to the area between Levee Road and the
Mississippi River, extending between Bay Point Drive and Broad Street in Red
Wing. This project includes: reconstruction of Levee Road from Broad
Street to Jackson Street; improvements to storm water, sanitary sewer, and drinking water infrastructure; partial
replacement
of a harbor retaining wall; parking improvements; lighting improvements;
and construction of a segment of the Riverwalk Trail. This grant is not available until the
commissioner of management and budget determines that an equal amount sufficient
to complete the project is committed to it from nonstate sources.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Laws 2014, chapter 295, section 10, subdivision 12, is amended to read:
Subd. 12. St. Paul
- Minnesota Children's Museum |
|
|
|
7,485,000 |
For a grant to the city of St. Paul to
predesign, design, construct, furnish, and equip an expansion and renovation of
the Minnesota Children's Museum. The
expansion and exhibit upgrades should incorporate the latest research on early
learning, allow for new state-of-the art education facilities, and increase the
capacity of visitors to galleries and programming areas. This appropriation is not available until the
commissioner of management and budget has determined that at least an equal
amount $4,000,000 has been committed from nonstate sources. Amounts expended for this project by nonstate
sources since October 1, 2010, shall count toward the nonstate match.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. WEST
METRO EDUCATION PROGRAM; PROPERTY CONVEYANCE.
Subdivision 1. FAIR
School downtown. Notwithstanding
the appropriations of state general obligation bond proceeds in Laws 1994,
chapter 643, section 14, subdivision 7, and Laws 1998, chapter 404, section 5,
subdivision 5, as amended by Laws 1999, chapter 241, article 4, section 20; and
the appropriation of general fund money in Laws 1997, First Special Session
chapter 4, article 2, section 51, subdivision 13, to Joint Powers District No. 6069,
West Metro Education Program, to acquire and better the FAIR School downtown in
Minneapolis, the real and personal property of the FAIR School downtown may be
conveyed to Special School District No. 1, Minneapolis, for operation of a
multidistrict integration facility that serves students in any grade from early
education through grade 12.
Subd. 2. FAIR
School Crystal. Notwithstanding
the appropriation of state general obligation bond proceeds in Laws 1998,
chapter 404, section 5, subdivision 5, as amended by Laws 1999, chapter 241,
article 4, section 20; and the appropriation of general fund money in Laws
1997, First Special Session chapter 4, article 2, section 51, subdivision 13,
and Laws 2000, chapter 492, article 1, section 5, subdivision 2, to Joint
Powers District No. 6069, West Metro Education Program, to acquire and
better the FAIR School Crystal in Crystal, the real and personal property of
the FAIR School Crystal may be conveyed to Independent School District No. 281,
Robbinsdale, for operation of a
multidistrict integration facility that serves students in any grade from early
education through grade 12.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "providing for conveyance of state bond-financed property;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
Torkelson from the Committee on Capital Investment to which was referred:
H. F. No. 622, A bill for an act relating to capital investment; appropriating money for higher education asset preservation and replacement (HEAPR) at the University of Minnesota and Minnesota State Colleges and Universities; authorizing the sale and issuance of state bonds.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The report was adopted.
Davids from the Committee on Taxes to which was referred:
H. F. No. 844, A bill for an act relating to education; providing for funding and policy in early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, standards and assessments, charter schools, special education, facilities and technology, nutrition and accounting, libraries,
early childhood education, prevention, self-sufficiency and lifelong learning, state agencies, and forecast adjustments; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 5A.03; 16A.103, subdivision 1c; 120A.41; 120B.02, subdivision 2; 120B.021, subdivision 4; 120B.022, subdivisions 1, 1a, 1b; 120B.024, subdivision 2; 120B.11, subdivision 1a; 120B.12, subdivision 4a; 120B.125; 120B.13, subdivision 4; 120B.30, subdivisions 1, 1a, 3; 120B.31, subdivision 4; 120B.36, subdivision 1; 121A.17, subdivision 5; 122A.09, subdivision 4, by adding subdivisions; 122A.14, subdivisions 3, 9, by adding a subdivision; 122A.18, subdivisions 2, 7c, 8; 122A.20, subdivision 1; 122A.21, subdivisions 1, 2; 122A.23; 122A.245, subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.31, subdivisions 1, 2; 122A.40, subdivisions 5, 8, 10, 11, 13; 122A.41, subdivisions 2, 5, 6, 14; 122A.414, subdivision 2; 122A.60; 122A.61, subdivision 1; 122A.69; 122A.70, subdivision 1; 123A.24, subdivision 1; 123A.75, subdivision 1; 123B.045; 123B.59, subdivisions 6, 7; 123B.77, subdivision 3; 123B.88, subdivision 1, by adding a subdivision; 124D.041, subdivisions 1, 2; 124D.09, subdivisions 5, 5a, 8, 9, 12; 124D.091, subdivision 1; 124D.10, subdivisions 1, 3, 4, 8, 9, 12, 14, 16, 23, by adding a subdivision; 124D.11, subdivisions 1, 9; 124D.121; 124D.122; 124D.126, subdivision 1; 124D.127; 124D.128, subdivision 1; 124D.13; 124D.135; 124D.16; 124D.165; 124D.531, subdivisions 1, 2, 3; 124D.73, subdivisions 3, 4; 124D.74, subdivisions 1, 3, 6; 124D.75, subdivisions 1, 3, 9; 124D.76; 124D.78; 124D.79, subdivisions 1, 2; 124D.791, subdivision 4; 124D.861; 124D.862; 125A.01; 125A.023, subdivisions 3, 4; 125A.027; 125A.03; 125A.08; 125A.085; 125A.0942, subdivision 3; 125A.21; 125A.28; 125A.63, subdivisions 2, 3, 4, 5; 125A.75, subdivision 9; 125A.76, subdivisions 1, 2c; 125B.26, subdivision 2; 126C.10, subdivisions 1, 2, 2a, 2e, 3, 13a, 18, 24; 126C.13, subdivision 4; 126C.15, subdivisions 1, 2, 3; 126C.17, subdivisions 1, 2; 127A.05, subdivision 6; 127A.49, subdivision 1; 134.355, subdivisions 8, 9, 10; 135A.101, by adding a subdivision; 179A.20, by adding a subdivision; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, as amended, 3, as amended, 4, as amended, 5, as amended, 6, as amended, 7, as amended, 11, as amended; article 3, section 37, subdivisions 3, as amended, 4, as amended, 5, as amended, 20, as amended; article 4, section 9, subdivision 2, as amended; article 5, section 31, subdivisions 2, as amended, 3, as amended, 4, as amended; article 6, section 12, subdivisions 2, as amended, 6, as amended; article 7, sections 19; 21, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section 5, subdivisions 3, as amended, 4, as amended, 14, as amended; Laws 2014, chapter 312, article 16, section 15; proposing coding for new law in Minnesota Statutes, chapters 119A; 122A; 124D; 125A; repealing Minnesota Statutes 2014, sections 120B.128; 122A.40, subdivision 11; 125A.63, subdivision 1; 126C.12, subdivision 6; 126C.13, subdivisions 3a, 3b, 3c; 126C.41, subdivision 1; Minnesota Rules, part 3500.1000.
Reported the same back with the following amendments:
Page 6, line 4, delete "2017" and insert "2016"
Page 14, line 6, delete "6,546,760,000" and insert "6,546,771,000"
Page 14, line 8, delete "$5,923,852,000" and insert "$5,923,863,000"
Page 83, line 26, delete "65,539,000" and insert "62,622,000"
Page 83, line 27, delete "68,745,000" and insert "65,484,000"
Page 83, line 28, delete "$59,157,000" and insert "$56,240,000"
Page 83, line 29, delete "$6,573,000" and insert "$6,249,000" and delete "$62,172,000" and insert "$59,235,000"
Page 84, line 25, delete "2,166,000" and insert "2,157,000"
Page 84, line 26, delete "2,295,000" and insert "2,273,000"
Page 84, line 27, delete "$1,962,000" and insert "$1,953,000"
Page 84, line 28, delete "$218,000" and insert "$216,000" and delete "$2,077,000" and insert "$2,057,000"
Page 88, after line 14, insert:
"Subd. 21. Cancellation;
site decision-making grant. All
unspent funds, estimated at $200,000 for the site decision-making grant program
appropriation under Laws 2013, chapter 116, article 3, section 37, subdivision
19, are canceled to the general fund on June 30, 2015.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 150, after line 26, insert:
"Subd. 7. Cancellation;
IT certificates. All unspent
funds, estimated at $299,000 for the information technology certificate
partnership appropriation under Laws 2014, chapter 312, article 16, section 16,
subdivision 5, are canceled to the general fund on June 30, 2015.
EFFECTIVE DATE. This section is effective the day following final enactment."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 2193, A bill for an act relating to workers' compensation; adopting recommendations of the workers' compensation advisory council regarding inpatient hospital payments; authorizing rulemaking; requiring a report; amending Minnesota Statutes 2014, section 176.136, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 176.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 621 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Petersburg introduced:
H. F. No. 2249, A bill for an act relating to state government; authorizing placement of a plaque or marker on the Capitol grounds to honor workers who constructed the Capitol building; appropriating money.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Johnson, S., introduced:
H. F. No. 2250, A bill for an act relating to workers' compensation; modifying trucking and messenger/courier industries; amending Minnesota Statutes 2014, section 176.043.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Hoppe introduced:
H. F. No. 2251, A bill for an act relating to court fees; amending the fee to renew a judgment on consumer credit transactions; amending Minnesota Statutes 2014, section 357.021, subdivision 2.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.
Howe introduced:
H. F. No. 2252, A bill for an act relating to transportation; capital investment; appropriating money for construction of a roundabout in the city of Cold Spring; 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.
Barrett introduced:
H. F. No. 2253, A bill for an act relating to transportation; appropriating money to reconstruct and expand marked U.S. Highway 8 in Chisago County.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Barrett introduced:
H. F. No. 2254, A bill for an act relating to transportation; capital investment; appropriating money to reconstruct and expand a segment of marked U.S. Highway 8 in Chisago County; 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.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 888.
JoAnne M. Zoff, Secretary of the Senate
FIRST
READING OF SENATE BILLS
S. F. No. 888, A bill for an act relating to the operation of state government; appropriating money for the legislature, governor's office, state auditor, attorney general, secretary of state, certain agencies, boards, councils, retirement funds, military affairs and veterans affairs, and senate building; cancellation of certain appropriations; transferring money to the budget reserve; allowing prepay for certain software and information technology hosting services; limiting a fee or fine increase to ten percent in a biennium; providing reimbursement for reasonable accommodation; modifying grant agreement provisions; making changes to guaranteed energy-savings program, small business requirements, and targeted group businesses; changing certain requirements for the practice of cosmetology; assessing certain costs for Office of Administrative Hearings; changing a rehabilitation or renovation grant from the Minnesota Amateur Sports Commission; changing or establishing certain fees; limiting fire sprinkler requirement in certain dwellings; modifying certain filing requirements for corporations; modifying provisions for accountants; requiring a licensee of the residential trades to give an option to install fire sprinklers; modifying debt service provision for the legislative parking garage; requiring the same room numbers on signage in the Capitol to identify legacy rooms; providing in-lieu of rent evaluation; prohibiting state funds, tax expenditures, or state indebtedness to fund a major league soccer stadium; making changes to provisions for military and veterans affairs; changing provisions covering pari-mutuel horse racing; modifying provisions for cigarette and tobacco license; providing civil penalties; requiring reports; amending Minnesota Statutes 2014, sections 3.8843, subdivision 5; 16A.065; 16A.1283; 16B.97, subdivision 1; 16B.98, subdivisions 1, 11; 16C.144; 16C.16, subdivision 2, by adding a subdivision; 16C.19; 155A.21; 155A.23, subdivision 8, by adding subdivisions; 155A.24, subdivision 2; 155A.25, subdivisions 1a, 5, by adding subdivisions; 155A.27, subdivisions 1, 2, 5a; 155A.271; 155A.29, subdivisions 1, 2, by adding a subdivision; 155A.30, subdivisions 5, 10; 161.1419, subdivision 8; 190.16, by adding a subdivision; 190.19, subdivisions 2a, 3; 192.26, by adding a subdivision; 192.38, subdivision 1; 192.501, by adding a subdivision; 197.133; 198.03, subdivisions 2, 3; 211B.37; 240.01, subdivision 22, by adding subdivisions; 240.011; 240.03; 240.08, subdivisions 2, 4, 5; 240.10; 240.13, subdivisions 5, 6; 240.135; 240.15, subdivisions 1, 6; 240.16, subdivision 1; 240.22; 240.23; 240A.09; 270C.722, subdivision 1; 270C.728, by adding a subdivision; 272.484; 297F.01, subdivision 14; 297F.03, subdivisions 5, 6; 297F.04, subdivision 1; 297F.13, subdivision 4; 297F.19, by adding a subdivision; 297F.20, by adding subdivisions; 297F.21, subdivision 1; 299F.011, by adding a subdivision; 303.19; 304A.301, subdivisions 1, 5, 6, by adding a subdivision; 326A.01, subdivisions 2, 12, 13a, 15, 16; 326A.02, subdivisions 3, 5; 326A.05, subdivisions 1, 3; 326A.08, subdivision 7; 326A.10; 326B.809; 336A.09, subdivision 1; 364.09; 461.12, subdivision 8; Laws 2013, chapter 142, article 1, section 10; Laws 2014, chapter 287, section 25; proposing coding for new law in Minnesota Statutes, chapters 3; 16B; 297F; repealing Minnesota Statutes 2014, sections 155A.23, subdivision 6; 197.131; 197.132; 240.01, subdivisions 12, 23; 297F.185.
The bill was read for the first time and referred to the Committee on Ways and Means.
Peppin moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
CALENDAR FOR THE DAY
H. F. No. 4 was reported to the House.
Kelly moved to amend H. F. No. 4, the second engrossment, as follows:
Page 2, line 28, delete "2,869,033,000" and insert "2,861,533,000"
Page 2, line 35, delete "2,032,000" and insert "2,532,000"
Page 6, after line 7, insert:
"$250,000 in the first year is for
the interchange safety improvement study under article 3, section 60.
$266,000 in each year is available for
grants to metropolitan planning organizations outside the seven-county
metropolitan area.
$900,000 in each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available: (1) to regional development commissions; (2) in regions where no regional development commission is functioning, to joint powers boards established under an agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and (3) in regions where no regional development commission or joint powers board is functioning, to the department's district office for that region."
Page 6, delete lines 15 to 17 and 21 to 33
Page 7, delete lines 1 to 5 and 17 to 22
Page 8, after line 24, insert:
"An amount up to the unexpended balance in the appropriation under Laws 2012, First Special Session chapter 1, article 1, section 4, subdivision 3, is available for the purposes stated in Minnesota Statutes, section 12A.16, subdivision 2."
Page 32, line 11, after "for the" insert "operations and maintenance and" and delete "activity" and insert "activities within the state roads budgetary program"
Page 32, line 14, delete "allocated for" and insert "forecasted for the operations and maintenance and" and before the period, insert "budget activities"
Page 45, line 5, delete "unappropriated reserves" and insert "reserved fund balance"
The motion prevailed and the amendment was adopted.
Kelly moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 2, line 33, delete "768,152,000" and insert "786,152,000"
Page 9, line 30, delete "768,152,000" and insert "786,152,000"
The motion prevailed and the amendment was adopted.
Hornstein moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 46, after line 33, insert:
"Sec. 41. [219.016]
RAILROAD COMPANY ASSESSMENT; ACCOUNT; APPROPRIATION.
(a) As provided in this section, the
commissioner shall annually assess railroad companies that are (1) defined as
common carriers under section 218.011; (2) classified by federal law or
regulation as Class I Railroads or Class I Rail Carriers; and (3) operating in
this state. The total assessment amount
may not exceed $32,500,000 annually.
(b) The assessment must be by a division
of the annual appropriation to the grade crossing safety improvement account in
equal proportion between carriers based on route miles operated in Minnesota,
assessed in equal amounts for 365 days of the calendar year.
(c) The assessments must be deposited in the rail grade crossing safety improvement account, which is created in the special revenue fund. Money in the account is appropriated to the commissioner for the development, administration, and construction of highway-rail grade crossing improvements on rail corridors transporting crude oil, and other selected routes, including those carrying hazardous materials. Improvements may include upgrades to existing protection systems, the closing of crossings and necessary roadwork, and reconstruction of at-grade crossings to full grade separations. Funds in the account are available until expended."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
CALL OF THE HOUSE
On the motion of Thissen and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
All members answered to the call and it was so ordered.
The question recurred on the Hornstein amendment and the roll was called. There were 59 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Atkins
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment was not adopted.
Hornstein moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Pages 45 to 46, delete sections 37 to 40
Page 51, delete section 49
Page 52, delete section 51
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Lesch was excused between the hours of 5:35 p.m. and 7:40 p.m.
The question was taken on the Hornstein amendment and the roll was called. There were 61 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Koznick
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Peterson
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment was not adopted.
Atkins moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 39, line 4, after "(b)" insert "Except as provided in paragraph (c),"
Page 39, after line 6, insert:
"(c) Notwithstanding sections
169.89, subdivision 2; 609.02, subdivision 4a; or 609.0331, a person who is
convicted of:
(1) a second violation under this
section within the 12-month period immediately following a first offense must
pay a fine of $350; and
(2) a third or subsequent violation
under this section within the 12-month period immediately following a second or
subsequent offense must pay a fine of $500.
(d) A court may impound for up to 30 days the wireless communications device owned by a person subject to paragraph (c), clause (2)."
A roll call was requested and properly seconded.
Drazkowski moved to amend the Atkins amendment to H. F. No. 4, the second engrossment, as amended, as follows:
Page 1, after line 1, insert:
"Page 39, line 1, after "motor vehicle" insert "or bicycle"
Page 39, line 3, after "vehicle" insert "or bicycle""
Page 1, line 10, delete "wireless communications device" and insert "motor vehicle or bicycle"
A roll call was requested and properly seconded.
The Speaker called Albright to the Chair.
The question was taken on the Drazkowski amendment to the Atkins amendment and the roll was called. There were 69 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Atkins
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hoppe
Johnson, B.
Kelly
Kiel
Koznick
Kresha
Lohmer
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
McDonald
McNamara
Miller
Nash
Nelson
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Whelan
Wills
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hertaus
Hilstrom
Hornstein
Hortman
Howe
Isaacson
Johnson, C.
Johnson, S.
Kahn
Knoblach
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Loon
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Newton
Norton
Pelowski
Persell
Peterson
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Uglem
Wagenius
Ward
Winkler
Yarusso
Youakim
Zerwas
The motion prevailed and the amendment to the amendment was adopted.
Atkins withdrew his amendment, as amended, to H. F. No. 4, the second engrossment, as amended.
The Speaker resumed the Chair.
Bernardy moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 53, after line 11, insert:
"Sec. 56. ENHANCED
ORGANIZATIONAL EFFECTIVENESS AND INNOVATION REVIEW.
(a) A review and assessment of the
department's organizational structure is required to enhance organizational
effectiveness, encourage prudent allocation of resources, and deliver the
greatest value to Minnesota. This review
and assessment shall be completed by a partnership that includes the Humphrey
School of Public Affairs, Carlson School of Management, and the State Smart
Transportation Initiative at the University of Wisconsin.
(b) A preliminary report of this review
and assessment shall be submitted to the chairs and ranking minority members of
the legislative committees having jurisdiction over transportation policy and
finance by December 15, 2015, with the final report submitted by June 30, 2016.
(c) At a minimum, the review and
assessment shall include:
(1) the relationship of each district,
division, office, and section of the department to the state's transportation
goals under Minnesota Statutes, section 174.01, the department's mission under
Minnesota Statutes, section 174.02, the duties of the commissioner under
Minnesota Statutes, section 174.03, and the annual performance targets under
Minnesota Statutes, section 174.03, subdivision 12;
(2) the budget assigned to each
district, division, office, and section of the department;
(3)
the ratio of employees to supervisors in each district, division, office, and
section of the department;
(4) recommendations identifying best
practices, and comparisons with other state departments of transportation;
(5) recommendations regarding the
appropriate ratio of employees to supervisors for the variety of activities
performed by the department;
(6) recommendations regarding the
appropriate increase in department operations resulting from increases in
capital investments;
(7) recommendations regarding the
appropriate fiscal responsibility assigned to construction inspectors and
engineers;
(8) recommendations regarding the
appropriate, fiscally constrained size of the trunk highway system; and
(9) recommendations regarding how to
achieve the appropriate, fiscally constrained size of the trunk highway system.
EFFECTIVE DATE. This section is effective July 1, 2015."
Renumber the sections in sequence
Amend the title accordingly
A roll call was requested and properly seconded.
Bernardy moved to amend the Bernardy amendment to H. F. No. 4, the second engrossment, as amended, as follows:
Page 1, after line 1, insert:
"Page 6, line 4, delete "30,079,000" and insert "30,379,000"
Page 6, after line 7, insert:
"$300,000 in fiscal year 2016 is for grants to implement the enhanced organizational effectiveness and innovation review under article 3, section 56.""
Correct the subdivision and section totals and the appropriations by fund
A roll call was requested and properly seconded.
The question was taken on the Bernardy amendment to the Bernardy amendment and the roll was called. There were 60 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Uglem
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Bernardy amendment and the roll was called. There were 60 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Uglem
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment was not adopted.
Bernardy moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 44, after line 26, insert:
"Sec. 35. Minnesota Statutes 2014, section 174.03, is amended by adding a subdivision to read:
Subd. 12. Trunk
highway system performance; stewardship and sustainability required. (a) The commissioner shall develop a
performance, stewardship, and sustainability plan for the trunk highway system to
improve the condition of the existing infrastructure and enhance the
effectiveness of the transportation system.
(b) The trunk highway system
performance, stewardship, and sustainability plan shall include strategies to
achieve the state transportation goals for the trunk highway system defined in
section 174.01 and comply with all other applicable Minnesota and federal
statutes.
(c) The trunk highway system
performance, stewardship, and sustainability plan must include all
transportation modes and all infrastructure assets within trunk highway
corridor rights-of-way. At a minimum,
the plan shall include:
(1) quantity and quality of assets,
including but not limited to bridge, pavement, geotechnical, pedestrian,
bicycle, and transit assets;
(2) predictive and consequential
measures of performance, stewardship, and sustainability, identified in
consultation with the public;
(3) annual performance targets for each
performance measure, to be achieved by each district of the department, which
must comply with the following:
(i) state transportation goals defined
in section 174.01 and all other applicable Minnesota and federal statutes;
(ii) United States Department of
Transportation regulations under Code of Federal Regulations, title 23, part
490; and
(iii) additional performance targets
identified in consultation with the public;
(4) identification and explanation of
the performance gap between target and current status;
(5) life cycle, risk, and health impact
assessments for projects in each district of the department, which at a minimum
shall include:
(i) identification of the expected and
potential material and energy inputs, including costs;
(ii) identification of the expected and
potential material and energy outputs, including costs; and
(iii) assessment of the safety, health,
economic, social, and environmental impacts associated with the inputs and
outputs;
(6) an annual investment plan for each
district of the department based on funding expected during the next ten years,
which describes strategic investments that produce the best long-term value to
Minnesota and enhance safety, health, mobility, and economic well-being; and
(7)
a sustainability plan for each district of the department that recommends
specific trunk highway segments to be removed from the trunk highway system and
specific local road segments to be added to the trunk highway system, in order
to optimize financial sustainability. A
sustainability plan under this clause must include a funding maintenance plan
for the segments added to and removed from the trunk highway system.
(d) The commissioner shall submit the
trunk highway system performance, stewardship, and sustainability plan, which
shall be signed by a professional engineer licensed in Minnesota, to the chairs
and ranking minority members of the legislative committees having jurisdiction
over transportation policy and finance every year by December 15.
EFFECTIVE DATE. This section is effective July 1, 2015. The initial performance, stewardship, and sustainability plan under this section is due December 15, 2016."
Renumber the sections in sequence and correct the internal references
A roll call was requested and properly seconded.
Bernardy moved to amend the Bernardy amendment to H. F. No. 4, the second engrossment, as amended, as follows:
Page 1, after line 1, insert:
"Page 6, line 4, delete "30,079,000" and insert "39,291,000"
Page 6, after line 7, insert:
"$9,212,000 in fiscal year 2016 is for the performance, stewardship, and sustainability plan under Minnesota Statutes, section 174.03, subdivision 12. This appropriation is available in the second year.""
Correct the subdivision and section totals and the appropriations by fund
A roll call was requested and properly seconded.
The question was taken on the Bernardy amendment to the Bernardy amendment and the roll was called. There were 58 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment to the amendment was not adopted.
CALL OF THE HOUSE LIFTED
Dean, M., moved that the call of the House be lifted. The motion prevailed and it was so ordered.
The question recurred on the Bernardy amendment and the roll was called. There were 59 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment was not adopted.
Kahn moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 55, after line 10, insert:
"Sec. 62. NORTHSTAR
COMMUTER RAIL EXTENSION STUDY.
The Metropolitan Council shall submit a
report on extension of the Northstar commuter rail line from Big Lake to the St. Cloud
area, to the chairs and ranking minority members of the legislative committees
with jurisdiction over transportation policy and finance. At a minimum, the report must summarize the
project, identify cost estimates and potential funding sources, estimate
impacts on ridership, and include a proposed timeline for implementation if the
project is funded.
EFFECTIVE DATE; APPLICATION. This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Kahn amendment and the roll was called. There were 59 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Knoblach
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Persell
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Theis
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment was not adopted.
The Speaker called Garofalo to the Chair.
Melin moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 29, after line 4, insert:
"Sec. 6. [16B.235]
PUBLIC WORKS PROJECTS; USE AND SUPPLY OF AMERICAN STEEL PRODUCTS.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b) "American steel products"
means products rolled, formed, shaped, drawn, extruded, forged, cast,
fabricated, or otherwise similarly processed, or processed by a combination of
two or more of these operations, from steel made in the United States by the
open hearth, basic oxygen, electric furnace, Bessemer, or other steel-making
process.
(c) "Public agency" includes: (1) the state, or an agency, department, or
institution of the state; and (2) any city or other municipal corporation,
political subdivision, governmental unit, or public corporation created by or
pursuant to state law.
(d) "Public funds" includes
legislative appropriations and local or state tax revenue.
(e) "Public works" means a
public structure, building, highway, waterway, street, bridge, transit system,
airport, or other betterment, work, or improvement, whether of a permanent or
temporary nature and whether for governmental or proprietary use.
Subd. 2. Requirement. A contract for the construction,
reconstruction, alteration, repair, improvement, or maintenance of public works
financed in whole or in part by public funds must contain a provision that all
steel products used or supplied in the performance of the contract and any
related subcontract must be American steel products.
Subd. 3. Nonapplication. This section does not apply if the
public agency entering into the contract determines, in writing, that American
steel products are not produced in, or available in, sufficient quantity to
meet the requirements of the contract.
EFFECTIVE DATE; APPLICATION. This section is effective the day following final enactment and applies to contracts entered into on and after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Melin offered an amendment to the Melin amendment to H. F. No. 4, the second engrossment, as amended.
POINT OF ORDER
Kresha raised a point of order pursuant to section 401, paragraph 2, of "Mason's Manual of Legislative Procedure," relating to Frivolous and Improper Amendments. Speaker pro tempore Garofalo ruled the point of order well taken and the Melin amendment to the Melin amendment out of order.
Melin withdrew her amendment to H. F. No. 4, the second engrossment, as amended.
CALL OF THE HOUSE
On the motion of Peppin and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
Peppin moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
The Speaker resumed the Chair.
Hornstein offered an amendment to H. F. No. 4, the second engrossment, as amended.
POINT OF ORDER
Peppin raised a point of order pursuant to rule 3.21 that the Hornstein amendment was not in order. The Speaker ruled the point of order well taken and the Hornstein amendment out of order.
Kahn moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 41, after line 16, insert:
"Sec. 27. Minnesota Statutes 2014, section 169.79, subdivision 6, is amended to read:
Subd. 6. Other
motor vehicles. If the motor vehicle
is any kind of motor vehicle other than those provided for in subdivisions 2 to 4 3a,
(1) one plate must be displayed on the front and one on the rear
of the vehicle, and (2) one plate may be displayed on the
front of the vehicle at the discretion of the owner."
Page 58, after line 35, insert:
"Sec. 64. REPEALER.
Minnesota Statutes 2014, section
169.79, subdivision 4, is repealed."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Atkins moved to amend H. F. No. 4, the second engrossment, as amended, as follows:
Page 41, after line 16, insert:
"Sec. 28. Minnesota Statutes 2014, section 169.79, subdivision 4, is amended to read:
Subd. 4. Collector's
vehicle Optional front plate for certain vehicles. One plate must be displayed on the
rear of the vehicle, and one plate may be displayed on the front of the vehicle
at the discretion of the owner, if the vehicle is:
(1) a collector's vehicle with a pioneer, classic car, collector, or street rod license;
(2) a vehicle that meets the requirements of
a pioneer, classic, or street rod vehicle except that the vehicle is used for
general transportation purposes; or
(3) a vehicle that is of model year 1972 or
earlier, not registered under section 168.10, subdivision 1c, and is used for
general transportation purposes; or, then one plate must be displayed
on the rear of the vehicle, or one plate on the front and one on the rear, at
the discretion of the owner
(4) a vehicle that was originally
manufactured without a specifically designed location for plate placement on
the front, excluding vehicles provided for in subdivisions 3, 3a, and 5."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Melin offered an amendment to H. F. No. 4, the second engrossment, as amended.
POINT OF ORDER
Kresha raised a point of order pursuant to rule 3.21 that the Melin amendment was not in order. The Speaker ruled the point of order well taken and the Melin amendment out of order.
Melin appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 72 yeas and 60 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
So it was the judgment of the House that the decision of the Speaker should stand.
CALL OF THE HOUSE LIFTED
Peppin moved that the call of the House be lifted. The motion prevailed and it was so ordered.
H. F. No. 4,
A bill for an act relating to transportation; establishing a budget for
transportation; appropriating money for transportation, including Department of
Transportation, Metropolitan Council, and Department of Public Safety
activities; amending various provisions governing transportation policy and
finance; establishing funds and accounts; requiring reports; authorizing sale
and issuance of trunk highway bonds; amending Minnesota Statutes 2014, sections
16A.11, subdivision 3a; 16A.86, subdivision 2; 16A.88, subdivisions 1a, 2;
16E.15, subdivision 2; 117.036, subdivisions 2, 4; 160.20, subdivision 4;
160.27, by adding a subdivision; 161.04, by adding a subdivision; 161.231; 161.321, subdivisions 2a, 2c, 4; 162.07,
subdivision 1a; 168.053, subdivision 1; 168.1299, subdivision 1; 169.475,
subdivision 2; 169.49; 169.782, subdivisions 1, 2, 4; 169.79, subdivision 4;
169.81, by adding a subdivision; 169.865
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 73 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
The bill was passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
Uglem moved that the name of Mullery be added as an author on H. F. No. 834. The motion prevailed.
Franson moved that the name of Selcer be added as an author on H. F. No. 869. The motion prevailed.
Hertaus moved that the name of Masin be added as an author on H. F. No. 1048. The motion prevailed.
Garofalo moved that the name of Atkins be added as an author on H. F. No. 1085. The motion prevailed.
Loonan moved that the name of Masin be added as an author on H. F. No. 1099. The motion prevailed.
Mack moved that the name of O'Neill be added as an author on H. F. No. 1246. The motion prevailed.
McNamara moved that the name of Kresha be added as an author on H. F. No. 1298. The motion prevailed.
Backer moved that the name of Hoppe be added as an author on H. F. No. 1800. The motion prevailed.
Bly moved that the names of Freiberg, Schultz and Newton be added as authors on H. F. No. 2029. The motion prevailed.
Zerwas moved that the name of Johnson, C., be added as an author on H. F. No. 2126. The motion prevailed.
Hortman moved that the names of Clark and Erhardt be added as authors on H. F. No. 2247. The motion prevailed.
Lesch was excused for the remainder of today's session.
MOTION TO SUSPEND RULES
Miller moved that the rules of the House be so far suspended that H. F. No. 1451 be recalled from the Committee on Agriculture Finance, be given its second and third readings and be placed upon its final passage.
A roll call was requested and properly seconded.
The question was taken on the Miller motion and the roll was called. There were 76 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Johnson, C.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Marquart
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Persell
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
Not having received the required two-thirds vote, the motion did not prevail.
Thissen moved that the House revert to the order of business Consideration of Messages from the Senate.
A roll call was requested and properly seconded.
The question was taken on the Thissen motion and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
The motion prevailed.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2225, A bill for an act relating to agriculture; appropriating money for avian influenza emergency response activities.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Bly moved that the House concur in the Senate amendments to H. F. No. 2225 and that the bill be repassed as amended by the Senate.
A roll call was requested and properly seconded.
Hamilton moved that the House refuse to concur in the Senate amendments to H. F. No. 2225, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.
A roll call was requested and properly seconded.
The question was taken on the Hamilton motion and the roll was called. There were 73 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schoen
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
The motion prevailed.
Pursuant to rule 1.50, Peppin moved that the House be allowed to continue in session after 12:00 midnight. The motion prevailed.
MOTION TO SUSPEND RULES
Metsa moved that the rules of the House be so far suspended that H. F. No. 1585 be recalled from the Committee on Government Operations and Elections Policy, be given its second and third readings and be placed upon its final passage.
A roll call was requested and properly seconded.
The question was taken on the Metsa motion and the roll was called. There were 63 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Baker
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lueck
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rarick
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Uglem
Wagenius
Ward
Winkler
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2225:
Bly, Hamilton and Miller.
ADJOURNMENT
Peppin moved that when the House adjourns today it adjourn until 9:30 a.m., Wednesday, April 22, 2015. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Wednesday, April 22, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives