STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2016
_____________________
NINETY-NINTH
DAY
Saint Paul, Minnesota, Friday, May
13, 2016
The House of Representatives convened at
9:00 a.m. and was called to order by Joe Hoppe, Speaker pro tempore.
Prayer was offered by Pastor Dan Carlson,
Retired Police Chief of the Eden Prairie Police Department and Chaplain of the
Minnesota Law Enforcement Memorial Association, Excelsior, 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, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
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
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Anderson, M.; Loonan; Melin and Ward were
excused.
The colors were presented by officers from
the Minnesota State Patrol in recognition of Police Week beginning on May 15,
2016 and Peace Officer’s Memorial Day on Sunday, May 15, 2016.
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.
The Speaker assumed the Chair.
REPORTS OF CHIEF CLERK
S. F. No. 1474 and H. F. No. 1582, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Zerwas moved that S. F. No. 1474 be substituted for H. F. No. 1582 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2603 and H. F. No. 2742, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Daniels moved that S. F. No. 2603 be substituted for H. F. No. 2742 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3589 and H. F. No. 3959, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Smith moved that S. F. No. 3589 be substituted for H. F. No. 3959 and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Anderson, S., from the Committee on State Government Finance to which was referred:
H. F. No. 3549, A bill for an act relating to elections; establishing a presidential primary; modifying provisions related to the precinct caucuses; making technical and conforming changes; amending Minnesota Statutes 2014, sections 201.091, subdivision 4; 202A.14, subdivision 1; 202A.18, subdivision 2a; 204B.14, subdivisions 2, 4; 204C.10; 204D.09, subdivision 1; Minnesota Statutes 2015 Supplement, section 204C.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 207A.
Reported the same back with the following amendments:
Page 8, line 5, delete everything after the period and insert "As part of the secretary of state's budget request for a biennium in which a presidential primary will occur, the secretary shall include an estimate of the total amount of local costs for conducting the presidential primary that are expected to be eligible for reimbursement under subdivision 2."
Page 8, delete lines 6 and 7
Page 8, delete subdivision 2 and insert:
"Subd. 2. Reimbursable expenses. The following expenses are eligible for reimbursement: preparation and printing of ballots; postage for absentee ballots; publication of the sample ballot; preparation of polling places; preparation of electronic voting systems; compensation for temporary staff or overtime payments; salaries of election judges; and compensation of county canvassing board members."
With the recommendation that when so amended the bill be placed on the General Register.
The report was adopted.
Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 3549 was re‑referred to the Committee on Rules and Legislative Administration.
SECOND READING OF SENATE BILLS
S. F. Nos. 1474, 2603 and 3589 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Isaacson; Mahoney; Hausman; Johnson, S.; Schoen; Ward; Yarusso; Moran; Pinto; Masin; Lillie; Lesch; Hansen; Davids and Dean, M., introduced:
H. F. No. 4007, A bill for an act relating to transportation; sales and use tax; amending allocation requirements for the metropolitan area transportation sales tax; amending Minnesota Statutes 2014, section 297A.992, subdivision 6.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Freiberg, Kahn, Halverson, Liebling, Simonson, Loeffler, Bernardy, Schultz, Considine and Murphy, E., introduced:
H. F. No. 4008, A bill for an act relating to health; prohibiting the use of tobacco, tobacco-related devices, and electronic cigarettes in sports stadiums; amending Minnesota Statutes 2014, sections 144.412; 144.413, by adding a subdivision; 144.417, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Lesch; Dettmer; Howe; Johnson, B.; Newton and Persell introduced:
H. F. No. 4009, A resolution memorializing Congress to pass the National Guard 12304b Benefits Parity Act.
The bill was read for the first time and referred to the Veterans Affairs Division.
Dean, M.; Runbeck and Hausman introduced:
H. F. No. 4010, A bill for an act relating to transportation; providing loan forgiveness for certain railroad bridge work.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1066, A bill for an act relating to telecommunications; providing for competitive market regulation for certain local exchange carriers; providing for informal review and resolution of disputes; prohibiting certain call routing practices; providing for registration of wholesale transport providers; amending Minnesota Statutes 2014, sections 237.01, by adding subdivisions; 237.121; 237.49; proposing coding for new law in Minnesota Statutes, chapter 237.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3014, A bill for an act relating to motor vehicles; establishing regulations for autocycles; amending Minnesota Statutes 2014, sections 169.011, subdivision 44, by adding a subdivision; 169.686, subdivision 1; 169.974, subdivisions 2, 3, 4, 5; 171.01, by adding a subdivision; 171.02, subdivision 2.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3175, A bill for an act relating to public safety; requiring criminal history background checks for driving instructor license applicants; amending Minnesota Statutes 2014, section 171.35.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3423, A bill for an act relating to public safety; providing for an advisory group on statewide criminal and juvenile justice information policy and funding issues; amending Minnesota Statutes 2014, section 299C.65.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 2649, 2759, 2815, 3064 and 3208.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2649, A bill for an act relating to criminal justice; expanding the damage to energy transmission or telecommunications equipment crime; amending Minnesota Statutes 2014, section 609.593, subdivision 1.
The bill was read for the first time.
Anderson, P., moved that S. F. No. 2649 and H. F. No. 3082, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2759, A bill for an act relating to game and fish; modifying penalties for gross overlimits; providing criminal penalties; amending Minnesota Statutes 2014, sections 97A.201, subdivision 2, by adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, subdivision 2a.
The bill was read for the first time.
Hackbarth moved that S. F. No. 2759 and H. F. No. 2845, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2815, A bill for an act relating to corrections; authorizing Department of Corrections access to employment data for research of effectiveness of employment programming for offenders in the community; amending Minnesota Statutes 2014, section 268.19, subdivision 1.
The bill was read for the first time.
Scott moved that S. F. No. 2815 and H. F. No. 3478, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3064, A bill for an act relating to state government; prohibiting an agency from procuring goods or services from persons that fail to disclose as required by federal law information relating to conflict minerals originating in the Democratic Republic of the Congo or its neighboring countries; requiring an agency to provide notice of the prohibition in any solicitation for goods or services; proposing coding for new law in Minnesota Statutes, chapter 16C.
The bill was read for the first time and referred to the Committee on State Government Finance.
S. F. No. 3208, A bill for an act relating to human services; creating a legislative task force on child care; requiring a report to the legislature and the governor.
The bill was read for the first time.
Franson moved that S. F. No. 3208 and H. F. No. 3436, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, May 16, 2016 and established a prefiling requirement for amendments offered to the following bills:
H. F. Nos. 1291, 1495, 2841, 2844, 3211 and 3333; and S. F. Nos. 498, 1440, 2713, 2802, 3018 and 3368.
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.
Garofalo was excused between the hours of 11:30 a.m. and 1:10 p.m.
There being no
objection, the order of business reverted to Reports of Standing Committees and
Divisions.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Peppin from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 3549, A bill for an act relating to elections; establishing a presidential primary; modifying provisions related to the precinct caucuses; making technical and conforming changes; amending Minnesota Statutes 2014, sections 201.091, subdivision 4; 202A.14, subdivision 1; 202A.18, subdivision 2a; 204B.14, subdivisions 2, 4; 204C.10; 204D.09, subdivision 1; Minnesota Statutes 2015 Supplement, section 204C.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 207A.
Reported the same back with the recommendation that the bill be placed on the General Register.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The report was adopted.
SECOND
READING OF HOUSE BILLS
H. F. No. 3549 was read for the second time.
The following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 1036
A bill for an act relating to health care; modifying provisions related to physician assistants; amending Minnesota Statutes 2014, sections 147A.01, subdivisions 17a, 23; 147A.20, subdivisions 1, 2; repealing Minnesota Statutes 2014, section 147A.01, subdivision 5.
May 5, 2016
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 1036 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1036 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 147A.01, subdivision 17a, is amended to read:
Subd. 17a. Physician-physician
assistant delegation agreement. "Physician-physician
assistant delegation agreement" means the document prepared and signed by
the physician and physician assistant affirming the supervisory relationship
and defining the physician assistant scope of practice. Alternate supervising physicians must be
identified on the delegation agreement or a supplemental listing with signed
attestation that each shall accept full medical responsibility for the
performance, practice, and activities of the physician assistant while under
the supervision of the alternate supervising physician. The physician-physician assistant delegation
agreement outlines the role of the physician assistant in the practice,
describes the means of supervision, and specifies the categories of drugs,
controlled substances, and medical devices that the supervising physician
delegates to the physician assistant to prescribe. The physician-physician assistant delegation
agreement must comply with the requirements of section 147A.20, be kept on file
at the address of record, and be made available to the board or its
representative upon request.
Sec. 2. Minnesota Statutes 2014, section 147A.01, subdivision 23, is amended to read:
Subd. 23. Supervising
physician. "Supervising
physician" means a Minnesota licensed physician who accepts full medical
responsibility for the performance, practice, and activities of a physician
assistant under an agreement as described in section 147A.20. The supervising physician who completes
and signs the delegation agreement may be referred to as the primary
supervising physician. A supervising
physician shall not supervise more than five full‑time equivalent
physician assistants simultaneously. With
the approval of the board, or in a disaster or emergency situation pursuant to
section 147A.23, a supervising physician may supervise more than five full-time
equivalent physician assistants simultaneously.
Sec. 3. Minnesota Statutes 2014, section 147A.20, subdivision 1, is amended to read:
Subdivision 1. Physician-physician assistant delegation agreement. (a) A physician assistant and supervising physician must sign a physician-physician assistant delegation agreement which specifies scope of practice and manner of supervision as required by the board. The agreement must contain:
(1) a description of the practice setting;
(2) a listing of categories of delegated duties;
(3) a description of supervision type; and
(4) a description of the process and schedule for review of prescribing, dispensing, and administering legend and controlled drugs and medical devices by the physician assistant authorized to prescribe.
(b) The agreement must be maintained by the supervising physician and physician assistant and made available to the board upon request. If there is a delegation of prescribing, administering, and dispensing of legend drugs, controlled substances, and medical devices, the agreement shall include a description of the prescriptive authority delegated to the physician assistant. Physician assistants shall have a separate agreement for each place of employment. Agreements must be reviewed and updated on an annual basis. The supervising physician and physician assistant must maintain the physician-physician assistant delegation agreement at the address of record.
(c) Physician assistants must provide written notification to the board within 30 days of the following:
(1) name change;
(2) address of record change; and
(3) telephone number of record change.
(d) Any alternate supervising
physicians must be identified in the physician-physician assistant delegation
agreement, or a supplemental listing, and must sign the agreement attesting
that they shall provide the physician assistant with supervision in compliance
with this chapter, the delegation agreement, and board rules.
Sec. 4. Minnesota Statutes 2014, section 147A.20, subdivision 2, is amended to read:
Subd. 2. Notification
of intent to Practice location notification. A licensed physician assistant shall
submit a notification of intent to practice location notification
to the board prior to beginning within 30 business days of starting
practice, changing practice location, or changing supervising physician. The notification shall include the name,
business address, and telephone number of the supervising physician and the
physician assistant. Individuals who
practice without submitting a notification of intent to practice location
notification shall be subject to disciplinary action under section 147A.13
for practicing without a license, unless the care is provided in response to a
disaster or emergency situation pursuant to section 147A.23.
Sec. 5. Minnesota Statutes 2014, section 147D.05, subdivision 1, is amended to read:
Subdivision 1. Practice standards. (a) A licensed traditional midwife shall provide an initial and ongoing screening to ensure that each client receives safe and appropriate care. A licensed traditional midwife shall only accept and provide care to those women who are expected to have a normal pregnancy, labor, and delivery. As part of the initial screening to determine whether any contraindications are present, the licensed traditional midwife must take a detailed health history that includes the woman's social, medical, surgical, menstrual, gynecological,
contraceptive, obstetrical, family, nutritional, and drug/chemical use histories. If a licensed traditional midwife determines at any time during the course of the pregnancy that a woman's condition may preclude attendance by a traditional midwife, the licensed traditional midwife must refer the client to a licensed health care provider. As part of the initial and ongoing screening, a licensed traditional midwife must provide or recommend that the client receive the following services, if indicated, from an appropriate health care provider:
(1) initial laboratory pregnancy screening, including blood group and type, antibody screen, Indirect Coombs, rubella titer, CBC with differential and syphilis serology;
(2) gonorrhea and chlamydia cultures;
(3) screening for sickle cell;
(4) screening for hepatitis B and human immunodeficiency virus (HIV);
(5) maternal serum alpha-fetoprotein test and ultrasound;
(6) Rh antibody and glucose screening at 28 weeks gestation;
(7) mandated newborn screening;
(8) Rh screening of the infant for maternal RhoGAM treatment; and
(9) screening for premature labor.
(b) A client must make arrangements to have the results of any of the tests described in paragraph (a) sent to the licensed traditional midwife providing services to the client. The licensed traditional midwife must include these results in the client's record.
Sec. 6. Minnesota Statutes 2014, section 147D.09, is amended to read:
147D.09
LIMITATIONS OF PRACTICE.
(a) A licensed traditional midwife shall not prescribe, dispense, or administer prescription drugs, except as permitted under paragraph (b).
(b) A licensed traditional midwife may administer vitamin K either orally or through intramuscular injection, maternal RhoGAM treatment, postpartum antihemorrhagic drugs under emergency situations, local anesthetic, oxygen, and a prophylactic eye agent to the newborn infant.
(c) A licensed traditional midwife shall not perform any operative or surgical procedures except for suture repair of first- or second-degree perineal lacerations.
Sec. 7. Minnesota Statutes 2015 Supplement, section 147D.13, subdivision 2, is amended to read:
Subd. 2. Practice report. (a) A licensed traditional midwife must compile a summary report on each client. The report must include the following:
(1) vital records;
(2) scope of care administered;
(3) whether the medical consultation plan was implemented; and
(4) any physician or other health care provider referrals made.
(b) The board or advisory council may review these reports at any time upon request.
Sec. 8. Minnesota Statutes 2014, section 147D.25, subdivision 1, is amended to read:
Subdivision 1. Membership. The board shall appoint a five-member
Advisory Council on Licensed Traditional Midwifery. One member shall be a licensed physician
who has been or is currently consulting with licensed traditional midwives,
appointed from a list of names submitted to the board by the Minnesota Medical
Association. One member shall be
a licensed physician who has been or is currently consulting or collaborating
with licensed traditional midwives appointed from a list of names submitted to
the board by the Minnesota Council of Certified Professional Midwives or its
successors. Three members shall be
licensed traditional midwives appointed from a list of names submitted to the
board by Midwifery Now and the Minnesota Council of Certified Professional
Midwives or their successors. One
member shall be a home birth parent of a child born under the care of
a licensed traditional midwife appointed from a list of names submitted to
the board by Minnesota Families for Midwifery, or its successor.
Sec. 9. Minnesota Statutes 2014, section 148.271, is amended to read:
148.271
EXEMPTIONS.
The provisions of sections 148.171 to 148.285 shall not prohibit:
(1) The furnishing of nursing assistance in an emergency.
(2) The practice of advanced practice, professional, or practical nursing by any legally qualified advanced practice, registered, or licensed practical nurse of another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of official duties.
(3) The practice of any profession or occupation licensed by the state, other than advanced practice, professional, or practical nursing, by any person duly licensed to practice the profession or occupation, or the performance by a person of any acts properly coming within the scope of the profession, occupation, or license.
(4) The provision of a nursing or nursing-related service by an unlicensed assistive person who has been delegated or assigned the specific function and is supervised by a registered nurse or monitored by a licensed practical nurse.
(5) The care of the sick with or without compensation when done in a nursing home covered by the provisions of section 144A.09, subdivision 1.
(6) Professional nursing practice or advanced practice registered nursing practice by a registered nurse or practical nursing practice by a licensed practical nurse licensed in another state or territory who is in Minnesota as a student enrolled in a formal, structured course of study, such as a course leading to a higher degree, certification in a nursing specialty, or to enhance skills in a clinical field, while the student is practicing in the course.
(7) Professional or practical nursing practice by a student practicing under the supervision of an instructor while the student is enrolled in a nursing program approved by the board under section 148.251.
(8) Advanced practice registered nursing as defined in section 148.171, subdivisions 5, 10, 11, 13, and 21, by a registered nurse who is licensed and currently registered in Minnesota or another United States jurisdiction and who is enrolled as a student in a formal graduate education program leading to eligibility for certification and licensure as an advanced practice registered nurse.
(9) Professional nursing practice or
advanced practice registered nursing practice by a registered nurse or advanced
practice registered nurse licensed in another state, territory, or jurisdiction
who is in Minnesota temporarily:
(i) providing continuing or in-service education;
(ii) serving as a guest lecturer;
(iii) presenting at a conference; or
(iv) teaching didactic content via
distance education to a student located in Minnesota who is enrolled in a
formal, structured course of study, such as a course leading to a higher degree
or certification in a nursing specialty.
Sec. 10. Minnesota Statutes 2014, section 214.077, is amended to read:
214.077
TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS HARM.
(a) Notwithstanding any provision of a
health-related professional practice act, when a health-related licensing board
receives a complaint regarding a regulated person and has probable cause to
believe that the regulated person has violated a statute or rule that the
health-related licensing board is empowered to enforce, and continued
practice by the regulated person presents an imminent risk of serious
harm, the health-related licensing board shall issue an order
temporarily suspend suspending the regulated person's professional
license authority to practice.
The temporary suspension order shall take effect upon
written notice to the regulated person and shall specify the reason for the
suspension., including the statute or rule alleged to have been violated. The temporary suspension order shall take
effect upon personal service on the regulated person or the regulated person's
attorney, or upon the third calendar day after the order is served by first
class mail to the most recent address provided to the health-related licensing
board for the regulated person or the regulated person's attorney.
(b) The temporary suspension shall
remain in effect until the appropriate health-related licensing
board or the commissioner completes an investigation, holds a contested case
hearing pursuant to the Administrative Procedure Act, and issues a final
order in the matter after a hearing as provided for in this section.
(c) At the time it issues the temporary
suspension notice order, the appropriate health-related
licensing board shall schedule a disciplinary contested case
hearing, on the merits of whether discipline is warranted, to be held before
the licensing board or pursuant to the Administrative Procedure Act. The regulated person shall be provided with
at least ten days' notice of any contested case hearing held pursuant to
this section. The contested case
hearing shall be scheduled to begin no later than 30 days after issuance
the effective service of the temporary suspension order.
(d) The administrative law judge
presiding over the contested case hearing shall issue a report and
recommendation to the health-related licensing board no later than 30 days
after the final day of the contested case hearing. The health-related licensing board shall
issue a final order pursuant to sections 14.61 and 14.62 within 30 days
of receipt of the administrative law judge's report and recommendations. Except as provided in paragraph (e), if the
health-related licensing board has not issued a final order pursuant to
sections 14.61 and 14.62 within 30 days of receipt of the administrative law
judge's report and recommendations, the temporary suspension shall be lifted.
(d)
(e) If the board has not completed its investigation and issued a
final order within 30 days, the temporary suspension shall be lifted, unless
the regulated person requests a delay in the disciplinary proceedings for any
reason, upon which the temporary suspension shall remain in place until the
completion of the investigation. the regulated person requests a delay
in the contested case proceedings provided for in paragraphs (c) and (d) for
any reason, the temporary suspension shall remain in effect until the
health-related licensing board issues a final order pursuant to sections 14.61
and 14.62.
(f) This section shall not apply to the
Office of Unlicensed Complementary and Alternative Health Practice established
under section 146A.02. The commissioner
of health shall conduct temporary suspensions for complementary and alternative
health care practitioners in accordance with section 146A.09.
Sec. 11. Minnesota Statutes 2014, section 214.10, subdivision 2, is amended to read:
Subd. 2. Investigation
and hearing. The designee of the
attorney general providing legal services to a board shall evaluate the
communications forwarded by the board or its members or staff. If the communication alleges a violation of
statute or rule which the board is to enforce, the designee is empowered to
investigate the facts alleged in the communication. In the process of evaluation and
investigation, the designee shall consult with or seek the assistance of the
executive director, executive secretary, or, if the board determines, a member
of the board who has been appointed by the board to assist the designee. The designee may also consult with or seek
the assistance of any other qualified persons who are not members of the board
who the designee believes will materially aid in the process of evaluation or
investigation. The executive director,
executive secretary, or the consulted board member may attempt to correct
improper activities and redress grievances through education, conference,
conciliation and persuasion, and in these attempts may be assisted by the
designee of the attorney general. If the
attempts at correction or redress do not produce satisfactory results in the
opinion of the executive director, executive secretary, or the consulted board
member, or if after investigation the designee providing legal services to the
board, the executive director, executive secretary, or the consulted board
member believes that the communication and the investigation suggest illegal or
unauthorized activities warranting board action, the person having the belief
shall inform the executive director or executive secretary of the board who
shall schedule a disciplinary contested case hearing in
accordance with chapter 14. Before
directing the holding of a disciplinary contested case hearing,
the executive director, executive secretary, or the designee of the attorney
general shall have considered the recommendations of the consulted board member. Before scheduling a disciplinary contested
case hearing, the executive director or executive secretary must have
received a verified written complaint from the complaining party. A board member who was consulted during the
course of an investigation may participate at the hearing but may not vote on
any matter pertaining to the case. The
executive director or executive secretary of the board shall promptly inform
the complaining party of the final disposition of the complaint. Nothing in this section shall preclude the
board from scheduling, on its own motion, a disciplinary contested
case hearing based upon the findings or report of the board's executive
director or executive secretary, a board member or the designee of the attorney
general assigned to the board. Nothing
in this section shall preclude a member of the board, executive director, or
executive secretary from initiating a complaint.
Sec. 12. Minnesota Statutes 2014, section 214.10, subdivision 2a, is amended to read:
Subd. 2a. Proceedings. A board shall initiate proceedings to
suspend or revoke a license or shall refuse to renew a license of a person
licensed by the board who is convicted in a court of competent jurisdiction of
violating section 609.224, subdivision 2 609.2231, subdivision 8,
paragraph (c), 609.23, 609.231, 609.2325, 609.233, 609.2335, 609.234,
609.465, 609.466, 609.52, or 609.72, subdivision 3.
Sec. 13. Minnesota Statutes 2014, section 214.10, is amended by adding a subdivision to read:
Subd. 14. Complementary
and alternative health care practitioners.
This section shall not apply to complementary and alternative
health care practitioners practicing under chapter 146A. Complaints and disciplinary actions against
complementary and alternative health care practitioners shall be conducted in
accordance with chapter 146A.
Sec. 14. Minnesota Statutes 2014, section 214.32, subdivision 6, is amended to read:
Subd. 6. Duties
of a participating board. Upon
receiving a report from the program manager in accordance with section 214.33,
subdivision 3, that a regulated person has been discharged from the program
due to noncompliance based on allegations that the regulated person has engaged
in conduct that might cause risk to the public, when and if the
participating health-related licensing board has probable cause to
believe continued practice by the regulated person presents an imminent risk of
serious harm, the health-related licensing board shall temporarily
suspend the regulated person's professional license until the completion of a
disciplinary investigation. The board
must complete the disciplinary investigation within 30 days of receipt of the
report from the program. If the
investigation is not completed by the board within 30 days, the temporary
suspension shall be lifted, unless the regulated person requests a delay in the
disciplinary proceedings for any reason, upon which the temporary suspension
shall remain in place until the completion of the investigation proceed
pursuant to the requirements in section 214.077.
Sec. 15. REVISOR'S
INSTRUCTION.
(a) The revisor of statutes shall change
the term "physician's assistant" to "physician assistant"
wherever that term is found in Minnesota Statutes and Minnesota Rules.
(b) The revisor of statutes shall change
the term "physician ancillary" to "physician assistant"
wherever that term is found in Minnesota Statutes and Minnesota Rules.
Sec. 16. REPEALER.
Minnesota Statutes 2014, sections
147A.01, subdivision 5; and 147D.17, subdivision 4, are repealed."
Delete the title and insert:
"A bill for an act relating to health care; modifying provisions related to physician assistants, midwives, and nurses; modifying provisions related to license suspension and contested case hearings; amending Minnesota Statutes 2014, sections 147A.01, subdivisions 17a, 23; 147A.20, subdivisions 1, 2; 147D.05, subdivision 1; 147D.09; 147D.25, subdivision 1; 148.271; 214.077; 214.10, subdivisions 2, 2a, by adding a subdivision; 214.32, subdivision 6; Minnesota Statutes 2015 Supplement, section 147D.13, subdivision 2; repealing Minnesota Statutes 2014, sections 147A.01, subdivision 5; 147D.17, subdivision 4."
We request the adoption of this report and repassage of the bill.
House Conferees: Dave Baker, Tara Mack and Debra Hilstrom.
Senate Conferees: Chris A. Eaton, Mary Kiffmeyer and Melissa H. Wiklund.
Baker moved that the report of the Conference Committee on H. F. No. 1036 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1036, A bill for an act relating to health care; modifying provisions related to physician assistants; amending Minnesota Statutes 2014, sections 147A.01, subdivisions 17a, 23; 147A.20, subdivisions 1, 2; repealing Minnesota Statutes 2014, section 147A.01, subdivision 5.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 123 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
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
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
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
Rarick
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Selcer
Simonson
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Liebling
Metsa
Quam
Schultz
Slocum
The bill was repassed, as amended by Conference, and its title agreed to.
CALENDAR FOR THE DAY
H. F. No. 2294, A bill for an act relating to marriage; eliminating waiting period for issuance of a marriage license; amending Minnesota Statutes 2015 Supplement, section 517.08, subdivision 1b.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 114 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Freiberg
Green
Gunther
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Koznick
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newton
Nornes
Norton
O'Neill
Pelowski
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Urdahl
Vogel
Wagenius
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Franson
Gruenhagen
Hackbarth
Howe
Kiel
Knoblach
Kresha
Lucero
Miller
Newberger
O'Driscoll
Peppin
Quam
Uglem
Whelan
The bill was passed and its title agreed to.
S. F. No. 1425 was reported to the House.
Barrett moved to amend S. F. No. 1425, the first engrossment, as follows:
Page 1, after line 7, insert:
"Section 1. Minnesota Statutes 2015 Supplement, section 151.01, subdivision 27, is amended to read:
Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
(1) interpretation and evaluation of prescription drug orders;
(2) compounding, labeling, and dispensing drugs and devices (except labeling by a manufacturer or packager of nonprescription drugs or commercially packaged legend drugs and devices);
(3) participation in clinical interpretations and monitoring of drug therapy for assurance of safe and effective use of drugs, including the performance of laboratory tests that are waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory tests but may modify drug therapy only pursuant to a protocol or collaborative practice agreement;
(4) participation in drug and therapeutic device selection; drug administration for first dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
(5) participation in administration of influenza vaccines to all eligible individuals six years of age and older and all other vaccines to patients 13 years of age and older by written protocol with a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe drugs under section 148.235, provided that:
(i) the protocol includes, at a minimum:
(A) the name, dose, and route of each vaccine that may be given;
(B) the patient population for whom the vaccine may be given;
(C) contraindications and precautions to the vaccine;
(D) the procedure for handling an adverse reaction;
(E) the name, signature, and address of the physician, physician assistant, or advanced practice registered nurse;
(F) a telephone number at which the physician, physician assistant, or advanced practice registered nurse can be contacted; and
(G) the date and time period for which the protocol is valid;
(ii) the pharmacist has successfully completed a program approved by the Accreditation Council for Pharmacy Education specifically for the administration of immunizations or a program approved by the board;
(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to assess the immunization status of individuals prior to the administration of vaccines, except when administering influenza vaccines to individuals age nine and older;
(iv) the pharmacist reports the administration of the immunization to the Minnesota Immunization Information Connection; and
(v) the pharmacist complies with guidelines for vaccines and immunizations established by the federal Advisory Committee on Immunization Practices, except that a pharmacist does not need to comply with those portions of the guidelines that establish immunization schedules when administering a vaccine pursuant to a valid, patient-specific order issued by a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under section 148.235, provided that the order is consistent with the United States Food and Drug Administration approved labeling of the vaccine;
(6) participation in the initiation, management, modification, and discontinuation of drug therapy according to a written protocol or collaborative practice agreement between: (i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more physician assistants authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice nurses authorized to prescribe, dispense, and administer under section 148.235. Any changes in drug therapy made pursuant to a protocol or collaborative practice agreement must be documented by the pharmacist in the patient's medical record or reported by the pharmacist to a practitioner responsible for the patient's care;
(7) participation in the storage of drugs and the maintenance of records;
(8) patient counseling on therapeutic
values, content, hazards, and uses of drugs and devices; and
(9) offering or performing those acts,
services, operations, or transactions necessary in the conduct, operation,
management, and control of a pharmacy.; and
(10) participation in the initiation,
management, modification, and discontinuation of therapy with opiate
antagonists, as defined in section 604A.04, subdivision 1, pursuant to:
(i)
a written protocol as allowed under clause (6); or
(ii) a written protocol with a community health board medical consultant or a practitioner designated by the commissioner of health, as allowed under section 151.37, subdivision 13."
Page 5, after line 28, insert:
"Sec. 7. Minnesota Statutes 2014, section 151.37, is amended by adding a subdivision to read:
Subd. 13. Opiate
antagonists protocol. (a) The
board shall develop an opiate antagonist protocol. When developing the protocol, the board shall
consult with the Board of Medical Practice, the Board of Nursing, the
commissioner of health, and professional associations of pharmacists, physicians,
physician assistants, and advanced practice registered nurses.
(b) The commissioner of health shall
provide the following items to medical consultants appointed under section
145A.04, subdivision 2a:
(1) educational materials concerning
the need for, and opportunities to provide, greater access to opiate
antagonists;
(2) the opiate antagonist protocol
developed by the board under paragraph (a); and
(3) a notice of the liability
protections under section 604A.04, subdivision 3, that are extended to cover
the use of the opiate antagonist protocol developed under this subdivision.
(c) The commissioner of health may
designate a practitioner who is authorized to prescribe opiate antagonists to
enter into the written protocol developed under paragraph (a) with pharmacists
practicing within one or more community health service areas, upon the request
of the applicable community health board.
A community health board making a
request to the commissioner under this section must do so by October 1 for the
subsequent calendar year.
(d) The immunity in section 604A.04, subdivision 3, is extended to both the commissioner of health and to the designated practitioner when prescribing according to the protocol under this subdivision. The commissioner of health and the designated practitioner are both deemed to be acting within the scope of employment for purposes of section 3.736, subdivision 9, when prescribing according to the protocol under this subdivision."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 1425, A bill for an act relating to health; making changes concerning the collection and disposal of legend drugs as pharmaceutical waste; amending Minnesota Statutes 2014, sections 151.01, by adding a subdivision; 151.37, subdivisions 6, 7, by adding a subdivision; Minnesota Statutes 2015 Supplement, section 151.37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 152.
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 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
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
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed, as amended, and its title agreed to.
S. F. No. 2428 was reported to the House.
Norton moved to amend S. F. No. 2428, the third engrossment, as follows:
Page 1, after line 4, insert:
"Section 1. [518A.79]
PERMANENT CHILD SUPPORT TASK FORCE.
Subdivision 1. Establishment;
purpose. There is hereby
established the Permanent Child Support Task Force for the Department of Human
Services. The purpose of the task force
is to advise the commissioner of human services on matters relevant to
maintaining effective and efficient child support guidelines that will best
serve the children of Minnesota and take into account the changing dynamics of
families.
Subd. 2. Members. (a) The task force must consist of:
(1) two members of the house of
representatives, one appointed by the speaker and one appointed by the minority
leader;
(2) two members of the senate appointed
by the Subcommittee on Committees of the Committee on Rules and Administration,
including one member of the minority;
(3)
one representative from the Minnesota County Attorneys Association;
(4) one staff member from the
Department of Human Services Child Support Division;
(5) one representative from a tribe
with an approved IV-D program;
(6) one representative from the
Minnesota Family Support Recovery Council;
(7) one child support magistrate,
family court referee, or one district court judge or retired judge with
experience in child support matters, appointed by the chief justice of the
Supreme Court;
(8) four parents, at least two of whom
represent diverse cultural and social communities, appointed by the
commissioner with equal representation between custodial and noncustodial
parents;
(9) one representative from the
Minnesota Legal Services Coalition; and
(10) one representative from the Family
Law Section of the Minnesota Bar Association.
(b) Section 15.059 governs the
Permanent Child Support Task Force. Notwithstanding
section 15.059, the task force does not expire.
(c) Members of the task force shall be
compensated as provided in section 15.059, subdivision 3.
Subd. 3. Organization. (a) The commissioner or the
commissioner's designee shall convene the first meeting of the task force.
(b) The members of the task force shall
annually elect a chair and other officers as the members deem necessary.
(c) The task force shall meet at least
three times per year, with one meeting devoted to collecting input from the
public.
Subd. 4. Staff. The commissioner shall provide support
staff, office space, and administrative services for the task force.
Subd. 5. Duties
of the task force. (a)
General duties of the task force include, but are not limited to:
(1) serving in an advisory capacity to
the commissioner of human services;
(2) reviewing the effects of the implementation of the parenting expense adjustment enacted by the 2016 legislature;
(3) at least every four years,
preparing for and advising the commissioner on the development of the
quadrennial review report;
(4) collecting and studying information
and data relating to child support awards; and
(5) conducting a comprehensive review
of child support guidelines, economic conditions, and other matters relevant to
maintaining effective and efficient child support guidelines.
(b) The task force must review, address, and make recommendations on the following priority issues:
(1)
the self-support reserve for custodial and noncustodial parents;
(2) simultaneous child support orders;
(3) obligors who are subject to child
support orders in multiple counties;
(4) parents with multiple families;
(5) non-nuclear families, such as grandparents, relatives, and foster parents who are caretakers of children;
(6) standards to apply for
modifications; and
(7) updating section 518A.35,
subdivision 2, the guideline for basic support.
Subd. 6. Consultation. The chair of the task force must
consult with the Cultural and Ethnic Communities Leadership Council at least
annually on the issues under consideration by the task force.
Subd. 7. Report
and recommendations. Beginning
February 15, 2019, and biennially thereafter, the commissioner shall prepare
and submit to the chairs and ranking minority members of the committees of the
house of representatives and the senate with jurisdiction over child support
matters a report that summarizes the activities of the task force, issues
identified by the task force, methods taken to address the issues, and
recommendations for legislative action, if needed.
EFFECTIVE DATE. This section is effective July 1, 2017."
Amend the title accordingly
Norton moved to amend the Norton amendment to S. F. No. 2428, the third engrossment, as follows:
Page 1, line 3, delete "PERMANENT"
Page 1, line 4, delete "Permanent"
Page 1, line 10, after "speaker" insert "of the house"
Page 1, delete lines 12 and 13 and insert:
"(2) two members of the senate, including one senator appointed by the senate majority leader and one senator appointed by the senate minority leader;"
Page 1, line 15, delete everything after "one" and insert "person appointed by the commissioner of human services who is an employee of the child support division;"
Page 1, delete line 16
Page 1, line 17, delete "representative" and insert "person" and after "program" insert "appointed by resolution of the Minnesota Indian Affairs Council"
Page 1, line 18, delete "representative from" and insert "person with experience working directly with parents appointed by"
Page
1, line 19, delete "or one" and after "judge"
insert a comma
Page 1, line 20, delete "of"
Page 1, line 21, delete everything before the semicolon
Page 1, line 23, after "commissioner" insert "of human services"
Page 1, line 25, delete "representative from" and insert "person appointed by the directors of"
Page 1, line 26, delete "representative from" and insert "person appointed by the executive council of" and after "Minnesota" insert "State"
Page 2, line 1, delete "Permanent"
Page 2, delete line 2
Page 2, line 5, delete "Organization." and insert "Chair; meetings." and delete "(a) The commissioner or the commissioner's designee shall"
Page 2, delete line 6
Page 2, line 7, delete "(b)" and insert "(a)"
Page 2, line 9, delete "(c)" and insert "(b)"
Page 2, line 11, after "commissioner" insert "of human services"
Page 3, line 1, delete "2019" and insert "2018"
Page 3, line 2, after the comma, insert "if the task force is extended by the legislature," and after "commissioner" insert "of human services"
Page 3, after line 6, insert:
"Subd. 8. Task force. The task force expires June 30, 2019, unless extended by the legislature."
Page 3, after line 7, insert:
"Page 3, after line 16, insert:
"Sec. 2. INITIAL
APPOINTMENTS.
The appointing authorities shall make
initial appointments to the Child Support Task Force established in Minnesota
Statutes, section 518A.79, by August 1, 2017.
The commissioner of human services or the commissioner's designee shall
convene the first meeting of the task force by October 1, 2017. The members of the task force shall elect a
chair at the first meeting. The terms of
the initial appointees appointed under Minnesota Statutes, section 518A.79,
subdivision 2, paragraph (a), clauses (8), (9), and (10), shall end the first
Monday in January 2024. The terms of the initial appointees appointed
under Minnesota Statutes, section 518A.79, subdivision 2, paragraph (a),
clauses (3), (4), (5), (6), and (7), shall end on the first Monday in January
2023.
EFFECTIVE DATE. This section is effective the day following final enactment.""
Page 3, before line 8, insert:
"Renumber the sections in sequence and correct the internal references"
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Norton amendment, as amended, to S. F. No. 2428, the third engrossment. The motion prevailed and the amendment, as amended, was adopted.
Norton moved to amend S. F. No. 2428, the third engrossment, as amended, as follows:
Page 1, after line 4, insert:
"Section 1. Minnesota Statutes 2014, section 518.175, subdivision 5, is amended to read:
Subd. 5. Modification
of parenting plan or order for parenting time.
(a) If a parenting plan or an order granting parenting time
cannot be used to determine the number of overnights or overnight equivalents
the child has with each parent, the court shall modify the parenting plan or
order granting parenting time so that the number of overnights or overnight
equivalents the child has with each parent can be determined. For purposes of this section, "overnight
equivalents" has the meaning provided in section 518A.36, subdivision 1.
(b) If modification would serve the best interests of the child, the court shall modify the decision-making provisions of a parenting plan or an order granting or denying parenting time, if the modification would not change the child's primary residence. Consideration of a child's best interest includes a child's changing developmental needs.
(b) (c) Except as provided
in section 631.52, the court may not restrict parenting time unless it finds
that:
(1) parenting time is likely to endanger the child's physical or emotional health or impair the child's emotional development; or
(2) the parent has chronically and unreasonably failed to comply with court-ordered parenting time.
A modification of parenting time which increases a parent's percentage of parenting time to an amount that is between 45.1 to 54.9 percent parenting time is not a restriction of the other parent's parenting time.
(c) (d) If a parent makes
specific allegations that parenting time by the other parent places the parent
or child in danger of harm, the court shall hold a hearing at the earliest
possible time to determine the need to modify the order granting parenting time. Consistent with subdivision 1a, the court may
require a third party, including the local social services agency, to supervise
the parenting time or may restrict a parent's parenting time if necessary to
protect the other parent or child from harm.
If there is an existing order for protection governing the parties, the
court shall consider the use of an independent, neutral exchange location for
parenting time.
EFFECTIVE
DATE. This section is
effective August 1, 2017.
Sec. 2. Minnesota Statutes 2015 Supplement, section 518A.26, subdivision 14, is amended to read:
Subd. 14. Obligor. "Obligor" means a person
obligated to pay maintenance or support.
For purposes of ordering medical support under section 518A.41, a parent
who has primary physical custody of a child may be an obligor subject to a
payment agreement under section 518A.69.
If a parent has more than 55 percent court-ordered parenting time, it
is a rebuttable presumption that the parent shall have a zero dollar basic
support obligation. A party or public
authority seeking to overcome this presumption must show, and the court must
consider, the following:
(1) a significant income disparity,
which may include potential income determined under section 518A.32;
(2) the benefit and detriment to the
child and the ability of each parent to meet the needs of the child; and
(3) whether the application of the
presumption would have an unjust or inappropriate result.
The presumption of a zero dollar basic support obligation
does not eliminate that parent's obligation to pay child support arrears
pursuant to section 518A.60.
EFFECTIVE
DATE. This section is
effective August 1, 2017.
Sec. 3. Minnesota Statutes 2014, section 518A.34, is amended to read:
518A.34
COMPUTATION OF CHILD SUPPORT OBLIGATIONS.
(a) To determine the presumptive child support obligation of a parent, the court shall follow the procedure set forth in this section.
(b) To determine the obligor's basic support obligation, the court shall:
(1) determine the gross income of each parent under section 518A.29;
(2) calculate the parental income for determining child support (PICS) of each parent, by subtracting from the gross income the credit, if any, for each parent's nonjoint children under section 518A.33;
(3) determine the percentage contribution of each parent to the combined PICS by dividing the combined PICS into each parent's PICS;
(4) determine the combined basic support obligation by application of the guidelines in section 518A.35;
(5) determine the obligor's each
parent's share of the combined basic support obligation by
multiplying the percentage figure from clause (3) by the combined basic support
obligation in clause (4); and
(6) determine the parenting expense
adjustment, if any, as apply the parenting expense adjustment formula
provided in section 518A.36, and adjust the obligor's basic support
obligation accordingly to determine the obligor's basic support
obligation. If the parenting time
of the parties is presumed equal, section 518A.36, subdivision 3, applies to
the calculation of the basic support obligation and a determination of which
parent is the obligor.
(c)
If the parents have split custody of the joint children, child support shall
be calculated for each joint child as follows:
(1) the court shall determine each
parent's basic support obligation pursuant to paragraph (b) and shall include
the amount of each parent's obligation in the court order. If the basic support calculation results in
each parent owing support to the other, the court shall offset the higher basic
support obligation with the lower basic support obligation to determine the
amount to be paid by the parent with the higher obligation to the parent with
the lower obligation. For the purpose of
the cost-of-living adjustment required under section 518A.75, the adjustment
must be based on each parent's basic support obligation prior to offset. For the purposes of this paragraph,
"split custody" means that there are two or more joint children and
each parent has at least one joint child more than 50 percent of the time;
(2) if each parent pays all child care
expenses for at least one joint child, the court shall calculate child care
support for each joint child as provided in section 518A.40. The court shall determine each parent's child
care support obligation and include the amount of each parent's obligation in
the court order. If the child care
support calculation results in each parent owing support to the other, the
court shall offset the higher child care support obligation with the lower
child care support obligation to determine the amount to be paid by the parent
with the higher obligation to the parent with the lower obligation; and
(3) if each parent pays all medical or
dental insurance expenses for at least one joint child, medical support shall
be calculated for each joint child as provided in section 518A.41. The court shall determine each parent's
medical support obligation and include the amount of each parent's obligation
in the court order. If the medical
support calculation results in each parent owing support to the other, the
court shall offset the higher medical support obligation with the lower medical
support obligation to determine the amount to be paid by the parent with the
higher obligation to the parent with the lower obligation. Unreimbursed and uninsured medical expenses
are not included in the presumptive amount of support owed by a parent and are
calculated and collected as provided in section 518A.41.
(d) The court shall determine the child care support obligation for the obligor as provided in section 518A.40.
(d) (e) The court shall determine
the medical support obligation for each parent as provided in section 518A.41. Unreimbursed and uninsured medical expenses
are not included in the presumptive amount of support owed by a parent and are
calculated and collected as described in section 518A.41.
(e) (f) The court shall
determine each parent's total child support obligation by adding together each
parent's basic support, child care support, and health care coverage
obligations as provided in this section.
(f) (g) If Social Security
benefits or veterans' benefits are received by one parent as a representative
payee for a joint child based on the other parent's eligibility, the court
shall subtract the amount of benefits from the other parent's net child support
obligation, if any.
(g) (h) The final child
support order shall separately designate the amount owed for basic support,
child care support, and medical support.
If applicable, the court shall use the self-support adjustment and
minimum support adjustment under section 518A.42 to determine the obligor's
child support obligation.
EFFECTIVE
DATE. This section is
effective August 1, 2017.
Sec. 4. Minnesota Statutes 2014, section 518A.36, is amended to read:
518A.36
PARENTING EXPENSE ADJUSTMENT.
Subdivision 1. General. (a) The parenting expense adjustment
under this section reflects the presumption that while exercising parenting
time, a parent is responsible for and incurs costs of caring for the child,
including, but not limited to, food, clothing, transportation, recreation,
and household expenses. Every child
support order shall specify the percentage of parenting time granted to or
presumed for each parent. For purposes
of this section, the percentage of parenting time means the percentage of time
a child is scheduled to spend with the parent during a calendar year according
to a court order averaged over a two-year period. Parenting time includes time with the child
whether it is designated as visitation, physical custody, or parenting time. The percentage of parenting time may be
determined by calculating the number of overnights or overnight equivalents
that a child parent spends with a parent, or child
pursuant to a court order. For purposes
of this section, overnight equivalents are calculated by using a method other
than overnights if the parent has significant time periods on separate days
where the child is in the parent's physical custody and under the direct care
of the parent but does not stay overnight.
The court may consider the age of the child in determining whether a
child is with a parent for a significant period of time.
(b) If there is not a court order awarding parenting time, the court shall determine the child support award without consideration of the parenting expense adjustment. If a parenting time order is subsequently issued or is issued in the same proceeding, then the child support order shall include application of the parenting expense adjustment.
Subd. 2. Calculation
of parenting expense adjustment. (a)
For the purposes of this section, the following terms have the meanings given:
(1) "parent A" means the
parent with whom the child or children will spend the least number of
overnights under the court order; and
(2) "parent B" means the parent with whom the child or children will spend the greatest number of overnights under the court order.
(b) The obligor is entitled to a
parenting expense adjustment calculated as provided in this subdivision. The court shall: The court shall apply the following
formula to determine which parent is the obligor and calculate the basic
support obligation:
(1) find the adjustment percentage
corresponding to the percentage of parenting time allowed to the obligor below:
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(2) multiply the adjustment percentage by
the obligor's basic child support obligation to arrive at the parenting expense
adjustment; and
(3) subtract the parenting expense
adjustment from the obligor's basic child support obligation. The result is the obligor's basic support
obligation after parenting expense adjustment.
(1)
raise to the power of three the approximate number of annual overnights the
child or children will likely spend with parent A;
(2) raise to the power of three the
approximate number of annual overnights the child or children will likely spend
with parent B;
(3) multiply the result of clause (1)
times parent B's share of the combined basic support obligation as determined
in section 518A.34, paragraph (b), clause (5);
(4) multiply the result of clause (2)
times parent A's share of the combined basic support obligation as determined in
section 518A.34, paragraph (b), clause (5);
(5) subtract the result of clause (4)
from the result of clause (3); and
(6) divide the result of clause (5) by
the sum of clauses (1) and (2).
(c) If the result is a negative number,
parent A is the obligor, the negative number becomes its positive equivalent,
and the result is the basic support obligation.
If the result is a positive number, parent B is the obligor and the
result is the basic support obligation.
Subd. 3. Calculation
of basic support when parenting time presumed is equal. (a) If the parenting time is equal
and the parental incomes for determining child support of the parents also are
equal, no basic support shall be paid unless the court determines that the
expenses for the child are not equally shared.
(b) If the parenting time is equal but
the parents' parental incomes for determining child support are not equal, the
parent having the greater parental income for determining child support shall
be obligated for basic child support, calculated as follows:
(1) multiply the combined basic support
calculated under section 518A.34 by 0.75;
(2) prorate the amount under clause (1)
between the parents based on each parent's proportionate share of the combined
PICS; and
(3) subtract the lower amount from the
higher amount.
The resulting figure is the obligation
after parenting expense adjustment for the parent with the greater parental
income for determining child support.
EFFECTIVE
DATE. This section is
effective August 1, 2017.
Sec. 5. Minnesota Statutes 2015 Supplement, section 518A.39, subdivision 2, is amended to read:
Subd. 2. Modification. (a) The terms of an order respecting maintenance or support may be modified upon a showing of one or more of the following, any of which makes the terms unreasonable and unfair: (1) substantially increased or decreased gross income of an obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or the child or children that are the subject of these proceedings; (3) receipt of assistance under the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics; (5) extraordinary medical expenses of the child not provided for under section 518A.41; (6) a change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs; (7) the
addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.
(b) It is presumed that there has been a substantial change in circumstances under paragraph (a) and the terms of a current support order shall be rebuttably presumed to be unreasonable and unfair if:
(1) the application of the child support guidelines in section 518A.35, to the current circumstances of the parties results in a calculated court order that is at least 20 percent and at least $75 per month higher or lower than the current support order or, if the current support order is less than $75, it results in a calculated court order that is at least 20 percent per month higher or lower;
(2) the medical support provisions of the order established under section 518A.41 are not enforceable by the public authority or the obligee;
(3) health coverage ordered under section 518A.41 is not available to the child for whom the order is established by the parent ordered to provide;
(4) the existing support obligation is in the form of a statement of percentage and not a specific dollar amount;
(5) the gross income of an obligor or obligee has decreased by at least 20 percent through no fault or choice of the party; or
(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause (4), and the child no longer resides in a foreign country or the factor is otherwise no longer applicable.
(c) A child support order is not presumptively modifiable solely because an obligor or obligee becomes responsible for the support of an additional nonjoint child, which is born after an existing order. Section 518A.33 shall be considered if other grounds are alleged which allow a modification of support.
(d) If child support was established by
applying a parenting expense adjustment or presumed equal parenting time
calculation under previously existing child support guidelines and there is no
parenting plan or order from which overnights or overnight equivalents can be
determined, there is a rebuttable presumption that the established adjustment
or calculation shall continue after modification so long as the modification is
not based on a change in parenting time.
In determining an obligation under previously existing child support
guidelines, it is presumed that the court shall:
(1) if a 12 percent parenting expense
adjustment was applied, multiply the obligor's share of the combined basic
support obligation calculated under section 518A.34, paragraph (b), clause (5),
by .88; or
(2) if the parenting time was presumed
equal but the parents' parental incomes for determining child support were not
equal:
(i) multiply the combined basic support
obligation under section 518A.34, paragraph (b), clause (5), by .075;
(ii) prorate the amount under item (i)
between the parents based on each parent's proportionate share of the combined
PICS; and
(iii) subtract the lower amount from
the higher amount.
(e) On a motion for modification of maintenance, including a motion for the extension of the duration of a maintenance award, the court shall apply, in addition to all other relevant factors, the factors for an award of maintenance under section 518.552 that exist at the time of the motion. On a motion for modification of support, the court:
(1)
shall apply section 518A.35, and shall not consider the financial circumstances
of each party's spouse, if any; and
(2) shall not consider compensation received by a party for employment in excess of a 40-hour work week, provided that the party demonstrates, and the court finds, that:
(i) the excess employment began after entry of the existing support order;
(ii) the excess employment is voluntary and not a condition of employment;
(iii) the excess employment is in the nature of additional, part-time employment, or overtime employment compensable by the hour or fractions of an hour;
(iv) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation;
(v) in the case of an obligor, current child support payments are at least equal to the guidelines amount based on income not excluded under this clause; and
(vi) in the case of an obligor who is in arrears in child support payments to the obligee, any net income from excess employment must be used to pay the arrearages until the arrearages are paid in full.
(e) (f) A modification of
support or maintenance, including interest that accrued pursuant to section
548.091, may be made retroactive only with respect to any period during which
the petitioning party has pending a motion for modification but only from the
date of service of notice of the motion on the responding party and on the
public authority if public assistance is being furnished or the county attorney
is the attorney of record, unless the court adopts an alternative effective
date under paragraph (l). The court's
adoption of an alternative effective date under paragraph (l) shall not be
considered a retroactive modification of maintenance or support.
(f) (g) Except for an award of
the right of occupancy of the homestead, provided in section 518.63, all
divisions of real and personal property provided by section 518.58 shall be
final, and may be revoked or modified only where the court finds the existence
of conditions that justify reopening a judgment under the laws of this state,
including motions under section 518.145, subdivision 2. The court may impose a lien or charge on the
divided property at any time while the property, or subsequently acquired
property, is owned by the parties or either of them, for the payment of
maintenance or support money, or may sequester the property as is provided by
section 518A.71.
(g) (h) The court need not
hold an evidentiary hearing on a motion for modification of maintenance or
support.
(h) (i) Sections 518.14 and
518A.735 shall govern the award of attorney fees for motions brought under this
subdivision.
(i) (j) Except as expressly
provided, an enactment, amendment, or repeal of law does not constitute a
substantial change in the circumstances for purposes of modifying a child
support order.
(j) MS 2006 [Expired]
(k)
On the first modification under the income shares method of calculation following
implementation of amended child support guidelines, the modification of
basic support may be limited if the amount of the full variance would create
hardship for either the obligor or the obligee.
(l) The court may select an alternative effective date for a maintenance or support order if the parties enter into a binding agreement for an alternative effective date.
EFFECTIVE DATE. This section is effective August 1, 2017."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Norton moved to amend the Norton amendment to S. F. No. 2428, the third engrossment, as amended, as follows:
Page 2, line 12, delete "it" and insert "there" and delete "shall have" and insert "has"
Page 2, line 13, delete "or public authority"
Page 2, line 22, after the period, insert "The presumption of a zero dollar basic support obligation does not apply to an action under section 256.87, subdivision 1 or 1a."
Page 3, line 14, delete "the"
Page 3, line 16, delete "pursuant to" and insert "under"
Page 3, line 17, delete "shall"
Page 4, after line 22, insert:
"Sec. 4. Minnesota Statutes 2014, section 518A.35, subdivision 1, is amended to read:
Subdivision 1. Determination of support obligation. (a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter.
(b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.
(c) If a child is not in the custody of
either parent and a support order is sought against one or both parents, the basic
child support obligation shall be determined by referencing the guideline for
the appropriate number of joint children, and the parent's individual parental
income for determining child support, not the combined parental incomes for
determining child support of the parents.
Unless a parent has court-ordered parenting time, the parenting
expense adjustment formula under section 518A.34 must not be applied.
(d) If a child is in custody of either
parent and a support order is sought by the public authority under section
256.87, unless the parent against whom the support order is sought has
court-ordered parenting time, the support obligation must be determined by
referencing the guideline for the appropriate number of joint children and the
parent's individual income without application of the parenting expense
adjustment formula under section 518A.34.
(e) For combined parental incomes for determining child support exceeding $15,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $15,000 per month. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 518A.43."
Page 7, line 30, delete "shall" and insert "will"
Page 9, line 18, after the period, insert "Hardship includes, but is not limited to, eligibility for assistance under chapter 256J."
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Norton amendment, as amended, to S. F. No. 2428, the third engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.
S. F. No. 2428, A bill for an act relating to human services; extending the legislative task force on child protection; amending Laws 2015, chapter 71, article 1, section 125.
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 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
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
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed, as amended, and its title agreed to.
S. F. No. 2548, A bill for an act relating to health; allowing pharmacists to dispense a 90-day supply of a prescription drug under certain circumstances; amending Minnesota Statutes 2014, section 151.21, by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
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
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
H. F. No. 3384 was reported to the House.
Hoppe moved to amend H. F. No. 3384, the first engrossment, as follows:
Page 25, line 22, delete everything after the period and insert "The commissioner may take other disciplinary action to enforce this section."
Page 25, delete line 23
The motion prevailed and the amendment was adopted.
H. F. No. 3384, A bill for an act relating to insurance; making changes to the life insurance reserves; amending Minnesota Statutes 2014, sections 61A.24, subdivision 12, by adding a subdivision; 61A.25.
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 94 yeas and 35 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, P.
Anderson, S.
Atkins
Backer
Baker
Barrett
Bennett
Carlson
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Howe
Isaacson
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lesch
Lillie
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Miller
Murphy, E.
Nash
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Scott
Selcer
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Yarusso
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Applebaum
Bernardy
Bly
Clark
Considine
Davnie
Dehn, R.
Ecklund
Flanagan
Freiberg
Hausman
Hornstein
Hortman
Johnson, C.
Johnson, S.
Kahn
Laine
Liebling
Lien
Loeffler
Mariani
Metsa
Moran
Mullery
Murphy, M.
Nelson
Pinto
Schultz
Simonson
Slocum
Sundin
Wagenius
Youakim
The bill was passed, as amended, and its title agreed to.
H. F. No. 3489 was reported to the House.
Hoppe moved to amend H. F. No. 3489 as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2014, section 60A.235, subdivision 3, is amended to read:
Subd. 3. Health plan policies issued as stop loss coverage. (a) An insurance company or health carrier issuing or renewing an insurance policy or other evidence of coverage, that provides coverage to an employer for health care expenses incurred under an employer-sponsored plan provided to the employer's employees, retired employees, or their dependents, shall issue the policy or evidence of coverage as a health plan if the policy or evidence of coverage:
(1) has a specific attachment point for claims incurred per individual that is lower than $20,000; or
(2) has an aggregate attachment point,
for groups of 50 or fewer, that is lower than the greater of:
(i) $4,000 times the number of group
members;
(ii) 120 percent of expected claims; or
(iii) $20,000; or
(3) (2) has an aggregate
attachment point for groups of 51 or more that is lower than 110 percent
of expected claims.
(b) An insurer shall determine the
number of persons in a group, for the purposes of this section, on a consistent
basis, at least annually. Where the
insurance policy or evidence of coverage applies to a contract period of more
than one year, the dollar amounts amount set forth in paragraph
(a), clauses clause (1) and (2), must be multiplied by the
length of the contract period expressed in years.
(c) The commissioner may adjust the
constant dollar amounts provided in paragraph (a), clauses (1), (2), and (3),
on January 1 of any year, based upon changes in the medical component of the
Consumer Price Index (CPI). Adjustments
must be in increments of $100 and must not be made unless at least that amount
of adjustment is required. The
commissioner shall publish any change in these dollar amounts at least six
months before their effective date.
(d) (c) A policy or evidence
of coverage issued by an insurance company or health carrier that provides
direct coverage of health care expenses of an individual, including a
policy or evidence of coverage administered on a group basis, is a
health plan regardless of whether the policy or evidence of coverage is
denominated as stop loss coverage.
EFFECTIVE
DATE. This section is
effective August 1, 2017, and applies to coverage offered, sold, issued, or
renewed on or after that date.
Sec. 2. Minnesota Statutes 2014, section 60A.236, is amended to read:
60A.236
STOP LOSS REGULATION; SMALL EMPLOYER COVERAGE.
A contract providing stop loss coverage,
issued or renewed to a small employer, as defined in section 62L.02,
subdivision 26, or to a plan sponsored by a small employer, must include a
claim settlement period no less favorable to the small employer or plan than coverage
of all the following: (1) claims
incurred during the contract period regardless of when the claims are;
and (2) paid by the plan during the contract period or within one month
after expiration of the contract period."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 3489, A bill for an act relating to commerce; modifying minimum solvency requirements for health insurers and fraternals to conform to the accreditation standards of the National Association of Insurance Commissioners; amending Minnesota Statutes 2014, sections 60A.235, subdivision 3; 60A.236; 60A.52, subdivision 1; 64B.42, subdivision 1.
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 96 yeas and 33 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, P.
Anderson, S.
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Flanagan
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Howe
Isaacson
Johnson, B.
Johnson, C.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lesch
Lien
Lillie
Lohmer
Loon
Lucero
Lueck
Mack
Marquart
McDonald
McNamara
Miller
Murphy, E.
Murphy, M.
Nash
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Selcer
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anzelc
Bernardy
Bly
Clark
Davnie
Dehn, R.
Ecklund
Fischer
Freiberg
Halverson
Hausman
Hornstein
Hortman
Johnson, S.
Kahn
Laine
Liebling
Loeffler
Mahoney
Mariani
Masin
Metsa
Moran
Mullery
Nelson
Schoen
Schultz
Simonson
Slocum
Sundin
Wagenius
Yarusso
The bill was passed, as amended, and its title agreed to.
H. F. No. 2554, A bill for an act relating to crime; clarifying military member and adding veterans to offense of impersonation; amending Minnesota Statutes 2014, section 609.475.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
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
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Liebling
The bill was passed and its title agreed to.
S. F. No. 1111 was reported to the House.
Swedzinski moved to amend S. F. No. 1111, the second engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 1422, the first engrossment:
"Section 1. Minnesota Statutes 2014, section 169.686, subdivision 1, is amended to read:
Subdivision 1. Seat belt requirement. (a) Except as provided in section 169.685, a properly adjusted and fastened seat belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be worn by the driver and passengers of a passenger vehicle, commercial motor vehicle, type III vehicle, and type III Head Start vehicle.
(b) A person who is 15 years of age or older and who violates paragraph (a) is subject to a fine of $25. The driver of the vehicle in which a violation occurs is subject to a $25 fine for each violation of paragraph (a) by the driver or by a passenger under the age of 15, but the court may not impose more than one surcharge under section 357.021, subdivision 6, on the driver. The Department of Public Safety shall not record a violation of this subdivision on a person's driving record.
(c) The driver of a bus is not subject
to the fine under paragraph (b) for a violation of paragraph (a) by a passenger
under the age of 15. This paragraph does
not apply to (1) a school bus, including a type III vehicle; and (2) a Head
Start bus, including a type III Head Start vehicle.
EFFECTIVE
DATE. This section is
effective August 1, 2016, and applies to violations committed on or after that
date."
Delete the title and insert:
"A bill for an act relating to transportation; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, section 169.686, subdivision 1."
The motion prevailed and the amendment was adopted.
Atkins moved to amend S. F. No. 1111, the second engrossment, as amended, as follows:
Page 1, after line 5, insert:
"Section 1. Minnesota Statutes 2014, section 169.14, is amended by adding a subdivision to read:
Subd. 2b. Speed
limit; marked Interstate Highway 35E.
Notwithstanding subdivision 2, the commissioner shall designate
the speed limit on marked Interstate Highway 35E in St. Paul, from the
interchange with marked Trunk Highway 5,
known as West Seventh Street, to the interchange with marked Interstate Highway
94, as 55 miles per hour unless the commissioner designates a different
speed limit on that highway after (1) conducting an engineering and traffic
investigation under subdivision 4, and (2) determining that a different speed
limit is reasonable and safe. Any speed
in excess of a speed limit designated under this subdivision is unlawful.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence
Amend the title accordingly
POINT OF ORDER
Pinto raised a point of order pursuant to rule 3.21 that the Atkins amendment was not in order. The Speaker ruled the point of order not well taken and the Atkins amendment in order.
The question recurred on the Atkins amendment to S. F. No. 1111, the second engrossment, as amended. The motion prevailed and the amendment was adopted.
Schoen was excused between the hours of 12:40 p.m. and 2:00 p.m.
Atkins moved to amend S. F. No. 1111, the second engrossment, as amended, as follows:
Page 1, after line 5, insert:
"Section 1. Minnesota Statutes 2014, section 169.14, is amended by adding a subdivision to read:
Subd. 5g. Conviction recording; marked Interstate Highway 35E. Except as provided in section 171.12, subdivision 6, paragraph (c), the Department of Public Safety shall not keep on the record of a driver any conviction for a violation of a speed limit on marked Interstate Highway 35E in the city of St. Paul, from its intersection with West Seventh Street to its intersection with marked Interstate Highway 94, unless the violation consists of a speed greater than ten miles per hour in excess of the speed limit."
Renumber the sections in sequence
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Atkins amendment and the roll was called. There were 66 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, S.
Atkins
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hancock
Heintzeman
Hertaus
Hilstrom
Hoppe
Isaacson
Johnson, B.
Kelly
Kiel
Koznick
Lien
Lillie
Lohmer
Loon
Lucero
Lueck
Mack
Masin
McDonald
McNamara
Miller
Nash
Newberger
Nornes
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rosenthal
Runbeck
Sanders
Scott
Smith
Torkelson
Uglem
Urdahl
Vogel
Whelan
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anderson, P.
Anzelc
Applebaum
Backer
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Hamilton
Hansen
Hausman
Hornstein
Hortman
Howe
Johnson, C.
Johnson, S.
Kahn
Knoblach
Kresha
Laine
Lesch
Liebling
Loeffler
Mahoney
Mariani
Marquart
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
O'Driscoll
O'Neill
Persell
Pinto
Poppe
Schultz
Selcer
Simonson
Slocum
Sundin
Swedzinski
Theis
Thissen
Wagenius
Yarusso
Youakim
The motion prevailed and the amendment was adopted.
Hoppe moved to amend S. F. No. 1111, the second engrossment, as amended.
Liebling requested a division of the Hoppe amendment to S. F. No. 1111, the second engrossment, as amended.
The first portion of the Hoppe amendment to S. F. No. 1111, the second engrossment, as amended, reads as follows:
Page 1, after line 5, insert:
"Section 1. Minnesota Statutes 2014, section 169.18, subdivision 7, is amended to read:
Subd. 7. Laned highway. When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such allocation. The left lane of a three-lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle.
(c) Official signs may be erected by a road authority directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and must be erected as appropriate to instruct motorists of the requirements under subdivision 10. Drivers of vehicles shall obey the directions of every such sign.
(d) Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, or to prepare for a turn as provided in section 169.19, subdivision 1.
(e) A vehicle must be driven in the
right-hand lane according to subdivision 10."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the first portion of the Hoppe amendment to S. F. No. 1111, the second engrossment, as amended, was adopted.
Hoppe withdrew the second portion of his amendment to S. F. No. 1111, the second engrossment, as amended.
Persell moved to amend S. F. No. 1111, the second engrossment, as amended, as follows:
Page 1, after line 5, insert:
"Section 1. Minnesota Statutes 2014, section 169.06, is amended by adding a subdivision to read:
Subd. 4b. Obedience
to school bus flagger. (a) A
person may stop and hold vehicles in place at a location on a street or highway
having one lane of traffic in each direction and a speed limit of 35 miles per
hour or less until it is safe for the vehicles to proceed, if the person:
(1)
is designated by the school district's transportation safety director to act as
a school bus flagger;
(2) controls traffic in order to enable
one or more school buses to safely leave school property and enter the adjacent
street or highway, or to safely enter school property from the adjacent street
or highway; and
(3) meets the safety and equipment
standards of an adult crossing guard as provided in the manual and
specifications adopted under subdivision 1.
(b) A person operating a motor vehicle that has been stopped by a school bus flagger may proceed after stopping only on instruction by the school bus flagger or a police officer."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Persell moved to amend the Persell amendment to S. F. No. 1111, the second engrossment, as amended, as follows:
Page 1, after line 18, insert:
"(c) The authority under paragraph (a) does not apply in a school zone established under section 169.14, subdivision 5a, in which the speed limit of that street or highway outside the school zone is higher than 35 miles per hour."
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Persell amendment, as amended, to S. F. No. 1111, the second engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.
S. F. No. 1111, A bill for an act relating to transportation; requiring drivers to stop vehicles at the direction of a school bus flagger; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, sections 169.444, subdivisions 2, 7, by adding subdivisions; 169.686, subdivision 1.
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 94 yeas and 35 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, P.
Anderson, S.
Atkins
Backer
Baker
Barrett
Bennett
Carlson
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Flanagan
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Isaacson
Johnson, B.
Johnson, C.
Kelly
Kiel
Knoblach
Koznick
Kresha
Liebling
Lien
Lillie
Lohmer
Loon
Lucero
Lueck
Mack
Marquart
Masin
McDonald
McNamara
Miller
Mullery
Nash
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schomacker
Schultz
Scott
Selcer
Simonson
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Anzelc
Applebaum
Bernardy
Bly
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Freiberg
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, S.
Kahn
Laine
Lesch
Loeffler
Mahoney
Mariani
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Norton
Pinto
Slocum
Sundin
Thissen
Wagenius
Yarusso
The bill was passed, as amended, and its title agreed to.
S. F. No. 2963 was reported to the House.
Hackbarth moved to amend S. F. No. 2963, the first engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 2993, the second engrossment:
|
"Section
1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The
appropriations are from the environment and natural resources trust fund, or
another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2016"
and "2017" used in this act 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.
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|
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|
APPROPRIATIONS |
||
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|
|
|
Available for the Year |
||
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|
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Ending June 30 |
||
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2016 |
2017 |
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|
Sec. 2. MINNESOTA
RESOURCES |
|
|
|
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|
Subdivision 1. Total
Appropriation |
|
$-0- |
|
$46,337,000 |
|
Appropriations
by Fund |
||
|
|
2016
|
2017
|
|
Environment and natural resources trust fund |
-0- |
46,337,000 |
The
amounts that may be spent for each purpose are specified in the following
subdivisions. Appropriations are
available for two years beginning July 1, 2016, unless otherwise stated in the
appropriation. Any unencumbered balance
remaining in the first year does not cancel and is available for the second
year or until the end of the appropriation.
|
Subd. 2. Definition. |
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|
|
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"Trust fund" means the Minnesota
environment and natural resources trust fund established under Minnesota
Constitution, article XI, section 14.
|
Subd. 3. Foundational Natural Resource Data and
Information |
-0-
|
|
11,158,000
|
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(a) Data-Driven Pollinator Conservation Strategies |
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|
|
|
$520,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to improve
understanding of the relationships and interactions between native bee
pollinators and rare and declining plant species and to determine optimal
placement and species plantings for pollinator habitat in order to develop
guidelines for planning, designing, and planting pollinator habitat. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
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(b) Native Bee Surveys in Minnesota Prairie and Forest Habitats |
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|
|
$600,000 the second year is from the trust fund to the commissioner of natural resources to continue to assess the current status and distribution of native bee pollinators in Minnesota by expanding surveys into the prairie-forest border region and facilitating interagency collaboration and public outreach on pollinators. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
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(c) Prairie Butterfly Conservation, Research, and Breeding - Phase II |
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|
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$750,000 the second year is from the trust fund. Of this amount, $421,000 is to the Minnesota Zoological Garden and $329,000 is to the commissioner of natural resources in collaboration with the United States Fish and Wildlife Service to continue efforts to prevent the extinction of imperiled native Minnesota butterfly species through breeding, research, field surveys, and potential reintroduction. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
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(d) Statewide Monitoring Network for Changing Habitats in Minnesota |
|
|
|
$500,000 the second year is from the trust fund to the commissioner of natural resources to develop a consolidated statewide network of permanent habitat monitoring sites in prairies, forests, and wetlands to help guide and prioritize habitat protection and management decisions in response to environmental change. The design and testing methodologies of monitoring plots must address the status of pollinators and pollination. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
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(e) Completing National Wetland Inventory Update for Minnesota |
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$1,500,000 the second year is from the
trust fund to the commissioner of natural resources to complete the update and
enhancement of wetland inventory maps for counties in central and northwestern Minnesota. This appropriation is available until June 30,
2019, by which time the project must be completed and final products delivered.
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(f) Assessment Tool for Understanding Vegetation Growth Impacts on Groundwater Recharge |
|
|
|
$212,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop a statewide assessment tool to help understand the relationship between vegetation growth and impacts on groundwater recharge under changing land use and climate. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
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(g) Sentinel Lakes Monitoring and Data Synthesis – Phase III |
|
|
|
$401,000 the second year is from the trust
fund to the commissioner of natural resources for the third and final phase of
a monitoring and multidisciplinary research effort on 25 sentinel lakes in
Minnesota, which will integrate and synthesize previously collected data to
enhance understanding of how lakes respond to large-scale environmental
stressors and provide for improved ability to predict and respond to lake
changes for water and fisheries
management. This appropriation is
available until June 30, 2019, by which time the project must be
completed and final products delivered.
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(h) State Spring Inventory for Resource Management and Protection - Phase II |
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$370,000 the second year is from the trust
fund to the commissioner of natural resources to continue a systematic
inventory of springs statewide to provide fundamental data needed to maintain
spring flows and protect groundwater-dependent resources. Increased outreach to the public and other
entities must be conducted to assist in the identification, documentation, and
publication of spring locations. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
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(i) Enhancing Understanding of Minnesota River Aquatic Ecosystem |
|
|
|
$500,000 the second year is from the trust fund to the commissioner of natural resources to accelerate collection of baseline data to enhance understanding of the Minnesota River ecosystem, measure future impacts of changing climate and landscapes on the aquatic ecosystem, and guide future management efforts. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
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(j) Improving Brook Trout Stream Habitat Through Beaver Management |
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|
|
$225,000 the second year is from the trust
fund to the Board of Trustees of the Minnesota State Colleges and Universities
system for Bemidji State University to quantify how beaver activity influences
habitat quality in streams for brook trout in northeastern Minnesota in order
to improve current and future management practices. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
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(k) Evaluate Temperature, Streamflow, and Hydrogeology Impact on Brook Trout Habitat |
|
|
|
$115,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for the Minnesota
Geological Survey to evaluate links between southeastern Minnesota stream
temperatures, trout habitat, and bedrock hydrogeology to improve trout stream
management. This appropriation is
available until June 30, 2019, by which time the project must be completed and
final products delivered.
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(l)
Restoration of Elk to Northeastern
Minnesota |
|
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|
$300,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota in cooperation with
the Fond du Lac Band and Rocky Mountain Elk Foundation to determine the habitat
suitability and levels of public support for restoring elk to northeastern
Minnesota. This appropriation is
available until June 30, 2019, by which time the project must be completed and
final products delivered.
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(m) Game and Nongame Bird Pesticide Exposure |
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$349,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to evaluate the
potential risk to game and nongame birds from exposure to neonicotinoid‑treated
agricultural seeds. This appropriation
is available until June 30, 2019, by which time the project must be completed
and final products delivered.
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(n) Evaluating Insecticide Exposure Risk for Grassland Wildlife on Public Lands |
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$250,000 the second year is from the trust fund to the commissioner of natural resources to evaluate exposure risks of grassland wildlife to soybean aphid insecticides, to guide grassland management in farmland regions of Minnesota for the protection of birds, beneficial insects, and other grassland wildlife. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
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(o) Development of Innovative Cost-Saving Methodology for Forest Inventory |
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|
|
$1,000,000 the second year is from the
trust fund to the commissioner of natural resources to develop and pilot a new
and more cost-effective methodology for an enhanced stand-based forest
inventory, with the goal of extending the methodology statewide. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
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(p) Evaluation of Tree Retention Guidelines Pertaining to Wildlife |
|
|
|
$232,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for the Natural
Resources Research Institute in Duluth to assess the effectiveness of the
Minnesota Forest Resources Council tree retention guidelines in sustaining
Minnesota's wildlife populations, by quantifying and evaluating the impacts on
birds, small mammals, and amphibian diversity.
This appropriation is available until June 30, 2019, by which time the
project must be completed and final products delivered.
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(q) Determine Impacts on Wildlife From Emerald Ash Borer Infection of Black Ash Forests |
|
|
|
$334,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for the Natural
Resources Research Institute in Duluth to assess impacts of emerald ash borer
and adaptive management on wildlife diversity in black ash forests and to
develop recommendations to mitigate wildlife impacts. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
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(r) Aggregate Mapping |
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|
|
|
$1,500,000 the second year is from the
trust fund to the commissioner of natural resources to map the extent and
quality of aggregate resources in counties that have not previously been mapped. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
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(s) Pineland Sands Lands and Water Study |
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|
|
|
$1,500,000 the second year is from the
trust fund to the commissioner of natural resources to study the impact of
changes in land use from forest land to irrigated agriculture in the Pineland
Sands aquifer along the Crow Wing River.
This appropriation is available until June 30, 2021, and is not subject
to Minnesota Statutes, sections 116P.05, subdivision 2, paragraph (b), and
116P.09, subdivision 4.
|
Subd. 4. Water
Resources |
|
-0-
|
|
8,349,000
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(a) Tracking and Preventing Harmful Algal Blooms |
|
|
|
|
$500,000 the second year is from the trust
fund to the Science Museum of Minnesota for the St. Croix Watershed
Research Station to identify species composition and timing of harmful algal
blooms, understand the causes of bloom development in individual lakes, and
determine how nutrients and climate interact to increase harmful algae
outbreaks. This work must be done in
cooperation with the University of Minnesota and the Minnesota Pollution Control
Agency. This appropriation is available
until June 30, 2019, by which time the project must be completed and final
products delivered.
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(b) Assessing the Increasing Harmful Algal Blooms in Minnesota Lakes |
|
|
|
$270,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for the Saint
Anthony Falls Laboratory to investigate lake processes and meteorological
conditions
triggering algal blooms and toxin production, develop models for tracking
blooms, and provide outreach on the prediction, detection, and impacts of
mitigation of algal bloom events. This
work must be done in cooperation with the St. Croix Watershed Research
Station of the Science Museum of Minnesota and the Minnesota Pollution Control
Agency. This appropriation is available
until June 30, 2019, by which time the project must be completed and final
products delivered.
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(c) Restoring
Native Mussels in Streams and Lakes |
|
|
|
|
$600,000 the second year is from the trust fund to the
commissioner of natural resources in cooperation with the Minnesota Zoological
Garden for a statewide mussel program to rear, restore, and re-establish native
mussel species in streams and rivers. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(d) Assessing Techniques for Eliminating Contaminants to Protect Native Fish and Mussels |
|
|
|
$287,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the
University of St. Thomas to evaluate the use of ultraviolet treatment of
wastewater to remove certain commonly detected wastewater contaminants, in
order to reduce the contaminants' toxicity to native fish and mussels. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
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(e) Assessing Neonicotinoid Insecticide Effects on Aquatic and Soil Communities |
|
|
|
$400,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to identify neonicotinoid insecticide breakdown components produced in water and plant leaves and assess their toxicity to soil and aquatic species and related biotic communities. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(f) Bacterial Assessment of Groundwater Supplies Used for Drinking Water |
|
|
|
$299,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to characterize and
analyze bacterial communities in Minnesota groundwater used as drinking water
supplies and link the microbiological data to other water
quality
indicators for drinking water supply safety.
This appropriation is available until June 30, 2019, by which time the
project must be completed and final products delivered.
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(g) Understanding Bedrock Fracture Flow to Improve Groundwater Quality |
|
|
|
$183,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for the Minnesota
Geological Survey to use new techniques of borehole testing and rock fracture
mapping in the Twin Cities metropolitan area to achieve a better understanding
of groundwater flow through fractured bedrock, in order to improve groundwater
management. This appropriation is
available until June 30, 2019, by which time the project must be completed and
final products delivered.
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(h) Protection of State's Confined Drinking Water Aquifers - Phase II |
|
|
|
$433,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the United
States Geological Survey to continue to test methods of defining properties of
confined drinking water aquifers, in order to improve water management. This appropriation is not subject to
Minnesota Statutes, section 116P.10. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
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(i) Techniques for Water Storage Estimates in Central Minnesota |
|
|
|
$250,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to improve water storage estimates in groundwater, soil moisture, streams, lakes, and wetlands through integration of satellite monitoring and ground‑based measurements in central Minnesota. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(j) Assessment of Surface Water Quality with Satellite Sensors |
|
|
|
$345,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for a statewide
assessment of water quality using new satellite sensors for high frequency
measurement of major water quality indicators in lakes and rivers. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(k) Development of Innovative Sensor Technologies for Water Monitoring |
|
|
|
$509,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to develop
inexpensive and efficient sensitive sensors and wireless sensor networks for
continuous monitoring of contaminants in lakes and rivers in Minnesota. This appropriation is subject to Minnesota
Statutes, section 116P.10. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(l) Wastewater Treatment Process Improvements |
|
|
|
|
$398,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to characterize and
quantify the nutrient-removing microorganisms used for municipal wastewater
treatment, in order to improve the process used to reduce total nitrogen
discharge. This appropriation is available
until June 30, 2019, by which time the project must be completed and final
products delivered.
|
(m) Membrane-Based Process for Decentralized Drinking Water Production |
|
|
|
$191,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to develop a
low-energy use, membrane-based treatment technology to produce drinking water
locally from surface waters by removing heavy metals and contaminants of
emerging concern, including pesticides and pharmaceuticals. This appropriation is subject to Minnesota
Statutes, section 116P.10. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(n) Analyzing Alternatives for Municipal Wastewater Treatment |
|
|
|
$180,000 the second year is from the trust
fund to the commissioner of the Minnesota Pollution Control Agency to analyze
alternatives for improved treatment of sulfate and salty parameters at
municipal wastewater plants to inform the development and implementation of
wild rice, sulfate, and other water quality
standards. This appropriation is
available until June 30, 2019, by which time the project must be
completed and final products delivered.
|
(o) Understanding Impacts of Salt Usage on Minnesota Lakes, Rivers, and Groundwater |
|
|
|
$497,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to quantify the
current water-softening salt loads in Minnesota lakes, rivers, and groundwater,
assess alternative water-softening materials and methods, and quantify the
transport of de-icing and water‑softening salt through the soil. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(p) Microbes for Salt and Metal Removal |
|
|
|
|
$596,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to continue to
research the potential of recently discovered microbes from Soudan Iron Mine in
northern Minnesota for removing salts and metals from groundwater and surface
water resources. This appropriation is
subject to Minnesota Statutes, section 116P.10.
This appropriation is available until June 30, 2019, by which time the
project must be completed and final products delivered.
|
(q) Engineered Biofilter for Sulfate and Metal Removal from Mine Waters |
|
|
|
$440,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop an efficient, low-cost, biomass-derived adsorbent material for use in bioactive filters able to remove sulfate and metals from mining-impacted waters. This appropriation is subject to Minnesota Statutes, section 116P.10. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(r) Developing Biosponge Technology for Removal of Nitrates from Minnesota Waters |
|
|
|
$198,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to adapt and test
an inexpensive biosponge technology for its effectiveness at removing nitrates
from drinking water. This appropriation
is subject to Minnesota Statutes, section 116P.10. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(s) Morrison County Performance Drainage and Hydrology Management |
|
|
|
$209,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the
Morrison Soil and Water Conservation District to conduct an
assessment of drainage infrastructure, in order to develop hydrology restoration priorities and a countywide performance drainage ordinance to address land use-change impacts to the hydrogeology. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(t) Agricultural and Urban Runoff Water Quality Treatment Analysis - Phase II |
|
|
|
$110,000 the second year is from the trust
fund to the Board of Water and Soil Resources for an agreement with the Blue
Earth County Drainage Authority to continue monitoring a model demonstration
for storage and treatment options in drainage systems designed to improve
agricultural and urban water quality by reducing soil erosion, peak water
flows, and nutrient loading. This
appropriation is available until June 30, 2021, by which time the project must
be completed and final products delivered.
|
(u) Surface Water Bacterial Treatment System Pilot Project |
|
|
|
$500,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with Vadnais
Lake Area Water Management Organization to reduce bacteria and nutrient loads
to Vadnais Lake, a drinking water supply reservoir, through implementation and
evaluation of a subsurface constructed wetland as a best management practice
for potential statewide use. The Vadnais
Lake Area Water Management Organization must consider contracting with the
University of Minnesota Department of Civil, Environmental, and Geo-Engineering
to evaluate the effectiveness of the pilot treatment system so that it
maximizes benefits and can be replicated elsewhere. This appropriation is available until June
30, 2021, by which time the project must be completed and final products
delivered.
|
(v) Assessing Effectiveness of Wetland Restorations for Improved Water Quality |
|
|
|
$420,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to quantify the environmental
benefits of sediment removal and native plant communities in wetland
restorations by measuring resulting reductions in nitrogen and phosphorus
delivery to groundwater and surface water.
This appropriation is available until June 30, 2019, by which time the
project must be completed and final products delivered.
|
(w) Assessing Climate Change Effects on Release of Mercury and Sulfur into Aquatic Ecosystems |
|
|
|
$300,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to determine the
effects of increased temperatures on the release of mercury and sulfur from
Minnesota peatlands in order to help predict impacts on aquatic ecosystems and
fish health. This appropriation is
available until June 30, 2019, by which time the project must be completed and
final products delivered.
|
(x) Integrated Targeted Watershed Planning Tools with Citizen Involvement |
|
|
|
$169,000 the second year is from the trust fund to the Board of Trustees of the Minnesota State Colleges and Universities system for the Water Resources Center at Minnesota State University, Mankato, to use geographic information system (GIS) prioritization and modeling tools to develop pollution reduction strategies in five priority subwatersheds in the Le Sueur River watershed and to promote implementation of the reduction strategies through citizen involvement and outreach. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(y) Roseau Lake Watershed Targeted Water Quality Improvement |
|
|
|
$65,000 the second year is from the trust
fund to the commissioner of natural resources to develop targeted water quality
improvements for the Roseau Lake watershed by coordinating with partner
agencies to identify the top priority field scale best management and
conservation practices to implement in the region.
|
Subd. 5. Environmental
Education |
|
-0-
|
|
2,812,000
|
|
(a) Minnesota Conservation Apprentice Academy |
|
|
|
|
$433,000 the second year is from the trust fund to the Board of Water and Soil Resources in cooperation with Conservation Corps Minnesota and Iowa for the final phase of a program to train and mentor future conservation professionals by providing apprenticeship service opportunities with local soil and water conservation districts in Minnesota. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(b)
School Forests Outdoor Classrooms |
|
|
|
|
$440,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Conservation Corps Minnesota and Iowa to renovate and restore 60 school forests. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(c) Youth-Led Sustainability Projects in 50 Minnesota Communities - Phase III |
|
|
|
$400,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with Prairie
Woods Environmental Learning Center to expand the Youth Energy Summit (YES!)
program statewide to complete more than 200 new youth-led climate change
mitigation and adaptation projects in over 50 Minnesota communities.
|
(d) New Prairie Sportsman Statewide Broadcast Video Project |
|
|
|
$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Pioneer Public Television to provide outreach on outdoor recreation, conservation, and natural resource issues, including water quality, wildlife habitat, and invasive species, through a series of interrelated public forums, educational and training videos, and statewide broadcast television programs. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(e) Wildlife and Habitat Conservation Education for Southwest Minnesota High Schools |
|
|
|
$147,000 the second year is from the trust
fund to the Minnesota Zoological Garden to engage high school students in
critical prairie wildlife and habitat conservation projects by using the zoo's
unique animal collections and state-of-the-art technology to deliver hands‑on
learning in 12 southwestern Minnesota high schools.
|
(f) Standards-Based Dakota Indian Land Stewardship Education |
|
|
|
$197,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with Dakota
Wicohan to enhance the capacity of approximately 1,250 students to be stewards
of the land in Minnesota by learning about Dakota Indian values and
environmental principles through a standards‑based experiential
multimedia curriculum. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(g) Wolf Management Education in the Classroom - Phase II |
|
|
|
$240,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the
International Wolf Center to expand the Wolves at Our Door classroom education
program to assist students in understanding wolves and associated management
issues.
|
(h) Master Water Steward Program Expansion |
|
|
|
|
$116,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Freshwater Society to train community volunteers as master water stewards who will work with neighborhoods to install water management projects that preserve and restore water quality. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(i) Promoting Water Quality Stewardship through Student Mentoring and River Monitoring |
|
|
|
$39,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with Southwest
Minnesota State University to partner with area schools to deliver inquiry‑based,
hands-on learning and mentoring on water quality stewardship between university
agriculture students and high school and middle school students.
|
(j) Wildlife Science Center |
|
|
|
|
$500,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the
Wildlife Science Center to provide environmental education programs using ambassador
wild animals.
|
Subd. 6. Aquatic
and Terrestrial Invasive Species |
|
-0-
|
|
5,860,000
|
|
(a) Minnesota Invasive Terrestrial Plants and Pests Center - Phase III |
|
|
|
$3,750,000 the second year is from the
trust fund to the Board of Regents of the University of Minnesota for the
Invasive Terrestrial Plants and Pests Center to conduct research to prevent,
minimize, and mitigate the threats and impacts posed by terrestrial invasive
plants, pathogens, and pests to the state's prairies, forests, wetlands, and
agricultural resources. This
appropriation is available until June 30, 2023, by which time the project must
be completed and final products delivered.
|
(b) Developing Membrane Filtration System to Treat Lake Superior Ballast Water |
|
|
|
$151,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to develop a
filtration system utilizing bioactive membrane technologies for use in treating
Lake Superior ballast water to remove at least 90 percent of suspended pathogens,
invasive species, and contaminants. This
appropriation is subject to Minnesota Statutes, section 116P.10. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(c) Advancing Microbial Invasive Species Monitoring from Ballast Discharge |
|
|
|
$368,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to identify bacteria in ship ballast water and St. Louis River estuary sediments, assess the risks posed by invasive bacteria, and evaluate treatment techniques for effectiveness at removing the bacteria from ballast water. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(d) Biological Control of White Nose Syndrome in Bats - Phase II |
|
|
|
$452,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to continue
research to identify, develop, and optimize biocontrol agents for white nose
syndrome in bats by evaluating the biocontrol effectiveness of microbes
collected at additional hibernacula throughout the state and conducting
baseline characterization of the total bat microbiomes. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(e) Elimination of Target Invasive Plant Species - Phase II |
|
|
|
$750,000 the second year is from the trust fund. Of this amount, $511,000 is to the commissioner of agriculture and $239,000 is to the Board of Regents of the University of Minnesota to train volunteers and professionals to find, control, and monitor targeted newly emergent invasive plant species. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(f) Dutch Elm Disease Resistance - Phase II |
|
|
|
|
$200,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to continue to
identify and evaluate native Minnesota elms that are resistant to Dutch elm
disease
and begin propagating disease-resistant specimens for field trial testing. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(g) Invasive Carp Management Research in Lake Nokomis Subwatershed |
|
|
|
$189,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the
Minneapolis Park and Recreation Board to apply current invasive carp management
research to the entire Lake Nokomis subwatershed and provide demonstration
guidance for large-scale carp management.
This appropriation is available until June 30, 2020, by which time the
project must be completed and final products delivered.
|
Subd. 7. Air Quality, Climate Change, and Renewable Energy |
-0-
|
|
2,290,000
|
|
(a) Community Solar Garden Installation |
|
|
|
|
$490,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Rural Renewable Energy Alliance to install a 200-kilowatt community solar garden to provide for electrical distribution in Cass, Beltrami, Hubbard, and Itasca Counties, to assist households in the Minnesota low-income housing energy assistance program in meeting electrical energy needs and serve as a model for low‑income energy assistance elsewhere in the state. This appropriation is not subject to Minnesota Statutes, section 116P.10.
|
(b) Waste Heat Recovery with Efficient Thermoelectric Energy Generators |
|
|
|
$400,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to develop
thermoelectric energy generators using advanced, high-performance materials
able to more efficiently capture waste heat and transform the heat into
electricity. This appropriation is
subject to Minnesota Statutes, section 116P.10.
This appropriation is available until June 30, 2019, by which time the
project must be completed and final products delivered.
|
(c) Hydrogen Fuel from Wind-Produced Renewable Ammonia |
|
|
|
$400,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to develop a
technical solution for converting wind-produced ammonia to hydrogen through
catalytic decomposition, for use in reducing emissions from diesel engines and
powering fuel cell vehicles. This
appropriation
is subject to Minnesota Statutes, section 116P.10. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(d) Utilization of Dairy Farm Wastewater for Sustainable Production |
|
|
|
$500,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for the West
Central Research and Outreach Center in Morris to develop and evaluate an
integrated system that recycles and uses nutrients in dairy wastewater from
feedlots and milk processing, thereby reducing nutrients from agricultural
runoff, and to provide outreach on adoption of new technologies. This appropriation is subject to Minnesota
Statutes, section 116P.10. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(e) Solar Energy Utilization for Minnesota Swine Farms - Phase II |
|
|
|
$500,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota for the West
Central Research and Outreach Center in Morris to continue to develop and
evaluate the utilization of solar photovoltaic systems at swine facilities to
improve energy and economic performance, reduce fossil fuel usage and emissions,
and optimize water usage. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
Subd. 8. Methods to Protect, Restore, and Enhance Land, Water, and Habitat |
-0-
|
|
8,929,000
|
|
(a) Bee Pollinator Habitat Enhancement - Phase II |
|
|
|
|
$387,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to continue
assessment of the potential to supplement traditional turf grass by providing
critical floral plant resources to enhance bee pollinator habitat. Plant materials and seeds must follow the
Board of Water and Soil Resources' native vegetation establishment and
enhancement guidelines. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(b) Measuring Pollen and Seed Dispersal for Prairie Fragment Connectivity |
|
|
|
$556,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to determine
habitat connectivity between prairie fragments by measuring plant
movement
by dispersal of pollen and seeds to improve prairie restoration implementation. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(c) Establishment of Permanent Habitat Strips Within Row Crops |
|
|
|
$179,000 the second year is from the trust
fund to the Science Museum of Minnesota for the St. Croix Watershed
Research Station to research the viability of establishing prairie forbs and
alfalfa as permanent cover strips in the bare soil between selected rows of
corn and soybeans as potential pollinator, monarch, and gamebird habitat. Monitoring of the native plant strips must
evaluate the effects of pesticides from adjacent crops on pollinators,
including determining whether there is a reduction of pollinators that results
in reduced setting of seeds on the native plants. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(d) Evaluate Prescribed Burning Techniques to Improve Habitat Management for Brushland Species |
|
|
|
$267,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to compare the
effects on brushland habitat of conducting prescribed burning in spring,
summer, and fall to provide improved management guidelines for wildlife habitat. This appropriation is available until June
30, 2020, by which time the project must be completed and final products
delivered.
|
(e) Controlling Reed Canary Grass to Regenerate Floodplain Forest |
|
|
|
$218,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota state office of the National Audubon Society to determine the most effective regeneration methods for restoration of floodplain forests in southeast Minnesota impacted by invasive reed canary grass. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(f) Forest Management for Mississippi River Drinking Water Protection |
|
|
|
$300,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the Crow
Wing Soil and Water Conservation District to pilot a water protection approach
for the watershed through development of
forest
stewardship plans and targeted riparian forest restoration projects. Any expenditures from this appropriation
spent on forest management plans or restoration must be for lands with a long‑term
contract commitment for forest conservation, and the restoration must follow
the Board of Water and Soil Resources' native vegetation establishment and
enhancement guidelines. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(g) Upland, Wetland, and Shoreline Restoration in Greater Metropolitan Area |
|
|
|
$509,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with Great River
Greening to restore approximately 150 acres of forest, prairie, woodland, and
wetland and 0.15 miles of shoreline throughout the greater Twin Cities
metropolitan area, using volunteers, and to conduct restoration evaluation on
previously restored parcels. A list of
proposed restorations and evaluations must be provided as part of the required
work plan. Plant and seed materials must
follow the Board of Water and Soil Resources' native vegetation establishment
and enhancement guidelines. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(h) Bluffland Restoration and Monitoring in Winona |
|
|
|
|
$99,000 the second year is from the trust fund to the Board of Trustees of the Minnesota State Colleges and Universities system for Winona State University to inventory, restore, and monitor the 40-acre Garvin Heights Natural Area in Winona and provide related public outreach and education. Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(i) Champlin Mill Pond Shoreland Restoration |
|
|
|
|
$2,000,000 the second year is from the
trust fund to the commissioner of natural resources for an agreement with the
city of Champlin to restore the Champlin Mill Pond shoreline and adjacent
habitat. Plant and seed materials must
follow the Board of Water and Soil Resources' native vegetation establishment
and enhancement guidelines. This appropriation is available until June 30,
2019, by which time the project must be completed and final products delivered.
|
(j)
Reinvest In Minnesota (RIM) |
|
|
|
|
$2,214,000 the second year is from the
trust fund to the Board of Water and Soil Resources to acquire permanent
conservation easements and restore wetlands and associated upland habitat under
Minnesota Statutes, section 103F.515.
|
(k) Pollinator Highway Demonstration Projects |
|
|
|
|
$2,200,000 the second year is from the
trust fund to the commissioner of transportation to restore and enhance
wildlife habitat along trunk highways, including: marked Interstate Highway 35, one north and
one south of the metropolitan area; marked Interstate Highway 90; and two
locations along marked Interstate Highway
94. This appropriation is available
until June 30, 2022, and must include a five-year restoration process. This appropriation is not subject to
Minnesota Statutes, sections 116P.05, subdivision 2, paragraph (b), and
116P.09, subdivision 4.
|
Subd. 9. Land
Acquisition, Habitat, and Recreation |
|
-0-
|
|
6,565,000
|
|
(a) Scientific and Natural Area Restoration |
|
|
|
|
$1,386,000 the second year is from the
trust fund to the commissioner of natural resources to restore and improve
approximately 750 acres of scientific and natural areas. A list of proposed restorations must be
provided as part of the required work plan.
This appropriation is available until June 30, 2019, by which time the project
must be completed and final products delivered.
|
(b) Conservation Easements in Avon Hills - Phase III |
|
|
|
|
$1,300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Saint John's University in cooperation with Minnesota Land Trust to secure permanent conservation easements on approximately 500 acres of high-quality habitat in Stearns County, prepare conservation management plans, and provide public outreach. A list of proposed easement acquisitions must be provided as part of the required work plan. An entity that acquires a conservation easement with appropriations from the trust fund must have a long‑term stewardship plan for the easement and a fund established for monitoring and enforcing the agreement. Funding for the long‑term monitoring and enforcement fund must come from nonstate sources for easements acquired with this appropriation. The state may enforce requirements in the conservation easements on land acquired with this appropriation and the conservation easement document must state this authority and explicitly include requirements for water quality and quantity protection. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(c) Lincoln Pipestone Rural Water System Acquisition for Wellhead Protection |
|
|
|
$1,500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Lincoln Pipestone Rural Water to acquire and restore lands designated under an approved wellhead protection plan. Lands acquired with this appropriation must be from willing sellers and be identified by the Department of Health as targeted vulnerable lands for wellhead protection. Lands must be restored to permanent vegetative cover, but may be used for recreation and renewable energy if adequate protection of the drinking water aquifer is provided. A list of proposed acquisitions must be provided as part of the required work plan. Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines. Income derived from the lands acquired with funds appropriated under this paragraph is exempt from Minnesota Statutes, section 116P.10, if used for additional wellhead protection as provided under this paragraph until adequate wellhead protection has been achieved, as determined by the commissioner of health. Any income earned after that must be returned to the environment and natural resources trust fund. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.
|
(d) Mesabi Trail Segment from Highway 135 to Town of Embarrass |
|
|
|
$1,200,000 the second year is from the
trust fund to the commissioner of natural resources for an agreement with the St. Louis
and Lake Counties Regional Railroad Authority for engineering and construction
of segments of the Mesabi Trail, totaling approximately six miles between
Highway 135 and the town of Embarrass. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(e) Tower Historic Harbor Trail Connections |
|
|
|
|
$679,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the city of
Tower to construct recreational trails along the harbor in Tower and to connect
to the Mesabi Trail. This appropriation
is available until June 30, 2019, by which time the project must be completed
and final products delivered.
|
(f) Otter Tail River Recreational Trail Acquisition |
|
|
|
|
$500,000 the second year is from the trust
fund to the commissioner of natural resources for an agreement with the city of
Fergus Falls to acquire approximately 16 acres along the Otter
Tail
River for a recreational trail and park.
This appropriation is contingent on at least an equal match of nonstate
money. Prior to the acquisition, a phase
1 environmental assessment must be completed and the city must not accept any
liability for previous contamination of lands acquired with this appropriation.
|
Subd. 10. Emerging
Issues Account |
|
-0-
|
|
164,000
|
$164,000 the second year is from the trust
fund to an emerging issues account authorized in Minnesota Statutes, section
116P.08, subdivision 4, paragraph (d).
|
Subd. 11. Administration
|
|
-0-
|
|
210,000
|
|
(a) Contract Agreement Reimbursement |
|
|
|
|
$135,000 the second year is from the trust
fund to the commissioner of natural resources, at the direction of the
Legislative-Citizen Commission on Minnesota Resources, for expenses incurred
for contract agreement reimbursement for the agreements specified in this
section. The commissioner shall provide
documentation to the Legislative-Citizen Commission on Minnesota Resources on
the expenditure of these funds.
|
(b) Grants Management System |
|
|
|
|
$75,000 the second year is from the trust
fund to the Legislative‑Citizen Commission on Minnesota Resources for
upgrading and modernizing a project records management system.
|
Subd. 12. Availability
of Appropriations |
|
|
|
|
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 work plan approved by the
Legislative-Citizen Commission on Minnesota Resources. 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. Costs that are directly related to and
necessary for an appropriation, including financial services, human resources,
information services, rent, and utilities, are eligible only if the costs can
be clearly justified and individually documented specific to the
appropriation's purpose and would not be generated by the recipient but for the
receipt of the appropriation. No broad
allocations for costs in either dollars or percentages are allowed. Unless otherwise provided, the amounts in
this section are available until June 30, 2018, when projects must be completed
and final products delivered. For
acquisition of real property, the appropriations in this section are available
for an additional fiscal year if a binding contract for acquisition of the real
property is entered into before the expiration
date
of the appropriation. If a project
receives a federal grant, the time period of the appropriation is extended to
equal the federal grant period.
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Subd. 13. Data
Availability Requirements |
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Data collected by the projects funded
under this section must conform to guidelines and standards adopted by MN.IT
Services. Spatial data also must conform
to additional guidelines and standards designed to support data coordination
and distribution that have been published by the Minnesota Geospatial
Information Office. Descriptions of
spatial data must be prepared as specified in the state's geographic metadata
guideline and must be submitted to the Minnesota Geospatial Information Office. All data must be accessible and free to the
public unless made private under the Data Practices Act, Minnesota Statutes,
chapter 13. To the extent practicable,
summary data and results of projects funded under this section should be
readily accessible on the Internet and identified as having received funding
from the environment and natural resources trust fund.
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Subd. 14. Project
Requirements |
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(a) As a condition of accepting an
appropriation under this section, an agency or entity receiving an
appropriation or a party to an agreement from an appropriation must comply with
paragraphs (b) to (l) and Minnesota Statutes, chapter 116P, and must submit a
work plan and semiannual progress reports in the form determined by the
Legislative-Citizen Commission on Minnesota Resources for any project funded in
whole or in part with funds from the appropriation. Modifications to the approved work plan and
budget expenditures must be made through the amendment process established by
the Legislative-Citizen Commission on Minnesota Resources.
(b) A recipient of money appropriated in
this section that conducts a restoration using funds appropriated in this
section must use native plant species according to the Board of Water and Soil
Resources' native vegetation establishment and enhancement guidelines and
include an appropriate diversity of native species selected to provide habitat
for pollinators throughout the growing season as required under Minnesota
Statutes, section 84.973.
(c) For all restorations conducted with
money appropriated under this section, a recipient must prepare an ecological
restoration and management plan that, to the degree practicable, is consistent
with the highest quality conservation and ecological goals for the restoration
site. Consideration should be given to
soil, geology, topography, and other relevant factors that would provide the
best chance for long-term success and durability of the restoration project. The plan must include the proposed timetable
for
implementing
the restoration, including site preparation, establishment of diverse plant
species, maintenance, and additional enhancement to establish the restoration;
identify long-term maintenance and management needs of the restoration and how
the maintenance, management, and enhancement will be financed; and take
advantage of the best available science and include innovative techniques to
achieve the best restoration.
(d) An entity receiving an appropriation
in this section for restoration activities must provide an initial restoration
evaluation at the completion of the appropriation and an evaluation three years
beyond the completion of the expenditure.
Restorations must be evaluated relative to the stated goals and
standards in the restoration plan, current science, and, when applicable, the
Board of Water and Soil Resources' native vegetation establishment and
enhancement guidelines. The evaluation
must determine whether the restorations are meeting planned goals, identify any
problems with the implementation of the restorations, and, if necessary, give
recommendations on improving restorations.
The evaluation must be focused on improving future restorations.
(e) All restoration and enhancement
projects funded with money appropriated in this section must be on land
permanently protected by a conservation easement or public ownership.
(f) A recipient of money from an
appropriation under this section must give consideration to contracting with
Conservation Corps Minnesota for contract restoration and enhancement services.
(g) All conservation easements acquired
with money appropriated under this section must:
(1) be permanent;
(2) specify the parties to an easement in
the easement;
(3) specify all of the provisions of an
agreement that are permanent;
(4) be sent to the Legislative-Citizen
Commission on Minnesota Resources in an electronic format at least ten business
days prior to closing;
(5) include a long-term monitoring and
enforcement plan and funding for monitoring and enforcing the easement
agreement; and
(6) include requirements in the easement
document to address specific groundwater and surface water quality protection
activities such as keeping water on the landscape, reducing nutrient and
contaminant loading, protecting groundwater, and not permitting artificial
hydrological modifications.
(h)
For any acquisition of lands or interest in lands, a recipient of money
appropriated under this section must not agree to pay more than 100 percent of
the appraised value for a parcel of land using this money to complete the
purchase, in part or in whole, except that up to ten percent above the
appraised value may be allowed to complete the purchase, in part or in whole,
using this money if permission is received in advance of the purchase from the
Legislative-Citizen Commission on Minnesota Resources.
(i) For any acquisition of land or
interest in land, a recipient of money appropriated under this section must
give priority to high‑quality natural resources or conservation lands
that provide natural buffers to water resources.
(j) For new lands acquired with money
appropriated under this section, a recipient must prepare an ecological
restoration and management plan in compliance with paragraph (c), including
sufficient funding for implementation unless the work plan addresses why a
portion of the money is not necessary to achieve a high-quality restoration.
(k) To ensure public accountability for
the use of public funds, within 60 days of the transaction, a recipient of
money appropriated under this section must provide to the Legislative‑Citizen
Commission on Minnesota Resources documentation of the selection process used
to identify parcels acquired and provide documentation of all related
transaction costs, including but not limited to appraisals, legal fees,
recording fees, commissions, other similar costs, and donations. This information must be provided for all
parties involved in the transaction. The
recipient must also report to the Legislative‑Citizen Commission on
Minnesota Resources any difference between the acquisition amount paid to the
seller and the state-certified or state-reviewed appraisal, if a
state-certified or state-reviewed appraisal was conducted.
(l) A recipient of an appropriation from
the trust fund under this section must acknowledge financial support from the
Minnesota environment and natural resources trust fund in project publications,
signage, and other public communications and outreach related to work completed
using the appropriation. Acknowledgment
may occur, as appropriate, through use of the trust fund logo or inclusion of
language attributing support from the trust fund. Each direct recipient of money appropriated in
this section, as well as each recipient of a grant awarded pursuant to this
section, must satisfy all reporting and other requirements incumbent upon
constitutionally dedicated funding recipients as provided in Minnesota
Statutes, section 3.303, subdivision 10, and chapter 116P.
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Subd. 15. Payment Conditions and Capital Equipment Expenditures |
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(a) All agreements, grants, or contracts
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 made on
or after July 1, 2016, or the date the work plan is approved, whichever is
later, are eligible for reimbursement unless otherwise provided in this section. Periodic payment must be made upon receiving
documentation that the deliverable items articulated in the approved work plan
have been achieved, including partial achievements as evidenced by approved
progress reports. Reasonable amounts may
be advanced to projects to accommodate cash flow needs or match federal money. The advances must be approved as part of the
work plan. No expenditures for capital
equipment are allowed unless expressly authorized in the project work plan.
(b) Single-source contracts as specified
in the approved work plan are allowed.
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Subd. 16. Purchase of Recycled and Recyclable Materials |
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A political subdivision, public or private
corporation, or other entity that receives an appropriation under this section
must use the appropriation in compliance with Minnesota Statutes, section
16C.0725, regarding purchase of recycled, repairable, and durable materials;
and Minnesota Statutes, section 16C.073, regarding purchase and use of paper
stock and printing.
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Subd. 17. Energy Conservation and Sustainable Building Guidelines |
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A recipient to whom an appropriation is
made under this section for a capital improvement project must ensure that the
project complies with the applicable energy conservation and sustainable
building guidelines and standards contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted under those
sections. The recipient may use the
energy planning, advocacy, and State Energy Office units of the Department of
Commerce to obtain information and technical assistance on energy conservation
and alternative energy development relating to the planning and construction of
the capital improvement project.
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Subd. 18. Accessibility
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Structural and nonstructural facilities
must meet the design standards in the Americans with Disabilities Act (ADA)
accessibility guidelines.
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Subd. 19. Carryforward;
Extension |
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The availability of the appropriations for
the following projects are extended to June 30, 2017:
(a) Laws 2013, chapter 52, section 2,
subdivision 3, paragraph (c), County Geologic Atlases - Part B;
(b) Laws 2013, chapter 52, section 2,
subdivision 4, paragraph (d), Metropolitan Conservation Corridors (MeCC) -
Phase VII, $400,000 for the agreement with the Minnesota Valley National
Wildlife Refuge Trust, Inc. only;
(c) Laws 2013, chapter 52, section 2,
subdivision 4, paragraph (i), Conservation Grazing to Improve Wildlife Habitat
on Wildlife Management Areas;
(d) Laws 2013, chapter 52, section 2,
subdivision 5, paragraph (b), Assessment of Natural Copper-Nickel Bedrocks on
Water Quality;
(e) Laws 2013, chapter 52, section 2,
subdivision 5, paragraph (f), Evaluation of Lake Superior Water Quality Health;
(f) Laws 2013, chapter 52, section 2,
subdivision 6, paragraph (c), Improving Emerald Ash Borer Detection Efficacy
for Control;
(g) Laws 2014, chapter 226, section 2,
subdivision 3, paragraph (l), Rainwater Reuse and Valuation Investigation;
(h) Laws 2014, chapter 226, section 2,
subdivision 10, paragraph (c), Legislative-Citizen Commission on Minnesota
Resources (LCCMR) for upgrade and modernization of a project records management
system; and
(i) Laws 2014, chapter 226, section 2,
subdivision 8, paragraph (b), Innovative Groundwater-Enhanced Geothermal Heat
Pump Study.
Sec. 3. Minnesota Statutes 2014, section 116P.05, subdivision 1, is amended to read:
Subdivision 1. Membership. (a) A Legislative-Citizen Commission on Minnesota Resources of 17 members is created in the legislative branch, consisting of the chairs of the house of representatives and senate committees on environment and natural resources finance or designees appointed for the terms of the chairs, four members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, and four members of the house of representatives appointed by the speaker.
At least two members from the senate and two members from the house of representatives must be from the minority caucus. Members are entitled to reimbursement for per diem expenses plus travel expenses incurred in the services of the commission.
Seven citizens are members of the commission, five appointed by the governor, one appointed by the Senate Subcommittee on Committees of the Committee on Rules and Administration, and one appointed by the speaker of the house. The citizen members are selected and recommended to the appointing authorities according to subdivision 1a and must:
(1) have experience or expertise in the science, policy, or practice of the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources;
(2) have strong knowledge in the state's environment and natural resource issues around the state; and
(3) have demonstrated ability to work in a collaborative environment.
(b) Members shall develop procedures to elect a chair that rotates between legislative and citizen members each meeting. A citizen member, a senate member, and a house of representatives member shall serve as chairs. The citizen members, senate members, and house of representatives members must select their respective chairs. The chair shall preside and convene meetings as often as necessary to conduct duties prescribed by this chapter.
(c) Appointed legislative members shall serve on the commission for two-year terms, beginning in January of each odd-numbered year and continuing through the end of December of the next even-numbered year. Appointed citizen members shall serve four-year terms, beginning in January of the first year and continuing through the end of December of the final year. Citizen and legislative members continue to serve until their successors are appointed.
(d) A citizen member may be removed by an appointing authority for cause. Vacancies occurring on the commission shall not affect the authority of the remaining members of the commission to carry out their duties, and vacancies shall be filled for the remainder of the term in the same manner under paragraph (a).
(e) Citizen members shall be initially
appointed according to the following schedule of terms:
(1) two members appointed by the governor
for a term ending the first Monday in January 2010;
(2) one member appointed by the senate
Subcommittee on Committees of the Committee on Rules and Administration for a
term ending the first Monday in January 2010 and one member appointed by the
speaker of the house for a term ending the first Monday in January 2010;
(3) two members appointed by the governor
for a term ending the first Monday in January 2009; and
(4) one member appointed by the governor
for a term ending the first Monday in January 2008.
(f) (e) Citizen members are
entitled to per diem and reimbursement for expenses incurred in the services of
the commission, as provided in section 15.059, subdivision 3.
(g) (f) The governor's
appointments are subject to the advice and consent of the senate.
Sec. 4. Minnesota Statutes 2015 Supplement, section 116P.05, subdivision 2, is amended to read:
Subd. 2. Duties. (a) The commission shall recommend an
annual or biennial legislative bill for appropriations from the environment and
natural resources trust fund and shall adopt a strategic plan as provided in
section 116P.08. Approval of the
recommended legislative bill requires an affirmative vote of at least 12
members of the commission. When
selecting projects or programs for recommendation to the legislature, the
commission must give priority to large-scale, on-the-ground projects and
programs that provide tangible results.
(b) It is a condition of acceptance of the appropriations made from the Minnesota environment and natural resources trust fund, and oil overcharge money under section 4.071, subdivision 2, that the agency or entity receiving the appropriation must submit a work plan and semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources, and comply with applicable reporting requirements under section 116P.16. None of the money provided may be spent unless the commission has approved the pertinent work
plan. Modifications to the approved work plan and budget expenditures shall be made through the amendment process established by the commission. The commission shall ensure that the expenditures and outcomes described in the work plan for appropriations funded by the environment and natural resources trust fund are met.
(c) The peer review procedures created under section 116P.08 must also be used to review, comment, and report to the commission on research proposals applying for an appropriation from the oil overcharge money under section 4.071, subdivision 2.
(d) The commission may adopt operating procedures to fulfill its duties under this chapter.
(e) As part of the operating procedures, the commission shall:
(1) ensure that members' expectations are to participate in all meetings related to funding decision recommendations;
(2) recommend adequate funding for increased citizen outreach and communications for trust fund expenditure planning;
(3) allow administrative expenses as part of individual project expenditures based on need;
(4) provide for project outcome evaluation;
(5) keep the grant application, administration, and review process as simple as possible; and
(6) define and emphasize the leveraging of additional sources of money that project proposers should consider when making trust fund proposals.
Sec. 5. Minnesota Statutes 2014, section 116P.08, subdivision 4, is amended to read:
Subd. 4. Legislative recommendations. (a) Funding may be provided only for those projects that meet the categories established in subdivision 1.
(b) The commission must recommend an annual or biennial legislative bill to make appropriations from the trust fund for the purposes provided in subdivision 1. The recommendations must be submitted to the governor for inclusion in the biennial budget and supplemental budget submitted to the legislature.
(c) The commission may recommend regional block grants for a portion of trust fund expenditures to partner with existing regional organizations that have strong citizen involvement, to address unique local needs and capacity, and to leverage all available funding sources for projects.
(d) The commission may recommend the
establishment of an emerging issues account in its legislative bill for funding
projects or programs addressing emerging issues requiring urgency,
which come up unexpectedly, but which still adhere to the commission's
strategic plan, to be approved by the governor after initiation and
recommendation by the commission. Projects
or programs funded from the emerging issues account must not be projects or
programs being considered by the commission for its next legislative bill,
unless the project or program receives funding from the emerging issues account
sufficient to complete the project or program or otherwise provide measurable
outcomes without the need for additional funding.
(e) Money in the trust fund may not be spent except under an appropriation by law.
Sec. 6. Minnesota Statutes 2015 Supplement, section 116P.08, subdivision 5, is amended to read:
Subd. 5. Public meetings. (a) Meetings of the commission, committees or subcommittees of the commission, technical advisory committees, and peer reviewers must be open to the public and are subject to chapter 13D. The commission shall attempt to meet throughout various regions of the state during each biennium. For purposes of this subdivision, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the commission, a committee or subcommittee of the commission, a technical advisory committee, or peer reviewers.
(b) For legislative members of the commission, enforcement of this subdivision is governed by section 3.055, subdivision 2. For nonlegislative members of the commission, enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.
Sec. 7. [116P.19]
DONATIONS.
A recipient of money from the trust
fund must 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 trust
fund that exceeds the documented expenses that are directly related to and
necessary for activities specified in the work plan approved by the commission,
unless expressly approved by the commission in the work plan. This section does not apply to:
(1) donations that are not connected
with the acquisition transaction; or
(2) 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.
Sec. 8. [116P.20]
EASEMENT MONITORING AND ENFORCEMENT REQUIREMENTS.
A recipient of money appropriated from
the trust fund for easement monitoring and enforcement may spend the money only
on activities included in an easement monitoring and enforcement plan contained
within the work plan. Money received for
monitoring and enforcement, including earnings on the money received, must be
kept in a monitoring and enforcement fund held by the recipient and dedicated
to monitoring and enforcing conservation easements in Minnesota. A recipient of an appropriation for easement
monitoring and enforcement must, within 120 days after the close of the
recipient's fiscal year, provide an annual financial report to the commission
or the commission's successor on the easement monitoring and enforcement fund
as specified in the work plan. Money
appropriated from the trust fund for monitoring and enforcement of easements
and earnings on the money appropriated revert to the state if:
(1) the easement transfers to the
state;
(2) the recipient fails to file an
annual financial report and then fails to cure the default within 30 days of
notification of the default by the state; or
(3) the recipient fails to comply with
the terms of the monitoring and enforcement plan contained within the work plan
and fails to cure the default within 90 days of notification of the default by
the state.
Sec. 9. Minnesota Statutes 2014, section 137.025, is amended by adding a subdivision to read:
Subd. 2a. Appropriations
from Minnesota environment and natural resources trust fund. (a) The commissioner of management and
budget shall pay no money to the University of Minnesota pursuant to a direct
appropriation from the Minnesota environment and natural resources trust fund
until the University of Minnesota requests reimbursement for expenditures
related to the direct appropriation. The
reimbursement request shall
specify
expenditures by appropriation. The commissioner
of management and budget shall reimburse the University of Minnesota by the
25th day of the month following the reimbursement request. If the 25th day of the month falls on a
Saturday, Sunday, or holiday, the payment must be made by the first business
day immediately following the 25th day of the month.
(b) For each year the appropriation is
available, the University of Minnesota must submit an encumbrance request to
the commissioner of management and budget by July 31 for the prior fiscal year. The encumbrance request shall identify the
amount the university anticipates it will request for reimbursement for
expenses in the prior fiscal year by appropriation. The commissioner of management and budget
shall maintain this amount as an encumbrance at the state level until the
university submits its final reimbursement request for that fiscal year.
(c) Final requests for reimbursement
must be made within 90 days from the last day the appropriation is available to
reimburse expenditures."
Delete the title and insert:
"A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying provisions for Legislative-Citizen Commission on Minnesota Resources; adding requirements for use of trust fund money; amending Minnesota Statutes 2014, sections 116P.05, subdivision 1; 116P.08, subdivision 4; 137.025, by adding a subdivision; Minnesota Statutes 2015 Supplement, sections 116P.05, subdivision 2; 116P.08, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 116P."
The motion prevailed and the amendment was adopted.
Hansen moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 46, line 10, after "results" insert "and comply with section 116P.03"
Hansen moved to amend the Hansen amendment to S. F. No. 2963, the first engrossment, as amended, as follows:
Page 1, after line 2, insert:
"Page 44, after line 17, insert:
"Sec. 3. Minnesota Statutes 2014, section 116P.03, is amended to read:
116P.03
TRUST FUND NOT TO SUPPLANT EXISTING FUNDING; APPROPRIATIONS.
(a) The trust fund may not be used as a substitute for traditional sources of funding environmental and natural resources activities, but the trust fund shall supplement the traditional sources, including those sources used to support the criteria in section 116P.08, subdivision 1. The trust fund must be used primarily to support activities whose benefits become available only over an extended period of time.
(b) The commission must determine the amount of the state budget spent from traditional sources to fund environmental and natural resources activities before and after the trust fund is established and include a comparison of the amount in the report under section 116P.09, subdivision 7.
(c) For the fiscal year beginning July 1, 2007, and each year thereafter, the amount of the environment and natural resources trust fund that is available for appropriation under the terms of the Minnesota Constitution, article XI, section 14, shall be appropriated by law.
(d) The amount appropriated from the environment and natural resources trust fund may be spent only for the public purpose of protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources. Recommendations made by the commission under this chapter must be consistent with the Minnesota Constitution, article XI, section 14; this chapter; and the strategic plan adopted under section 116P.08, subdivision 3, and must demonstrate a direct benefit to the state's environment and natural resources.
(e) Use of nontoxic shot is required on lands protected, conserved, preserved, or enhanced with money appropriated from the trust fund.""
Page 1, after line 3, insert:
"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 Hansen amendment to the Hansen amendment and the roll was called. There were 44 yeas and 84 nays as follows:
Those who voted in the affirmative were:
Allen
Applebaum
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
Mullery
Murphy, E.
Norton
Pinto
Rosenthal
Schultz
Selcer
Simonson
Slocum
Thissen
Wagenius
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, C.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Lucero
Lueck
Mack
Marquart
McDonald
McNamara
Metsa
Miller
Moran
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Sundin
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.
The question recurred on the Hansen amendment to S. F. No. 2963, the first engrossment, as amended. The motion did not prevail and the amendment was not adopted.
Hackbarth moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 3, delete lines 28 to 36
Page 4, delete lines 1 to 7
Reletter the paragraphs in sequence
Page 9, after line 12, insert:
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"(t) Natural Resources Research Institute |
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$2,987,000
the second year is from the trust fund to the Board of Regents of the
University of Minnesota for academic and applied research through MnDRIVE at
the Natural Resources Research Institute for projects that include, but are not
limited to, the creation of a portfolio of waterborne sulfate reduction
technologies and the development of technologies for current and emerging
environmental and natural resources opportunities. This appropriation is available until
June 30, 2018, and is not subject to Minnesota Statutes, section 116P.05,
subdivision 2."
Page 12, delete lines 19 to 36
Page 13, delete lines 1 to 6
Page 15, delete lines 1 to 26
Reletter the paragraphs in sequence
Page 20, delete lines 1 to 15
Reletter the paragraphs in sequence
Page 27, delete lines 15 to 26
Reletter the paragraphs in sequence
Adjust amounts accordingly
A roll call was requested and properly seconded.
The question was taken on the Hackbarth amendment and the roll was called. There were 70 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, P.
Anderson, S.
Anzelc
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Lucero
Lueck
Mack
McDonald
McNamara
Murphy, M.
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Runbeck
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Atkins
Backer
Baker
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Metsa
Miller
Moran
Mullery
Murphy, E.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
The motion prevailed and the amendment was adopted.
McNamara moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 7, line 28, delete "$1,000,000" and insert "$800,000"
Page 17, delete lines 31 to 36
Page 18, delete lines 1 to 7
Reletter the paragraphs in sequence
Page 24, delete lines 6 to 16
Reletter the paragraphs in sequence
Page 25, delete lines 26 to 36
Page 26, delete lines 1 to 3
Reletter the paragraphs in sequence
Page 26, line 6, delete "$500,000" and insert "$300,000"
Page 26, line 22, delete "$500,000" and insert "$300,000"
Page 34, after line 22, insert:
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"(g) State Park and Trail Enhancement |
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$1,500,000 the second year is from the trust fund to the commissioner of natural resources for enhancement of state parks and trails as follows: $800,000 is for enhancement of state parks and $700,000 is for enhancement of state trails. This appropriation is not subject to Minnesota Statutes, sections 116P.05, subdivision 2, paragraph (b), and 116P.09, subdivision 4."
Adjust amounts accordingly
A roll call was requested and properly seconded.
McNamara moved to amend the McNamara amendment to S. F. No. 2963, the first engrossment, as amended, as follows:
Page 1, after line 24, insert:
"Page 44, after line 17, insert:
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"Subd. 20. Waiver
of Deadlines |
|
|
|
|
Any deadlines established by the Legislative-Citizen Commission on Minnesota Resources for submission of proposals for the commission's fiscal year 2018 funding recommendations are waived until August 1, 2016, for proposals requesting $750,000 or more.""
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the McNamara amendment, as amended, and the roll was called. There were 72 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, P.
Anderson, S.
Anzelc
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
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
Applebaum
Atkins
Backer
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
The motion prevailed and the amendment, as amended, was adopted.
McNamara moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 31, line 11, after the period, insert "Of this amount, up to $25,000 may be used to monitor and study the effects of different levels of native plant diversity on roadside pollinators and the timing of mowing on pollinator abundance and diversity. The commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over transportation and environment and natural resources by January 15, 2017."
The motion prevailed and the amendment was adopted.
Persell moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 4, after line 17, insert:
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"(f) Minnesota Vegetative Buffer Assessment and Prioritization to Protect Water Quality |
|
|
|
$170,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop a geographic information system (GIS) assessment of riparian vegetative buffers in 67 agricultural counties in Minnesota using aerial imagery and light detection and ranging (LiDAR) terrain analysis in order to protect water quality."
Reletter the paragraphs in sequence
Page 8, delete lines 30 to 36
Page 9, delete lines 1 to 12
Page 19, line 18, delete "for an agreement" and insert "in cooperation"
Page 19, line 20, after "forests" insert "and train students, teachers, school district facility staff, and community volunteers to be long-term stewards of the school forests and provide education and service learning experiences at school forest sites"
Page 20, after line 15, insert:
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"(e) Workshops and Outreach for Nontoxic Ammunition Alternatives |
|
|
|
$133,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Raptor Center, in cooperation with the Department of Natural Resources and other conservation partners, to provide hunters with outreach and workshops on alternatives to lead hunting ammunition, including copper ammunition as an alternative, and to promote voluntary selection of nontoxic ammunition in order to protect raptors and other wildlife in Minnesota from accidental lead poisoning caused by ingestion of ammunition fragments left in the field."
Reletter the paragraphs in sequence
Page 22, delete lines 1 to 6 and insert:
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"(k) Analysis of Thermally Modified Wood Nesting Boxes for Birds |
|
|
|
$117,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to verify the performance and market readiness of bird nest boxes made from thermally modified Minnesota ash wood, by placing the nest boxes in nature centers, environmental learning centers, and school forests statewide for testing, collecting pertinent bird conservation data, and delivering related environmental education."
Page 24, after line 31, insert:
|
"(a) Solar
Cells Manufacturing Research |
|
|
|
|
$388,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop inexpensive, high-efficiency solar energy by simple roll-to-roll advanced manufacturing technology, using Perovskite, a new photovoltaic material. This appropriation is subject to Minnesota Statutes, section 116P.10. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered."
Reletter the paragraphs in sequence
Page 25, after line 11, insert:
|
"(c) High-Resolution Climate Projections to Aid Local Planning and Implementation Efforts |
|
|
|
$411,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to produce
statewide localized climate model projections to be used for long-term planning
and implementation of adaptation strategies for natural resources, infrastructure,
and human health at the local level. This
appropriation is available until June 30, 2019, by which time the project must
be completed and final products delivered.
|
(d) Geotargeted Distributed Clean Energy Initiative |
|
|
|
|
$800,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Center for Energy and Environment. Of this amount, up to $600,000 is for analysis of community distributed clean energy investments as alternatives to utility transmission and distribution upgrade capital investments to meet forecasted electrical loads. Up to $200,000 is to conduct pilot programs using energy efficiency and other distributed energy resources to achieve forecasted electric energy loads in communities and is contingent on a $200,000 match of an equal or greater amount of nonstate money. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered."
Reletter the paragraphs in sequence
Page 30, delete lines 30 to 34
Page 31, delete lines 1 to 16
Page 31, delete lines 19 to 28 and insert:
|
"(a) State Parks and Trails Land
Acquisition |
|
|
|
|
$2,445,000 the second year is from the
trust fund to the commissioner of natural resources to acquire approximately
300 acres from willing sellers for authorized state trails and critical parcels
within the statutory boundaries of state parks.
Of this amount, at least $445,000 must be used for state parks and
trails along the Minnesota River. State
park land acquired with this appropriation must be sufficiently improved to
meet at least minimum management standards, as determined by the commissioner
of natural resources. A list of proposed
acquisitions must be provided as part of the required work plan. This appropriation is available until June
30, 2019, by which time the project must be completed and final products
delivered.
|
(b) Scientific and Natural Area Acquisition and Restoration |
|
|
|
$4,000,000 the second year is from the trust
fund to the commissioner of natural resources to acquire approximately 400
acres of land with high-quality native plant communities and rare features from
willing sellers, to be established as scientific and natural areas as provided
in Minnesota Statutes, section 86A.05, subdivision 5, and restore and improve
approximately 750 acres of scientific and natural areas. Of this appropriation, at least $1,300,000 is
designated for restoration. A list of
proposed acquisitions and restorations must be provided as part of the required
work plan. Land acquired with this
appropriation must be sufficiently improved to meet at least minimum management
standards, as determined by the commissioner of natural resources. This appropriation is available until June 30,
2019, by which time the project must be completed and final products delivered.
|
(c) Minnesota Point Pine Forest Scientific and Natural Area Acquisition |
|
|
|
$500,000 the second year is from the trust fund to the commissioner of natural resources in cooperation with the Duluth Airport Authority to acquire approximately ten acres as an addition to the designated Minnesota Point Pine Forest Scientific and Natural Area located along the shores of Lake Superior in Duluth."
Reletter the paragraphs in sequence
Page 32, after line 23, insert:
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"(e) Wilder Forest Acquisition |
|
|
|
|
$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Washington County in cooperation with the Minnesota Food Association to partially acquire property in Washington County known as Wilder Forest to be used in organic agricultural production and habitat conservation. Any land to be acquired must be identified in an approved work plan, publicly owned, and open to public use. The county must evaluate and provide a long-term plan for the conservation of the Wilder Forest area to the Legislative-Citizen Commission on Minnesota Resources before the acquisition is completed. This appropriation must be matched by at least an equal amount of nonstate funds."
Reletter the paragraphs in sequence
Page 34, delete lines 23 to 27
Renumber the subdivisions in sequence
Adjust amounts accordingly
A roll call was requested and properly seconded.
The question was taken on the Persell amendment and the roll was called. There were 59 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.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, C.
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
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.
Persell moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 9, line 9, after the period, insert "By January 15, 2017, the commissioner of natural resources must submit an interim report 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 summarizing the data of the study."
Wagenius moved to amend the Persell amendment to S. F. No. 2963, the first engrossment, as amended, as follows:
Page 1, line 6, after the period, insert "The commissioner must solicit public input and incorporate that input when scoping the study. The study must address the use of pesticides, fungicides, and methods for enforcing the state's nondegradation standards in the area."
A roll call was requested and properly seconded.
The question was taken on the Wagenius amendment to the Persell amendment and the roll was called. There were 56 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Persell
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, C.
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
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
The motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Persell amendment to S. F. No. 2963, the first engrossment, as amended. The motion did not prevail and the amendment was not adopted.
Carlson moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 9, line 11, delete "sections 116P.05, subdivision 2," and insert "section"
Page 9, line 12, delete everything before "116P.09"
Page 31, line 15, delete "sections 116P.05, subdivision 2," and insert "section"
Page 31, line 16, delete everything before "116P.09"
A roll call was requested and properly seconded.
The question was taken on the Carlson amendment and the roll was called. There were 57 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.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Persell
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, C.
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
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
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
The motion did not prevail and the amendment was not adopted.
Hausman moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 8, line 31, delete "$1,500,000" and insert "$1,089,000"
Page 25, after line 11, insert:
|
"(b) High-Resolution Climate Projections to Aid Local Planning and Implementation Efforts |
|
|
|
$411,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to produce statewide localized climate model projections to be used for long-term planning and implementation of adaptation strategies for natural resources, infrastructure, and human health at the local level. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered."
Reletter the paragraphs in sequence
Adjust amounts accordingly
A roll call was requested and properly seconded.
The question was taken on the Hausman amendment and the roll was called. There were 56 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Persell
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, C.
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
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
The motion did not prevail and the amendment was not adopted.
Wagenius moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:
Page 8, line 31, delete "$1,500,000" and insert "$1,112,000"
Page 24, after line 31, insert:
|
"(a) Solar Cells
Manufacturing Research |
|
|
|
|
$388,000 the second year is from the trust
fund to the Board of Regents of the University of Minnesota to develop
inexpensive, high-efficiency solar energy by simple roll-to-roll advanced
manufacturing technology, using Perovskite, a new photovoltaic
material. This appropriation is subject to Minnesota Statutes, section 116P.10. This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered."
Reletter the paragraphs in sequence
Adjust amounts accordingly
A roll call was requested and properly seconded.
The question was taken on the Wagenius amendment and the roll was called. There were 56 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Ecklund
Erhardt
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Persell
Pinto
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Yarusso
Youakim
Those who voted in the negative were:
Albright
Anderson, C.
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
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
The motion did not prevail and the amendment was not adopted.
The Speaker called Sanders to the Chair.
S. F. No. 2963, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; adding requirements for use of trust fund money; creating reimbursement procedures for the University of Minnesota for money from the environment and natural resources trust fund; amending Minnesota Statutes 2014, section 137.025, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116P.
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 110 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Carlson
Christensen
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Liebling
Lien
Lillie
Lohmer
Loon
Lueck
Mack
Mahoney
Mariani
Marquart
McDonald
McNamara
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Runbeck
Sanders
Schoen
Schomacker
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Wills
Yarusso
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Bernardy
Bly
Clark
Drazkowski
Hansen
Hausman
Hornstein
Lesch
Loeffler
Lucero
Masin
Metsa
Pinto
Rosenthal
Schultz
Thissen
Whelan
Youakim
The bill was passed, as amended, and its title agreed to.
S. F. No. 3317, A bill for an act relating to environment; modifying dry cleaner response and reimbursement account provisions; modifying prior appropriation; requiring rulemaking; amending Minnesota Statutes 2014, sections 115B.48, by adding a subdivision; 115B.50, subdivision 3, by adding a subdivision; Laws 2015, First Special Session chapter 4, article 3, section 2, subdivision 4; repealing Minnesota Statutes 2015 Supplement, section 115B.48, subdivision 9.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
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
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Tuesday, May 17, 2016 and established a prefiling requirement for amendments offered to the following bills:
S. F. Nos. 1075, 1372, 1898, 2378, 2709, 2733, 3175 and 3589.
MOTIONS AND RESOLUTIONS
Kahn moved that her name be stricken as an author on H. F. No. 1365. The motion prevailed.
Schultz moved that the name of Loeffler be added as an author on H. F. No. 1449. The motion prevailed.
Moran moved that the names of Freiberg and Schoen be added as authors on H. F. No. 3042. The motion prevailed.
Mahoney moved that the name of Loeffler be added as an author on H. F. No. 3505. The motion prevailed.
Cornish moved that the name of Loeffler be added as an author on H. F. No. 3590. The motion prevailed.
Ward moved that the name of Loeffler be added as an author on H. F. No. 3778. The motion prevailed.
Dettmer moved that his name be stricken as an author on H. F. No. 3960. The motion prevailed.
Mahoney moved that the names of Moran and Simonson be added as authors on H. F. No. 4003. The motion prevailed.
Hausman moved that the name of Moran be added as an author on H. F. No. 4005. The motion prevailed.
Lillie moved that S. F. No. 2626 be recalled from the Committee on Government Operations and Elections Policy and be re-referred to the Committee on Ways and Means. The motion prevailed.
Erickson, Dettmer and Newberger introduced:
House Resolution No. 4, A House resolution expressing the sense of the House recognizing National Atomic Veterans Day on July 16.
The resolution was referred to the Committee on Rules and Legislative Administration.
ADJOURNMENT
Peppin moved that when the House adjourns today it adjourn until 4:00 p.m., Monday, May 16, 2016. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and Speaker pro tempore Sanders declared the House stands adjourned until 4:00 p.m., Monday, May 16, 2016.
Patrick D. Murphy, Chief Clerk, House of Representatives