Journal of the House - 82nd Day - Monday, March 29, 2010

A quorum was present.

Lanning was excused.

Clark was excused until 1:00 p.m.

The Chief Clerk proceeded to read the Journals of the preceding days. Shimanski moved that further reading of the Journals be dispensed with and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9606

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Carlson from the Committee on Finance to which was referred:

H. F. No. 2840, A bill for an act relating to state government; establishing a collaborative governance council; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 6.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [6.81] COLLABORATIVE GOVERNANCE COUNCIL.

Subdivision 1. Establishment; membership. (a) A collaborative governance council is established and shall include major statewide governmental entities and nongovernmental statewide organizations as provided in this subdivision. The 12-member council consists of the state auditor and one member appointed by and serving at the pleasure of each of the following:

(1) League of Minnesota Cities;

(2) Minnesota Association of Townships;

(3) Association of Minnesota Counties;

(4) Minnesota School Board Association;

(5) American Federation of State, County, and Municipal Employees;

(6) Education Minnesota;

(7) Service Employees International Union;

(8) a senator appointed by the majority leader of the senate;

(9) a senator appointed by the minority leader of the senate;

(10) a member of the house of representatives appointed by the speaker of the house; and

(11) a member of the house of representatives appointed by the house minority leader.

The appointing authorities under this section shall complete their initial appointments no later than July 1, 2010.

(b) Council members shall be represented by the designated appointee of each respective organization. The council shall seek input from nonmember organizations whose expertise can help inform the council's work.

(c) In conjunction with the auditor's duties to recommend best practices for delivery of local government service, the state auditor shall serve as chair of the council and shall convene the first meeting by July 31, 2010. The council must meet at least quarterly.

(d) Members do not receive compensation or reimbursement of expenses from the council for service on the council.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9607

Subd. 2. Powers and duties; report. (a) The council shall develop recommendations to the governor and the legislature designed to increase collaboration in government. These recommendations may include, but are not limited to, strategies, policies, or other actions focused on the:

(1) review of statutes, laws, and rules that slow collaboration efforts;

(2) use of collaboration to improve the delivery of governmental services;

(3) use of technology to connect entities and share information, including broadband access;

(4) modernization of financial transactions and their oversight by facilitating credit and debit card transactions, electronic funds, transfers, and electronic data interchange; and

(5) creation of model forms for joint power agreements.

(b) By February 1 of each year, the council shall submit its recommendations, including any draft legislation necessary to implement its recommendations, to the governor and to the chairs and ranking members of the legislative committees and divisions with jurisdiction over state and local government policy and finance and early childhood through grade 12 education policy and finance.

Subd. 3. Expiration. This section expires June 30, 2015.

EFFECTIVE DATE. This section is effective June 1, 2010."

Delete the title and insert:

"A bill for an act relating to state government; establishing a collaborative governance council; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 6."

With the recommendation that when so amended the bill pass.

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 2848, A bill for an act relating to public safety; modifying allocation of certain state fines and forfeitures; amending Minnesota Statutes 2009 Supplement, section 299D.03, subdivision 5.

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3029, A bill for an act relating to transportation; modifying provisions governing movement of large vehicles on public streets and highways; making technical changes; repealing certain rules related to motor carriers; amending Minnesota Statutes 2008, sections 169.86, subdivision 5; 169.863, subdivision 1; 169.864, subdivision 4; 169.871, subdivisions 1, 1a, 1b; Minnesota Statutes 2009 Supplement, sections 169.801, subdivision 10; 169.81, subdivision 3; 169.824, subdivision 2; 169.8261, subdivision 2; 169.864, subdivision 2; 169.865, subdivision 1;

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9608

221.025; 221.031, subdivision 3; repealing Minnesota Statutes 2008, section 169.826, subdivision 6; Minnesota Rules, parts 7800.0100, subparts 4, 6, 7, 8, 11, 12, 13, 14; 7800.0200; 7800.0400; 7800.0800; 7800.0900; 7800.1000; 7800.3200, subpart 2; 7800.3300; 7805.0500; 7805.0900; 7805.1300; 8850.7950; 8850.8000; 8850.8050, subpart 2; 8850.8100; 8850.8250; 8850.8300; 8850.8350; 8850.8800; 8850.8850; 8850.9050, subpart 3; 8855.0410; 8855.0600; 8855.0850; 8920.0100; 8920.0150; 8920.0200; 8920.0300; 8920.0400; 8920.0500; 8920.0600; 8920.0700; 8920.0800; 8920.0900; 8920.1000; 8920.1100; 8920.1200; 8920.1300; 8920.1400; 8920.1500; 8920.1550; 8920.1600; 8920.1700; 8920.1800; 8920.1900; 8920.2000; 8920.2100; 8920.2200; 8920.2300; 8920.2400; 8920.2500; 8920.2600; 8920.2700; 8920.2800; 8920.2900; 8920.3000; 8920.3100; 8920.3200; 8920.3300; 8920.3400; 8920.3500; 8920.3600; 8920.3700; 8920.3800; 8920.3900; 8920.4000; 8920.4100; 8920.4200; 8920.4300; 8920.4400; 8920.4500.

Reported the same back with the following amendments:

Page 1, after line 23, insert:

"ARTICLE 1

VEHICLE WEIGHTS AND DIMENSIONS

Section 1. Minnesota Statutes 2008, section 169.801, subdivision 5, is amended to read:

Subd. 5. Height and width. A person operating, or towing~~, or transporting~~ an implement of husbandry that is higher than 13 feet six inches or wider than allowed under section 169.80, subdivision 2, must ensure that the operation or transportation does not damage a highway structure, utility line or structure, or other fixture adjacent to or over a public highway."

Page 3, after line 28, insert:

"Sec. 4. Minnesota Statutes 2009 Supplement, section 169.824, subdivision 1, is amended to read:

Subdivision 1. Table of axle weight limits. (a) No vehicle or combination of vehicles equipped with pneumatic tires shall be operated upon the highways of this state where the total gross weight on any group of two or more consecutive axles of any vehicle or combination of vehicles exceeds that given in the following axle weight limits table for the distance between the centers of the first and last axles of any group of two or more consecutive axles under consideration;. Unless otherwise noted, the distance between axles ~~being~~ must be measured longitudinally to the nearest even foot, and when the measurement is a fraction of exactly one-half foot the next largest whole number in feet shall be used, except that when the distance between axles is more than three feet four inches and less than three feet six inches the distance of four feet shall be used:.

Axle Weight Limits

Maximum gross weight in pounds on a group of

2 3 4

consecutive axles consecutive axles consecutive axles Distances in feet of a 2-axle vehicle of a 3-axle vehicle of a 4-axle vehicle

between centers of or any combination or any combination or any combination

foremost and rearmost of vehicles having a of vehicles having a of vehicles having a

axles of a group total of 2 or more axles total of 3 or more axles total of 4 or more axles

4 34,000

5 34,000

6 34,000

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9609

7 34,000 ~~37,000~~ 34,000

8 34,000 ~~38,500~~ 34,000

8 plus 34,000 42,000

(38,000)

9 35,000 43,000

(39,000)

10 36,000 43,500 49,000

(40,000)

11 36,000 44,500 49,500

12 45,000 50,000

13 46,000 51,000

14 46,500 51,500

15 47,500 52,000

16 48,000 53,000

17 49,000 53,500

18 49,500 54,000

19 50,500 55,000

20 51,000 55,500

21 52,000 56,000

22 52,500 57,000

23 53,500 57,500

24 54,000 58,000

25 (55,000) 59,000

26 (55,500) 59,500

27 (56,500) 60,000

28 (57,000) 61,000

29 (58,000) 61,500

30 (58,500) 62,000

31 (59,500) 63,000

32 (60,000) 63,500

33 64,000

34 65,000

35 65,500

36 66,000

37 67,000

38 67,500

39 68,000

40 69,000

41 69,500

42 70,000

43 71,000

44 71,500

45 72,000

46 72,500

47 (73,500)

48 (74,000)

49 (74,500)

50 (75,500)

51 (76,000)

52 (76,500)

53 (77,500)

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9610

54 (78,000)

55 (78,500)

56 (79,500)

57 (80,000)

(b) The maximum gross weight on a group of three consecutive axles, where the distance between centers of foremost and rearmost axles ~~is listed as~~ of any axle group is seven feet or eight feet ~~applies only to~~, is 34,000 pounds, except for vehicles manufactured before August 1, 1991. Notwithstanding any lesser weight shown in the axle weight limits table, for vehicles manufactured before August 1, 1991:

(1) the maximum gross weight on a group of three consecutive axles, where the distance between centers of the foremost and rearmost axles of any axle group is seven feet, is 37,000 pounds; and

(2) the maximum gross weight on a group of three consecutive axles, where the distance between centers of foremost and rearmost axle groups is eight feet, is 38,500 pounds.

Axle Weight Limits (continued)

Maximum gross weight in pounds on a group of

5 6 7 8

consecutive consecutive consecutive consecutive

Distances in axles of a axles of a axles of a axles of an

feet between 5-axle vehicle or 6-axle vehicle or 7-axle vehicle or 8-axle vehicle or

centers of any combination any combination any combination any combination

foremost and of vehicles of vehicles of vehicles of vehicles

rearmost axles having a total of having a total of having a total of having a total of

of a group 5 or more axles 6 or more axles 7 or more axles 8 or more axles

14 57,000

15 57,500

16 58,000

17 59,000

18 59,500

19 60,000

20 60,500 66,000 72,000

21 61,500 67,000 72,500

22 62,000 67,500 73,000

23 62,500 68,000 73,500

24 63,000 68,500 74,000

25 64,000 69,000 75,000

26 64,500 70,000 75,500

27 65,000 70,500 76,000

28 65,500 71,000 76,500

29 66,500 71,500 77,000

30 67,000 72,000 77,500

31 67,500 73,000 78,500

32 68,000 73,500 79,000

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9611

33 69,000 74,000 79,500

34 69,500 74,500 80,000

35 70,000 75,000 (80,500) (86,000)

36 70,500 76,000 (81,000) (86,500)

37 71,500 76,500 (81,500) (87,000)

38 72,000 77,000 (82,000) (87,500)

39 72,500 77,500 (82,500) (88,500)

40 73,000 78,000 (83,500) (89,000)

41 74,000 79,000 (84,000) (89,500)

42 74,500 79,500 (84,500) (90,000)

43 75,000 80,000 (85,000) (90,500)

44 75,500 (80,500) (85,500) (91,000)

45 76,500 (81,000) (86,000) (91,500)

46 77,000 (81,500) (87,000) (92,500)

47 77,500 (82,000) (87,500) (93,000)

48 78,000 (83,000) (88,000) (93,500)

49 79,000 (83,500) (88,500) (94,000)

50 79,500 (84,000) (89,000) (94,500)

51 80,000 (84,500) (89,500) (95,000)

52 (80,500) (85,000) (90,500) (95,500)

53 (81,000) (86,000) (91,000) (96,500)

54 (81,500) (86,500) (91,500) (97,000)

55 (82,500) (87,000) (92,000) (97,500)

56 (83,000) (87,500) (92,500) (98,000)

57 (83,500) (88,000) (93,000) (98,500)

58 (84,000) (89,000) (94,000) (99,000)

59 (85,000) (89,500) (94,500) (99,500)

60 (85,500) (90,000) (95,000) (100,500)

61 (95,500) (101,000)

62 (96,000) (101,500)

63 (96,500) (102,000)

64 (97,000) (102,500)

65 (103,000)

66 (103,500)

67 (104,500)

68 (105,000)

69 (105,500)

70 (106,000)

71 (106,500)

72 (107,000)

73 (107,500)

74 (108,000)

(d) The gross weights shown without parentheses in ~~this~~ the axle weight limits table are allowed on unpaved streets and highways, unless posted to a lesser weight under section 169.87, subdivision 1. The gross weights shown in this table, whether within or without parentheses, are allowed on paved streets and highways, unless posted to a lesser weight under section 169.87, subdivision 1. Gross weights in excess of 80,000 pounds require an overweight permit under this chapter, unless otherwise allowed under section 169.826.

~~(b)~~ (e) Notwithstanding any lesser weight ~~in pounds~~ shown in ~~this~~ the axle weight limits table, but subject to the restrictions on gross vehicle weights in subdivision 2, paragraph (a), two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each and a combined gross load of 68,000 pounds provided the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more."

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9612

Page 6, line 4, strike "169.822" and insert "169.823"

Page 8, after line 17, insert:

"Sec. 8. Minnesota Statutes 2008, section 169.862, subdivision 1, is amended to read:

Subdivision 1. Annual permit authority; restrictions. The commissioner of transportation with respect to highways under the commissioner's jurisdiction, and local authorities with respect to highways under their jurisdiction, may issue an annual permit to enable a vehicle carrying bales of hay, straw, or cornstalks, with a total outside width of the vehicle or the load not exceeding 12 feet, and a total height of the loaded vehicle not exceeding ~~14-1/2~~ 15 feet, to be operated on public streets and highways. Loaded vehicles operating on interstate highways within the seven-county metropolitan area may not exceed a total height of 14 1/2 feet.

Sec. 9. Minnesota Statutes 2009 Supplement, section 169.862, subdivision 2, is amended to read:

Subd. 2. Additional restrictions. Permits issued under this section are governed by the applicable provisions of section 169.86 except as otherwise provided herein and, in addition, carry the following restrictions:

(a) The vehicles may not be operated between sunset and sunrise, when visibility is impaired by weather, fog, or other conditions rendering persons and vehicles not clearly visible at a distance of 500 feet, or on Sunday from noon until sunset, or on the days the following holidays are observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(b) The vehicles may not be operated on a trunk highway with a pavement less than 24 feet wide.

(c) A vehicle operated under the permit must be equipped with a retractable or removable mirror on the left side so located that it will reflect to the driver a clear view of the highway for a distance of at least 200 feet to the rear of the vehicle.

(d) A vehicle operated under the permit must display red, orange, or yellow flags, 18 inches square, as markers at the front and rear and on both sides of the load. The load must be securely bound to the transporting vehicle.

(e) Farm vehicles not for hire carrying ~~round~~ baled hay, straw, or cornstalks less than 20 miles are exempt from the requirement to obtain a permit. All other requirements of this section apply to vehicles transporting ~~round~~ baled hay, straw, or cornstalks."

Page 11, delete section 11 and insert:

"Sec. 15. Minnesota Statutes 2008, section 169.871, subdivision 1a, is amended to read:

Subd. 1a. Special permit violations. (a) The owner or lessee of a vehicle that is operated with a gross weight in excess of a an adjusted weight limit ~~imposed by permit under sections 169.86 and 169.862~~ and a shipper who ships or tenders goods for shipment in a single truck or combination vehicle that exceeds a an adjusted weight limit ~~permitted under section 169.86 or 169.862~~ is liable for a civil penalty. The civil penalty is the greater of (1) as calculated at a rate of five cents per pound for each pound in excess of the highest weight ~~permitted under section 169.86 or 169.862~~ allowed by the permit or under section 169.826, subdivision 1, or (2) $100~~, whichever is greater~~.

(b) Any penalty imposed upon a defendant under this subdivision shall not exceed the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal overweight action that arose from the same overweight violation may not be applied toward payment of the civil penalty under this subdivision. A peace officer or Department of Public Safety employee described in section 299D.06 who cites a driver for a violation of the

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9613

adjusted weight ~~limitations established by permit pursuant to section 169.86 or 169.862~~ limit shall give written notice to the driver that the driver or another may also be liable for the civil penalty provided in this subdivision in the same or separate proceedings.

(c) For purposes of this subdivision, "adjusted weight limit" means a weight limit (1) imposed by a permit issued under this chapter, or (2) imposed under section 169.826, subdivision 1."

Page 14, after line 7, insert:

"ARTICLE 2

CROSS REFERENCES

Section 1. Minnesota Statutes 2008, section 169.823, as amended by Laws 2009, chapter 64, section 5, is amended to read:

169.823 TIRE WEIGHT LIMITS.

Subdivision 1. Pneumatic-tired vehicle. No vehicle or combination of vehicles equipped with pneumatic tires shall be operated upon the highways of this state:

(1) where the gross weight on any wheel exceeds 9,000 pounds on an unpaved street or highway or 10,000 pounds on a paved street or highway, unless posted to a lesser weight under section 169.87, subdivision 1;

(2) where the gross weight on any single axle exceeds 18,000 pounds on an unpaved street or highway or 20,000 pounds on a paved street or highway, unless posted to a lesser weight under section 169.87, subdivision 1;

(3) where the maximum wheel load:

(i) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire width or the manufacturer's recommended load, whichever is less; or

(ii) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's recommended load, whichever is less; or

(4) where the gross weight on any group of axles exceeds the weights permitted under sections ~~169.822~~ 169.823 to 169.829 with any or all of the interior axles disregarded, and with an exterior axle disregarded if the exterior axle is a variable load axle that is not carrying its intended weight, and their gross weights subtracted from the gross weight of all axles of the group under consideration.

Subd. 2. Vehicle not equipped with pneumatic tires. A vehicle or combination of vehicles not equipped with pneumatic tires shall be governed by the provisions of sections ~~169.822~~ 169.823 to 169.829, except that the gross weight limitations shall be reduced by 40 percent.

Sec. 2. Minnesota Statutes 2008, section 169.826, as amended by Laws 2009, chapter 64, section 57, is amended to read:

169.826 GROSS WEIGHT SEASONAL INCREASES.

Subdivision 1. Winter increase amounts. The limitations provided in sections ~~169.822~~ 169.823 to 169.829 are increased by ten percent between the dates set by the commissioner for each zone established by the commissioner based on a freezing index model each winter.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9614

Subd. 1a. Harvest season increase amount; permit. The limitations provided in sections ~~169.822~~ 169.823 to 169.829 are increased by ten percent from the beginning of harvest to November 30 each year for the movement of sugar beets, carrots, and potatoes from the field of harvest to the point of the first unloading. Transfer of the product from a farm vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not considered to be the first unloading. A permit issued under section 169.86, subdivision 1, paragraph (a), is required. The commissioner shall not issue permits under this subdivision if to do so will result in a loss of federal highway funding to the state.

Subd. 2. Duration. The duration of a ten percent increase in load limits is subject to limitation by order of the commissioner, subject to implementation of springtime load restrictions.

Subd. 3. Excess weight permit. When the ten percent increase is in effect, a permit is required for a motor vehicle, trailer, or semitrailer combination that has a gross weight in excess of 80,000 pounds, an axle group weight in excess of that prescribed in section 169.824, or a single axle weight in excess of 20,000 pounds and which travels on interstate routes.

Subd. 4. Weight limits set by other law. In cases where gross weights in an amount less than that set forth in sections ~~169.822~~ 169.823 to 169.829 are fixed, limited, or restricted on a highway or bridge by or under another section of this chapter, the lesser gross weight as fixed, limited, or restricted may not be exceeded and must control instead of the gross weights set forth in sections ~~169.822~~ 169.823 to 169.829.

Subd. 6. Permit extension. The commissioner may, after determining the ability of the highway structure and frost condition to support additional loads, grant a permit extending seasonal increases for vehicles using portions of routes falling within two miles of the southern boundary of the zone described under subdivision 1, clause (2).

Sec. 3. Minnesota Statutes 2009 Supplement, section 169.8261, subdivision 1, is amended to read:

Subdivision 1. Exemption. (a) For purposes of this section, "raw or unfinished forest products" include wood chips, paper, pulp, oriented strand board, laminated strand lumber, hardboard, treated lumber, untreated lumber, or barrel staves.

(b) In compliance with this section, a person may operate a vehicle or combination of vehicles to haul raw or unfinished forest products by the most direct route to the nearest paved highway on any highway with gross weights permitted under sections ~~169.822~~ 169.823 to 169.829.

Sec. 4. Minnesota Statutes 2008, section 169.828, subdivision 1, is amended to read:

Subdivision 1. Consecutive axle weight and number of axles. No vehicle alone nor any single vehicle of a combination of vehicles shall be equipped with more than four axles unless the additional axles are steering axles or castering axles; provided that the limitation on the number of axles as provided in sections ~~169.822~~ 169.823 to 169.829 shall not apply to any vehicle operated under permit pursuant to section 169.86. No vehicle alone nor any single vehicle of a combination of vehicles shall exceed the posted weight limit for a single vehicle.

Sec. 5. Minnesota Statutes 2008, section 169.829, is amended to read:

169.829 WEIGHT LIMITS NOT APPLICABLE TO CERTAIN VEHICLES.

Subdivision 1. City vehicle except on trunk highway. (a) The provisions of sections ~~169.822~~ 169.823 to 169.828 do not apply to vehicles operated exclusively in any city in this state which has in effect an ordinance regulating the gross weight of vehicles operated within that city.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9615

(b) This subdivision does not apply to trunk highways.

Subd. 2. Tow truck. Sections ~~169.822~~ 169.823 to 169.828 do not apply to a tow truck or towing vehicle when towing a disabled or damaged vehicle, when the movement is urgent, and when the movement is for the purpose of removing the disabled vehicle from the roadway to a place of safekeeping or to a place of repair.

Subd. 3. Utility vehicle. Sections ~~169.822~~ 169.823 to 169.828 do not apply to a utility vehicle that does not exceed a weight of 20,000 pounds per axle and is owned by:

(1) a public utility, as defined in section 216B.02;

(2) a municipality or municipal utility that operates that vehicle for its municipal electric, gas, or water system; and

(3) a cooperative electric association organized under chapter 308A.

Sec. 6. Minnesota Statutes 2009 Supplement, section 169.85, subdivision 2, is amended to read:

Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this section, an officer may require the driver to stop the vehicle in a suitable place and remain standing until a portion of the load is removed that is sufficient to reduce the gross weight of the vehicle to the limit permitted under either section 168.013, subdivision 3, paragraph (b), or sections ~~169.822~~ 169.823 to 169.829, whichever is the lesser violation, if any. A suitable place is a location where loading or tampering with the load is not prohibited by federal, state, or local law, rule, or ordinance.

(b) Except as provided in paragraph (c), a driver may be required to unload a vehicle only if the weighing officer determines that (1) on routes subject to the provisions of sections ~~169.822~~ 169.823 to 169.829, the weight on an axle exceeds the lawful gross weight prescribed by sections ~~169.822~~ 169.823 to 169.829, by 2,000 pounds or more, or the weight on a group of two or more consecutive axles in cases where the distance between the centers of the first and last axles of the group under consideration is ten feet or less exceeds the lawful gross weight prescribed by sections ~~169.822~~ 169.823 to 169.829, by 4,000 pounds or more; or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted in accordance with section 169.87. Material unloaded must be cared for by the owner or driver of the vehicle at the risk of the owner or driver.

(c) If the gross weight of the vehicle does not exceed the vehicle's registered gross weight plus the weight allowance set forth in section 168.013, subdivision 3, paragraph (b), and plus, if applicable, the weight allowance permitted under section 169.826, then the driver is not required to unload under paragraph (b).

Sec. 7. Minnesota Statutes 2008, section 169.851, subdivision 5, is amended to read:

Subd. 5. Exception for farm and forest products. Subdivision 4 does not apply to the first haul of unprocessed or raw farm products and the transportation of raw and unfinished forest products, including wood chips, when the maximum weight limitations permitted under sections ~~169.822~~ 169.823 to 169.829 are not exceeded by more than ten percent.

Sec. 8. Minnesota Statutes 2008, section 169.86, subdivision 1a, is amended to read:

Subd. 1a. Seasonal permits for certain haulers. The commissioner of transportation, upon application in writing therefor, may issue special permits annually to any hauler authorizing the hauler to move vehicles or combinations of vehicles with weights exceeding by not more than ten percent the weight limitations contained in sections ~~169.822~~ 169.823 to 169.829, on interstate highways during the times and within the zones specified in sections ~~169.822~~ 169.823 to 169.829.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9616

Sec. 9. Minnesota Statutes 2009 Supplement, section 169.87, subdivision 2, is amended to read:

Subd. 2. Seasonal load restriction. (a) Unless restricted as provided in subdivision 1, between the dates set by the commissioner of transportation each year, the weight on any single axle shall not exceed:

(1) five tons on an unpaved street or highway; or

(2) ten tons on a paved street or highway.

(b) The gross weight on consecutive axles on an unpaved street or highway shall not exceed the gross weight allowed in sections ~~169.822~~ 169.823 to 169.829 multiplied by a factor of five divided by nine. This reduction shall not apply to the gross vehicle weight."

Renumber the sections in sequence and correct the internal references

Correct the title numbers accordingly

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3191, A bill for an act relating to human services; including sexual contact in secure treatment facilities as criminal sexual conduct in the fourth degree; amending Minnesota Statutes 2008, section 609.345, subdivision 1.

Reported the same back with the following amendments:

Page 1, after line 5, insert:

"Section 1. Minnesota Statutes 2008, section 609.344, subdivision 1, is amended to read:

Subdivision 1. Crime defined. A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case if the actor is no more than 120 months older than the complainant, it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not be a defense. If the actor in such a case is no more than 48 months but more than 24 months older than the complainant, the actor may be sentenced to imprisonment for not more than five years. Consent by the complainant is not a defense;

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9617

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual penetration occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual penetration occurred by means of therapeutic deception. Consent by the complainant is not a defense;

(k) the actor accomplishes the sexual penetration by means of deception or false representation that the penetration is for a bona fide medical purpose. Consent by the complainant is not a defense;

(l) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and:

(i) the sexual penetration occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual penetration occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense;

(m) the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, or secure treatment facility, or treatment facility providing services to clients civilly committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic personalties,

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9618

including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system. Consent by the complainant is not a defense. "Secure treatment facility" has the meaning given in section 253B.02, subdivision 18a;

(n) the actor provides or is an agent of an entity that provides special transportation service, the complainant used the special transportation service, and the sexual penetration occurred during or immediately before or after the actor transported the complainant. Consent by the complainant is not a defense; or

(o) the actor performs massage or other bodywork for hire, the complainant was a user of one of those services, and nonconsensual sexual penetration occurred during or immediately before or after the actor performed or was hired to perform one of those services for the complainant."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 3, delete "fourth degree" and insert "third and fourth degrees"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3237, A bill for an act relating to human services; changing health care eligibility provisions; making changes to individualized education plan requirements; state health access program; coverage of private duty nursing services; children's health insurance reauthorization act; long-term care partnership; asset transfers; community clinics; dental benefits; prior authorization for health services; drug formulary committee; preferred drug list; multisource drugs; administrative uniformity committee; health plans; claims against the state; income standards for eligibility; prepaid health plans; amending Minnesota Statutes 2008, sections 62A.045; 62Q.80; 62S.24, subdivision 8; 256B.055, subdivision 10; 256B.057, subdivision 1; 256B.0571, subdivision 6; 256B.0625, subdivisions 13c, 13g, 25, 30, by adding a subdivision; 256L.04, subdivision 7b; Minnesota Statutes 2009 Supplement, sections 15C.13; 256B.032; 256B.056, subdivision 1c; 256B.0571, subdivision 8; 256B.0625, subdivisions 9, 13e, 26; 256B.69, subdivisions 5a, 23; 256D.03, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 62Q; 62S; repealing Minnesota Statutes 2008, sections 256B.0571, subdivision 10; 256B.0595, subdivisions 1b, 2b, 3b, 4b, 5.

Reported the same back with the following amendments:

Pages 3 to 4, delete section 1

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, delete "coverage of private duty nursing services;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill pass.

The report was adopted.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9619

Carlson from the Committee on Finance to which was referred:

H. F. No. 3329, A bill for an act relating to education finance; clarifying the retired employee health benefits levy calculation; amending Minnesota Statutes 2009 Supplement, section 126C.41, subdivision 2.

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3330, A bill for an act relating to education; clarifying revenue definitions for school districts and charter schools; amending Minnesota Statutes 2008, section 125A.79, subdivision 1.

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

The report was adopted.

Carlson from the Committee on Finance to which was referred:

H. F. No. 3515, A bill for an act relating to state government; specifying the name of the state accounting and procurement system; proposing coding for new law in Minnesota Statutes, chapter 16A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. APPROPRIATION; DEPARTMENT OF REVENUE.

Subdivision 1. Tax system management. (a) $2,428,500 is appropriated to the commissioner of revenue for additional activities to identify and collect tax liabilities from individuals and businesses that currently do not pay all taxes owed. This initiative is expected to result in new general fund revenues of $6,532,500 for fiscal year 2011. This initiative is in addition to any other initiative enacted in the 2010 legislative session.

(b) The department must report to the chairs of the house of representative Ways and Means and senate Finance Committees by March 15, 2011, and January 15, 2012, on the following performance indicators:

(1) the number of corporations noncompliant with the corporate tax system each year and the percentage and dollar amounts of valid tax liabilities collected;

(2) the number of businesses noncompliant with the sales and use tax system and the percentage and dollar amount of the valid tax liabilities collected; and

(3) the number of individual noncompliant cases resolved and the percentage and dollar amount of valid tax liabilities collected.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9620

(c) The reports must also identify base-level expenditures and staff positions related to compliance and audit activities, including baseline information as of January 1, 2009. The information must be provided at the budget activity level.

Subd. 2. Debt collection management. $935,000 is for additional activities to identify and collect tax liabilities from individuals and businesses that currently do not pay all taxes owed. This initiative is expected to result in new general fund revenues of $6,900,000 for fiscal year 2011. This initiative is in addition to any other initiative enacted in the 2010 legislative session.

Subd. 3. Telecommuting. To the extent possible, staff hired for the compliance initiative under this section must telecommute.

Sec. 2. REQUEST FOR PROPOSALS.

(a) The commissioner of revenue shall issue a request for proposals for a contract to implement a system of tax analytics and business intelligence tools to enhance the state's tax collection process and revenues by improving the means of identifying candidates for audit and collection activities and prioritizing those activities to provide the highest returns on auditors' and collection agents' time. The request for proposals must require that the system recommended and implemented by the contractor:

(1) leverage the Department of Revenue's existing data and other available data sources to build models that more effectively and efficiently identify accounts for audit review and collections;

(2) leverage advanced analytical techniques and technology such as pattern detection, predictive modeling, clustering, outlier detection, and link analysis to identify suspect accounts for audit review and collections;

(3) leverage a variety of approaches and analytical techniques to rank accounts and improve the success rate and the return on investment of department employees engaged in audit activities;

(4) leverage technology to make the audit process more sustainable and stable, even with turnover of department auditing staff;

(5) provide optimization capabilities to more effectively prioritize collections and increase the efficiency of employees engaged in collections activities; and

(6) incorporate mechanisms to decrease wrongful auditing and reduce interference with Minnesota taxpayers who are fully complying with the laws.

(b) Based on acceptable responses to the request for proposals, the commissioner shall enter into a contract for the services specified in paragraph (a) by July 1, 2012. The contract must incorporate a performance-based vendor financing option whereby the vendor shares in the risk of the project's success.

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

Delete the title and insert:

"A bill for an act relating to state government; appropriating money to the commissioner of revenue for additional activities to identify and collect tax liabilities; directing the commissioner to issue a request for proposals for a contract to implement a related system of tax analytics and business intelligence tools."

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

The report was adopted.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9621

Carlson from the Committee on Finance to which was referred:

H. F. No. 3741, A bill for an act relating to the state budget; modifying certain payment schedules; amending Minnesota Statutes 2008, sections 276.112; 289A.60, by adding a subdivision; Minnesota Statutes 2009 Supplement, sections 137.025, subdivision 1; 289A.20, subdivision 4.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 2840, 3191 and 3237 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Jackson introduced:

H. F. No. 3745, A bill for an act relating to human services; increasing payment rates for nursing facilities in Mille Lacs County to the peer group one median rate; amending Minnesota Statutes 2008, section 256B.441, by adding a subdivision.

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

Clark introduced:

H. F. No. 3746, A bill for an act relating to environment; requiring enhanced occupational safety standards for closed landfill cleanup; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 115B.

The bill was read for the first time and referred to the Committee on Environment Policy and Oversight.

Olin and Marquart introduced:

H. F. No. 3747, A bill for an act relating to property taxation; allowing the Thief River Falls airport authority to levy against referendum market value rather than net tax capacity.

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

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9622

Simon introduced:

H. F. No. 3748, A bill for an act relating to local government; authorizing chairs and ranking minority members of the Committees on Finance and Ways and Means to request local impact notes; amending Minnesota Statutes 2008, section 3.987, subdivision 1.

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

Sertich 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 Speaker pro tempore Pelowski.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 3108, A bill for an act relating to elections; changing and clarifying certain provisions; amending Minnesota Statutes 2008, sections 201.016, subdivision 1a; 201.061, subdivision 1; 201.11; 201.12; 201.121, subdivision 3; 201.13; 201.14; 201.15, subdivisions 1, 2; 201.155; 201.171; 203B.02, subdivision 3; 203B.04, subdivision 1; 203B.06, subdivisions 1, as amended, 5; 203B.081, as amended; 203B.16, subdivision 2; 203B.19; 203B.227; 204B.04, subdivision 2; 204B.135, subdivision 4; 204B.14, by adding a subdivision; 204B.18, subdivision 1; 204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.28, by adding a subdivision; 204B.38; 204C.02; 204C.04, subdivision 1; 204C.06, subdivision 1; 204C.08; 204C.09, subdivision 1; 204C.12, subdivision 2; 204C.13, subdivision 2; 204C.24, subdivision 1; 204C.28, subdivisions 1, 2; 204C.33, subdivision 1; 204C.35, subdivisions 2, 3; 204C.36, subdivisions 3, 4; 204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.10, subdivision 1; 204D.17; 204D.19; 204D.20, subdivision 1; 205.065, subdivision 1, as amended; 205.07, subdivision 1, by adding a subdivision; 205.13, subdivisions 1, 2; 205.16, subdivisions 2, 3, 4, as amended, 5, as amended; 205A.03, subdivision 2, as amended; 205A.04, subdivision 1; 205A.05, subdivision 1; 205A.07, subdivisions 3, as amended, 3a, as amended, 3b, as amended; 205A.11, subdivision 3; 206.57, subdivision 6; 208.03; 365.51, subdivision 1; 375.101, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 201; 204D; 205; 205A; 373; repealing Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10, subdivision 2; 206.57, subdivision 7; 206.805, subdivision 2; 206.91.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9623

Madam Speaker:

I hereby announce the passage by the Senate of the following House Files, herewith returned:

H. F. No. 2561, A bill for an act relating to highways; designating a Veterans Memorial Bridge on marked Trunk Highway 95 in the city of North Branch; amending Minnesota Statutes 2008, section 161.14, by adding a subdivision.

H. F. No. 2786, A bill for an act relating to the city of Duluth; providing for membership of the Spirit Mountain Recreation Area Authority; amending Laws 1973, chapter 327, section 2, subdivision 2, as amended.

H. F. No. 2915, A bill for an act relating to bridges; providing for ongoing prioritization of bridge projects; amending Minnesota Statutes 2008, section 165.14, subdivision 4, by adding a subdivision.

H. F. No. 3350, A bill for an act relating to local government; prohibiting city employees from serving on the city council or as mayor; amending Minnesota Statutes 2008, section 412.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 410.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Madam Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 2535, 2709, 2912, 2923, 2927, 3027 and 2877.

Colleen J. Pacheco, First Assistant Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2535, A bill for an act relating to cable communications; clarifying requirements for the granting of additional cable franchises; amending Minnesota Statutes 2008, section 238.08, subdivision 1.

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

S. F. No. 2709, A bill for an act relating to corrections; modifying inmate payment of room and board to include any time credited for time served; amending Minnesota Statutes 2008, section 641.12, subdivision 3.

The bill was read for the first time.

Olin moved that S. F. No. 2709 and H. F. No. 3038, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2912, A bill for an act relating to human services; amending children's mental health policy provisions; making a technical change to community health workers; amending Minnesota Statutes 2008, sections 256B.761; 260C.157, subdivision 3; Minnesota Statutes 2009 Supplement, sections 245.4885, subdivisions 1, 1a; 256B.0625, subdivision 49; 256B.0943, subdivision 9.

The bill was read for the first time.

Hosch moved that S. F. No. 2912 and H. F. No. 2926, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9624

S. F. No. 2923, A bill for an act relating to health; modifying provisions regulating home health care services; amending Minnesota Statutes 2008, sections 144A.45, subdivisions 2, 4; 144A.46, subdivisions 2, 3; Minnesota Statutes 2009 Supplement, section 144A.46, subdivision 1.

The bill was read for the first time.

Hosch moved that S. F. No. 2923 and H. F. No. 3196, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2927, A bill for an act relating to veterans; clarifying and amending certain Veterans Preference Act provisions; amending Minnesota Statutes 2008, section 197.481, subdivisions 1, 2, 4.

The bill was read for the first time.

Juhnke moved that S. F. No. 2927 and H. F. No. 3508, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3027, A bill for an act relating to human services; changing health care eligibility provisions; making changes to individualized education plan requirements; state health access program; children's health insurance reauthorization act; long-term care partnership; asset transfers; community clinics; dental benefits; prior authorization for health services; drug formulary committee; preferred drug list; multisource drugs; administrative uniformity committee; health plans; claims against the state; income standards for eligibility; prepaid health plans; amending Minnesota Statutes 2008, sections 62A.045; 62Q.80; 62S.24, subdivision 8; 256B.055, subdivision 10; 256B.057, subdivision 1; 256B.0571, subdivision 6; 256B.0625, subdivisions 13c, 13g, 25, 30, by adding a subdivision; 256L.04, subdivision 7b; Minnesota Statutes 2009 Supplement, sections 15C.13; 256B.056, subdivision 1c; 256B.0571, subdivision 8; 256B.0625, subdivisions 9, 13e, 26; 256B.69, subdivisions 5a, 23; 256D.03, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62S; repealing Minnesota Statutes 2008, sections 256B.0571, subdivision 10; 256B.0595, subdivisions 1b, 2b, 3b, 4b, 5.

The bill was read for the first time.

Huntley moved that S. F. No. 3027 and H. F. No. 3237, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2877, A bill for an act relating to health-related occupations; providing an exception for continuing education requirements for licensed professional counselors; amending Minnesota Statutes 2008, section 148B.54, by adding a subdivision.

The bill was read for the first time.

Simon moved that S. F. No. 2877 and H. F. No. 3212, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1671

A bill for an act relating to the financing and operation of state and local government; appropriating money or reducing appropriations for state government, higher education and economic development, environment and natural resources, activities or programs of Department of Commerce, agriculture, veterans affairs, transportation, public safety, judiciary, Uniform Laws Commission, Private Detective Board, human rights, corrections, Sentencing

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9625

Guidelines Commission, minority boards, public facilities authority, tourism, humanities, public broadcasting, zoos, science museum, and Housing Finance Agency; modifying loan, grant, and scholarship provisions; funding certain projects for veterans; increasing bond limits; establishing a central system office and governing credit transfers for the Minnesota State Colleges and Universities; requiring bond issues for certain projects; modifying investment disposition of mineral fund; modifying mineral fund payments in lieu of taxes; providing for or modifying certain provisions relating to membership of tourism council and film and TV reimbursement amounts; modifying provisions relating to continuing education for certain licensed occupations, securities transaction exemptions, mortgages, and operation of state government; modifying certain Boards of Barber Examiners and Cosmetology provisions; establishing a new trunk highway emergency relief account; amending provisions related to trunk highway bonding, hazardous materials permits, fire safety account, uses of public safety service fee, grants for emergency shelters, and in-service training for peace officers; authorizing county sentence to service programs to charge fees; changing provisions relating to agriculture and veterans affairs; changing provisions for expenses of governor-elect, disposal of old state-owned buildings, public access to parking spaces, fleet management, and lease purchase agreements; providing for operation of a state recycling center and a state Webmaster for state Web sites; providing for Web access to appropriations information; requiring two-sided printing for state use; requiring standards to enhance public access to state electronic data; providing for zero-based budgeting; creating a commission to reengineer delivery of government services; providing for transfers to Help America Vote Act account; changing and creating funds and accounts; modifying provisions for tax return preparers; requesting proposals for enhancing the state's tax collection process and revenues; modifying calculation of state aids and credits for local government; authorizing and adjusting fees; establishing a pilot project; making technical changes; requiring reports; providing for rulemaking; amending Minnesota Statutes 2008, sections 4.51; 16B.04, subdivision 2; 16B.24, subdivision 3; 16B.48, subdivision 2; 16E.04, subdivision 2; 16E.05, by adding a subdivision; 18G.07; 79.34, subdivision 1; 80A.46; 80A.65, subdivision 1; 97A.061, subdivision 1; 103G.705, subdivision 2; 115A.15, subdivision 6; 116L.17, subdivision 2; 116U.25; 116U.26; 136A.121, subdivision 6; 136A.1701, subdivision 4; 136A.29, subdivision 9; 154.06; 154.065, subdivision 2; 154.07, by adding a subdivision; 154.15, by adding a subdivision; 161.04, by adding a subdivision; 273.1384, by adding a subdivision; 297I.06, subdivision 3; 326B.148, subdivision 1; 403.11, subdivision 1; 471.6175, subdivision 4; 477A.013, subdivision 9; 477A.03, subdivisions 2a, 2b; 477A.12, subdivision 1; 611A.32, subdivisions 1, 2; 626.8458, subdivision 5; 641.12, by adding a subdivision; Minnesota Statutes 2009 Supplement, sections 16A.152, subdivision 2; 16A.82; 16E.02, subdivision 1; 45.30, subdivision 6; 136A.121, subdivision 9; 136F.98, subdivision 1; 154.002; 154.003; 155A.23, by adding a subdivision; 155A.24, subdivision 2, by adding subdivisions; 155A.25; 190.19, subdivision 2a; 270C.145; 273.111, subdivision 9; 275.70, subdivision 5; 289A.08, subdivision 16; 298.294; 299A.45, subdivision 1; 357.021, subdivision 7; Laws 2007, chapter 45, article 1, section 3, subdivisions 4, as amended, 5, as amended; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 78, article 1, section 3, subdivision 2; article 7, section 2; Laws 2009, chapter 83, article 1, sections 10, subdivisions 4, 7; 11; 14, subdivision 2; Laws 2009, chapter 94, article 1, section 3, subdivision 5; article 3, section 2, subdivision 3; Laws 2009, chapter 95, article 1, sections 3, subdivisions 6, 21; 5, subdivision 2; Laws 2009, chapter 101, article 1, section 31; proposing coding for new law in Minnesota Statutes, chapters 10; 15B; 16A; 16B; 97A; 136A; 136F; 477A; repealing Minnesota Statutes 2008, sections 13.721, subdivision 4; 136A.127, subdivisions 1, 3, 5, 6, 7, 10, 11; 154.07, subdivision 5; 176.135, subdivision 1b; 221.0355, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18; 477A.03, subdivision 5; Minnesota Statutes 2009 Supplement, sections 135A.61; 136A.121, subdivision 9b; 136A.127, subdivisions 2, 4, 9, 9b, 10a, 14.

March 28, 2010

The Honorable Margaret Anderson Kelliher

Speaker of the House of Representatives

The Honorable James P. Metzen

President of the Senate

We, the undersigned conferees for H. F. No. 1671 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. 1671 be further amended as follows:

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9626

Delete everything after the enacting clause and insert:

"ARTICLE 1

SUMMARY

Section 1. GENERAL FUND SUMMARY.

The amounts shown in this section summarize general fund direct appropriations, cancellations, and transfers into the general fund from other funds, made in this act.

2010 2011 Total

Higher Education $1,427,000 $(48,427,000) $(47,000,000)

Environment and Natural Resources (5,300,000) (7,457,000) (12,757,000)

Energy (890,000) (322,000) (1,212,000)

Agriculture (2,780,000) (3,374,000) (5,754,000)

Veterans Affairs -0- 200,000 200,000

Economic Development (2,531,000) (4,589,000) (7,120,000)

Transportation -0- (14,650,000) (14,650,000)

Public Safety (8,043,000) (14,608,000) (22,651,000)

State Government (3,545,000) (2,345,000) (5,890,000)

Tax Aids and Credits -0- (111,279,000) (111,279,000)

Subtotal of Appropriations (21,662,000) (206,851,000) (228,513,000)

Transfers In 20,482,000 34,684,000 55,166,000

Total $(42,144,000) $(241,535,000) $(283,679,000)

ARTICLE 2

HIGHER EDUCATION

Section 1. SUMMARY OF APPROPRIATIONS.

Subdivision 1. Summary Total. The amounts shown in this section summarize direct appropriations, by fund, made in this article.

2010 2011 Total

General $1,427,000 $(48,427,000) $(47,000,000)

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9627

Subd. 2. Summary by Agency - All Funds. The amounts shown in this subdivision summarize direct appropriations, by agency, made in this article.

2010 2011 Total

Minnesota Office of Higher Education $1,427,000 $(1,840,000) $(413,000)

Board of Trustees of the Minnesota State

Colleges and Universities -0- (10,467,000) (10,467,000)

Board of Regents of the University of Minnesota -0- (36,120,000) (36,120,000)

Total $1,427,000 $(48,427,000) $(47,000,000)

Sec. 2. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2009, chapter 95, article 1, to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2010" and "2011" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day following final enactment.

APPROPRIATIONS

Available for the Year

Ending June 30

2010 2011

Sec. 3. OFFICE OF HIGHER EDUCATION

Subdivision 1. Total Appropriation $1,427,000 $(1,840,000)

The appropriation additions or reductions for each purpose are shown in the following subdivisions.

Subd. 2. State Work-Study -0- (1,768,000)

This is a onetime reduction.

Subd. 3. Technical and Community College Emergency Grants -0- (50,000)

Subd. 4. Interstate Tuition Reciprocity 1,487,000 264,000

This is a onetime appropriation.

Subd. 5. Agency Administration (60,000) (81,000)

Subd. 6. MnLink Gateway and Minitex -0- (205,000)

This is a onetime reduction.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9628

Sec. 4. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES

Subdivision 1. Total Appropriation $-0- $(10,467,000)

The appropriation additions or reductions for each purpose are shown in the following subdivisions.

The Board of Trustees must make a good-faith effort to make the reductions required by this section at campuses and the central office in a manner that minimizes reductions related to providing direct services to students and that maximizes reductions for administrative services not providing direct services to students.

Subd. 2. Central Office and Shared Services Unit -0- (500,000)

Subd. 3. Operations and Maintenance -0- (9,967,000)

For fiscal years 2012 and 2013, the base for operations and maintenance is $592,792,000 each year.

Subd. 4. Cook County Higher Education

$40,000 in fiscal year 2010 and $40,000 in fiscal year 2011 appropriated by Laws 2009, chapter 95, article 1, section 4, to the board of trustees for operations and maintenance are for Cook County higher education. This subdivision is effective the day following final enactment.

Sec. 5. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA

Subdivision 1. Total Appropriation $-0- $(36,120,000)

The amounts that must be reduced or added for each purpose are specified in the following subdivisions.

Subd. 2. Operations and Maintenance -0- (32,223,000)

This reduction is from operations and maintenance. The Board of Regents must make a good-faith effort to make the reductions required by this section in a manner that minimizes reductions related to providing direct services to students and that maximizes reductions for administrative services not providing direct services to students. The Board of Regents is requested to consider, if feasible, making voluntary for its lowest paid employees any furlough program designed to meet budget shortfalls.

For fiscal years 2012 and 2013, the base for operations and maintenance is $578,370,000 each year.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9629

Subd. 3. Special Appropriations

(a) Agriculture and Extension Service -0- (2,787,000)

(b) Health Sciences -0- (281,000)

$18,000 in fiscal year 2011 is a reduction to the appropriation to support up to 12 resident physicians in the St. Cloud Hospital family practice residency program.

Of the appropriation in Laws 2009, chapter 95, article 1, section 5, subdivision 5, paragraph (b), for Health Sciences, $645,000 each year is for graduate family medicine education programs at Hennepin County Medical Center.

(d) System Special -0- (328,000)

(e) University of Minnesota and Mayo Foundation Partnership -0- (427,000)

Sec. 6. Minnesota Statutes 2009 Supplement, section 136A.121, subdivision 9, is amended to read:

Subd. 9. Awards. An undergraduate student who meets the office's requirements is eligible to apply for and receive a grant in any year of undergraduate study unless the student has obtained a baccalaureate degree or previously has been enrolled full time or the equivalent for ~~nine~~ eight semesters or the equivalent, excluding courses taken from a Minnesota school or postsecondary institution which is not participating in the state grant program and from which a student transferred no credit. A student who withdraws from enrollment for active military service, or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility. A student enrolled in a two-year program at a four-year institution is only eligible for the tuition and fee maximums established by law for two-year institutions.

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

Sec. 7. Minnesota Statutes 2008, section 136A.1701, subdivision 4, is amended to read:

Subd. 4. Terms and conditions of loans. (a) The office may loan money upon such terms and conditions as the office may prescribe. ~~The~~ Under the SELF IV program, the principal amount of a loan to an undergraduate student for a single academic year shall not exceed $6,000 for grade levels 1 and 2 effective July 1, 2006, through June 30, 2007. Effective July 1, 2007, the principal amount of a loan for grade levels 1 and 2 shall not exceed $7,500. The principal amount of a loan for grade levels 3, 4, and 5 shall not exceed $7,500 effective July 1, 2006 $7,500 per grade level. The aggregate principal amount of all loans made ~~under this section~~ subject to this paragraph to an undergraduate student shall not exceed ~~$34,500 through June 30, 2007, and~~ $37,500 ~~after June 30, 2007~~. The principal amount of a loan to a graduate student for a single academic year shall not exceed $9,000. The aggregate principal amount of all loans made ~~under this section~~ subject to this paragraph to a student as an undergraduate and graduate student shall not exceed ~~$52,500 through June 30, 2007, and~~ $55,500 ~~after June 30, 2007~~. The amount of the loan may not exceed the cost of attendance less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf. The cumulative SELF loan debt must not exceed the borrowing maximums in paragraph (b).

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9630

(b) The cumulative undergraduate borrowing maximums for SELF IV loans are:

(1) ~~effective July 1, 2006, through June 30, 2007:~~

~~(i) grade level 1, $6,000;~~

~~(ii) grade level 2, $12,000;~~

~~(iii) grade level 3, $19,500;~~

~~(iv) grade level 4, $27,000; and~~

~~(v) grade level 5, $34,500; and~~

~~(2) effective July 1, 2007:~~

~~(i)~~ grade level 1, $7,500;

~~(ii)~~ (2) grade level 2, $15,000;

~~(iii)~~ (3) grade level 3, $22,500;

~~(iv)~~ (4) grade level 4, $30,000; and

~~(v)~~ (5) grade level 5, $37,500.

(c) The principal amount of a SELF V or subsequent phase loan to students enrolled in a bachelor's degree program, postbaccalaureate, or graduate program must not exceed $10,000 per grade level. For all other eligible students, the principal amount of the loan must not exceed $7,500 per grade level. The aggregate principal amount of all loans made subject to this paragraph to a student as an undergraduate and graduate student must not exceed $70,000. The amount of the loan must not exceed the cost of attendance less all other financial aid, including PLUS loans or other similar parent loans borrowed on the student's behalf. The cumulative SELF loan debt must not exceed the borrowing maximums in paragraph (d).

(d)(1) The cumulative borrowing maximums for SELF V loans and subsequent phases for students enrolled in a bachelor's degree program or postbaccalaureate program are:

(i) grade level 1, $10,000;

(ii) grade level 2, $20,000;

(iii) grade level 3, $30,000;

(iv) grade level 4, $40,000; and

(v) grade level 5, $50,000.

(2) For graduate level students, the borrowing limit is $10,000 per nine-month academic year, with a cumulative maximum for all SELF debt of $70,000.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9631

(3) For all other eligible students, the cumulative borrowing maximums for SELF V loans and subsequent phases are:

(i) grade level 1, $7,500;

(ii) grade level 2, $15,000;

(iii) grade level 3, $22,500;

(iv) grade level 4, $30,000; and

(v) grade level 5, $37,500.

Sec. 8. Minnesota Statutes 2008, section 136A.1701, subdivision 7, is amended to read:

Subd. 7. Repayment of loans. (a) The office shall establish repayment procedures for loans made under this section, but in no event shall the period of permitted repayment for SELF II or SELF III loans exceed ten years from the eligible student's termination of the student's postsecondary academic or vocational program, or 15 years from the date of the student's first loan under this section, whichever is less.

(b) For SELF IV loans ~~from phases after SELF III~~, eligible students with aggregate principal loan balances from all SELF phases that are less than $18,750 shall have a repayment period not exceeding ten years from the eligible student's graduation or termination date. For SELF IV loans ~~from phases after SELF III~~, eligible students with aggregate principal loan balances from all SELF phases of $18,750 or greater shall have a repayment period not exceeding 15 years from the eligible student's graduation or termination date. For SELF IV loans ~~from phases after SELF III~~, the loans shall enter repayment no later than seven years after the first disbursement date on the loan.

(c) For SELF loans from phases after SELF IV, eligible students with aggregate principal loan balances from all SELF phases that are:

(1) less than $20,000, must have a repayment period not exceeding ten years from the eligible student's graduation or termination date;

(2) $20,000 up to $40,000, must have a repayment period not exceeding 15 years from the eligible student's graduation or termination date; and

(3) $40,000 or greater, must have a repayment period not exceeding 20 years from the eligible student's graduation or termination date. For SELF loans from phases after SELF IV, the loans must enter repayment no later than nine years after the first disbursement date of the loan.

Sec. 9. Minnesota Statutes 2008, section 136A.29, subdivision 9, is amended to read:

Subd. 9. Revenue bonds; limit. The authority is authorized and empowered to issue revenue bonds whose aggregate principal amount at any time shall not exceed ~~$950,000,000~~ $1,300,000,000 and to issue notes, bond anticipation notes, and revenue refunding bonds of the authority under the provisions of sections 136A.25 to 136A.42, to provide funds for acquiring, constructing, reconstructing, enlarging, remodeling, renovating, improving, furnishing, or equipping one or more projects or parts thereof.

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

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9632

Sec. 10. Minnesota Statutes 2008, section 136A.69, subdivision 1, is amended to read:

Subdivision 1. Registration fees. (a) The office shall collect reasonable registration fees that are sufficient to recover, but do not exceed, its costs of administering the registration program. The office shall charge ~~$1,100 for initial registration fees and $950 for annual renewal fees.~~ the fees listed in paragraphs (b) and (c) for new registrations.

(b) A new school offering no more than one degree at each level during its first year must pay registration fees for each applicable level in the following amounts:

associate degree $2,000

baccalaureate degree $2,500

master's degree $3,000

doctorate degree $3,500

(c) A new school that will offer more than one degree per level during its first year must pay registration fees in an amount equal to the fee for the first degree at each degree level under paragraph (b), plus fees for each additional nondegree program or degree as follows:

nondegree program $250

additional associate degree $250

additional baccalaureate degree $500

additional master's degree $750

additional doctorate degree $1,000

(d) The annual renewal registration fee is $1,200.

Sec. 11. Minnesota Statutes 2008, section 136A.69, subdivision 3, is amended to read:

Subd. 3. Degree or nondegree program addition fee. The office processing ~~fee~~ fees for adding a degree or nondegree program that represents a significant departure in the objectives, content, or method of delivery of degree or nondegree programs that are currently offered by the school is $500 per degree or nondegree program. are as follows:

nondegree program that is part of existing degree -0-

nondegree program that is not a part of an existing degree $250 each

majors, specializations, emphasis areas, concentrations,

and other similar areas of emphasis $250 each

associate degrees $500 each

baccalaureate degrees $500 each

master's degrees $750 each

doctorate degrees $2,000 each

Sec. 12. Minnesota Statutes 2008, section 136A.69, subdivision 4, is amended to read:

Subd. 4. Visit or consulting fee. If the office determines that a fact-finding visit or outside consultant is necessary to review or evaluate any new or revised degree or nondegree program, the office shall be reimbursed for the expenses incurred related to the review as follows:

(1) ~~$300~~ $400 for the team base fee or for a paper review conducted by a consultant if the office determines that a fact-finding visit is not required;

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9633

(2) $300 for each day or part thereof on site per team member; and

(3) the actual cost of customary meals, lodging, and related travel expenses incurred by team members.

Sec. 13. Minnesota Statutes 2009 Supplement, section 136F.98, subdivision 1, is amended to read:

Subdivision 1. Issuance of bonds. The Board of Trustees of the Minnesota State Colleges and Universities or a successor may issue revenue bonds under sections 136F.90 to 136F.97 whose aggregate principal amount at any time may not exceed ~~$200,000,000~~ $300,000,000, and payable from the revenue appropriated to the fund established by section 136F.94, and use the proceeds together with other public or private money that may otherwise become available to acquire land, and to acquire, construct, complete, remodel, and equip structures or portions thereof to be used for dormitory, residence hall, student union, food service, parking purposes, or for any other similar revenue-producing building or buildings of such type and character as the board finds desirable for the good and benefit of the state colleges and universities. Before issuing the bonds or any part of them, the board shall consult with and obtain the advisory recommendations of the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee about the facilities to be financed by the bonds.

Sec. 14. Minnesota Statutes 2008, section 141.255, is amended to read:

141.255 FEES.

Subdivision 1. Initial licensure fee. The office processing fee for an initial licensure application is:

(1) ~~$1,500~~ $2,500 for a school that will offer no more than one program during its first year of operation;

(2) $750 for a school licensed exclusively due to the use of the term "college," "university," "academy," or "institute" in its name, or licensed exclusively in order to participate in state grant or SELF loan financial aid programs; and

~~(2) $2,000 for a school that will offer two or more nondegree level programs~~

(3) $2,500, plus $500 for each additional program offered by the school, for a school during its first year of operation~~; and~~.

~~(3) $2,500 for a school that will offer two or more degree level programs during its first year of operation.~~

Subd. 2. Renewal licensure fee; late fee. (a) The office processing fee for a renewal licensure application is:

~~(1) for a category A school, as determined by the office, the fee is $865 if the school offers one program or $1,150 if the school offers two or more programs; and~~

~~(2) for a category B or C school, as determined by the office, the fee is $430 if the school offers one program or $575 if the school offers two or more programs.~~

(1) for a school that offers one program, the license renewal fee is $1,150;

(2) for a school that offers more than one program, the license renewal fee is $1,150, plus $200 for each additional program with a maximum renewal licensing fee of $2,000;

(3) for a school licensed exclusively due to the use of the term "college," "university," "academy," or "institute" in its name, the license renewal fee is $750; and

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9634

(4) for a school licensed by another state agency and also licensed with the office exclusively in order to participate in state student aid programs, the license renewal fee is $750.

(b) If a license renewal application is not received by the office by the close of business at least 60 days before the expiration of the current license, a late fee of $100 per business day, not to exceed $3,000, shall be assessed.

~~Subd. 3. Degree level addition fee. The office processing fee for adding a degree level to an existing program is $2,000 per program.~~

Subd. 4. Program addition fee. The office processing fee for adding a program ~~that represents a significant departure in the objectives, content, or method of delivery of programs~~ to those that are currently offered by the school is $500 per program.

Subd. 5. Visit or consulting fee. If the office determines that a fact-finding visit or outside consultant is necessary to review or evaluate any new or revised program, the office shall be reimbursed for the expenses incurred related to the review as follows:

(1) ~~$300~~ $400 for the team base fee or for a paper review conducted by a consultant if the office determines that a fact-finding visit is not required;

(2) $300 for each day or part thereof on site per team member; and

(3) the actual cost of customary meals, lodging, and related travel expenses incurred by team members.

Subd. 6. Modification fee. The fee for modification of any existing program is $100 and is due if there is:

(1) an increase or decrease of 25 percent or more, from the original date of program approval, in clock hours, credit hours, or calendar length of an existing program;

(2) a change in academic measurement from clock hours to credit hours or vice versa; or

(3) an addition or alteration of courses that represent a 25 percent change or more in the objectives, content, or methods of delivery.

Subd. 7. Solicitor permit fee. The solicitor permit fee is $350 and must be paid annually.

Subd. 8. Multiple location fee. Schools wishing to operate at multiple locations must pay:

(1) $250 per location, for locations two to five ~~locations~~; and

(2) an additional ~~$50~~ $100 for each location over five.

Subd. 9. Student transcript fee. The fee for a student transcript requested from a closed school whose records are held by the office is ~~$10~~ $15, with a maximum of five transcripts per request.

Subd. 10. Public office documents; copies. The ~~office shall establish rates~~ rate for copies of any public office document shall be 50 cents per page.

Sec. 15. Laws 2009, chapter 95, article 1, section 3, subdivision 6, is amended to read:

Subd. 6. Achieve Scholarship Program 4,350,000 4,350,000

For scholarships under Minnesota Statutes, section 136A.127. The office shall transfer the appropriation for fiscal year 2011 to the appropriation for state grants.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9635

For fiscal years 2012 and 2013, the base for the Achieve Scholarship Program is $2,350,000 each year.

Sec. 16. Laws 2009, chapter 95, article 1, section 3, subdivision 12, is amended to read:

Subd. 12. Technical and Community College Emergency Grants 150,000 150,000

For transfer to the financial aid offices at each of the colleges of the Minnesota State Colleges and Universities to provide emergency aid grants to technical and community college students who are experiencing extraordinary economic circumstances that may result in the students dropping out of school without completing the term or their program. This is a onetime appropriation.

Sec. 17. Laws 2009, chapter 95, article 1, section 3, subdivision 21, is amended to read:

Subd. 21. Transfers

The Minnesota Office of Higher Education may transfer unencumbered balances from the appropriations in this section to the state grant appropriation, the interstate tuition reciprocity appropriation, the child care grant appropriation, the Indian scholarship appropriation, the state work-study appropriation, the achieve scholarship appropriation, the public safety officers' survivors appropriation, the get ready program, and the Minnesota college savings plan appropriation. Transfers from the state grant, child care, or state work-study appropriations may only be made to the extent there is a projected surplus in the appropriation. A transfer may be made only with prior written notice to the chairs of the senate and house of representatives committees with jurisdiction over higher education finance.

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

Sec. 18. Laws 2009, chapter 95, article 1, section 5, subdivision 2, is amended to read:

Subd. 2. Operations and Maintenance 550,345,000 604,239,000

(a) This appropriation includes funding for operation and maintenance of the system.

(b) The Board of Regents shall submit expenditure reduction plans by March 15, 2010, to the committees of the legislature with responsibility for higher education finance to achieve the 2012-2013 base established in this section. The plan must focus on protecting direct instruction.

(c) Appropriations under this subdivision may be used for a new scholarship under Minnesota Statutes, section 137.0225, to complement the University's Founders scholarship.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9636

(d) This appropriation includes amounts for an Ojibwe Indian language program on the Duluth campus.

(e) This appropriation includes money for the Dakota language teacher training immersion program on the Twin Cities campus to prepare teachers to teach in Dakota language immersion programs.

(f) This appropriation includes money for the Veterinary Diagnostic Laboratory to preserve accreditation.

(g) This appropriation includes money in fiscal year 2010 for a onetime grant to the Minnesota Wildlife Rehabilitation Center ~~for their uncompensated expenses~~ in an amount equal to the loan balance as of March 11, 2010, for expenses related to the center's move from the campus.

(h) For fiscal years 2012 and 2013, the base for operations and maintenance is $596,930,000 each year.

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

Sec. 19. OFFICE OF HIGHER EDUCATION CARRY FORWARD.

Notwithstanding Minnesota Statutes, section 136A.233, subdivision 1, or 136A.125, subdivision 7, the Office of Higher Education may carry forward from fiscal year 2010 to fiscal year 2011 money allocated to an institution for the child care and work study programs that exceed the actual need and were refunded to the office. Notwithstanding Minnesota Statutes, section 136A.125, subdivision 4c, money carried forward for the child care program in fiscal year 2011 may be used to expand the number of recipients in the program.

Sec. 20. ACHIEVE SCHOLARSHIP PROGRAM FISCAL YEAR 2011 MODIFICATIONS.

(a) Notwithstanding Minnesota Statutes, section 136A.127, for achieve scholarship awards in fiscal year 2011, the achieve scholarship program shall be modified as provided in this section.

(b) Awards shall only be made to students who have an assigned family responsibility of zero.

(d) A first round of awards shall be made to students for which the Office of Higher Education has received a complete application by August 31, 2010. If there are insufficient appropriations to make full awards to each student, all awards under this paragraph shall be reduced by an equal amount sufficient to meet the insufficiency.

(e) If appropriations remain after the first round, awards shall be made on a first-come, first-served basis.

(f) Except as modified by this section, the remaining unmodified provisions of Minnesota Statutes, section 136A.127, shall govern achieve scholarship awards made in fiscal year 2011.

Sec. 21. REPEALER.

Minnesota Statutes 2008, sections 136A.1701, subdivision 5; 136A.69, subdivision 2; and 141.255, subdivision 3, are repealed.

Journal of the House - 82nd Day - Monday, March 29, 2010 - Top of Page 9637

ARTICLE 3

ENVIRONMENT AND NATURAL RESOURCES

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made in this article.

2010