STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2014
_____________________
SEVENTY-FIRST
DAY
Saint Paul, Minnesota, Monday, March 17, 2014
The House of Representatives convened at 3:00
p.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Paul
Rogers, Minneapolis, 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:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Holberg
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Clark, Hilstrom, Hoppe, Kieffer and
Radinovich were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS
AND COMMUNICATIONS
The following communication was received:
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Paul Thissen
Speaker of the House of
Representatives
The Honorable Sandra L. Pappas
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2014 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2014 |
Date Filed 2014 |
894 147 11:18 a.m.
March 14 March
14
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Simon from the Committee on Elections to which was referred:
H. F. No. 367, A bill for an act relating to elections; authorizing jurisdictions to adopt ranked-choice voting; establishing procedures for adoption, implementation, and use of ranked-choice voting; amending Minnesota Statutes 2012, section 205.13, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding for new law as Minnesota Statutes, chapter 204E.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 859, A bill for an act relating to housing; landlord and tenant; creating additional remedies for victims of violence; amending Minnesota Statutes 2012, sections 504B.171, subdivision 1; 504B.206; 504B.285, subdivision 1.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Policy.
The
report was adopted.
Erhardt from the Committee on Transportation Policy to which was referred:
H. F. No. 1302, A bill for an act relating to motor vehicles; providing for transfer-on-death of title to motor vehicle; proposing coding for new law in Minnesota Statutes, chapter 168A.
Reported the same back with the following amendments:
Page 2, after line 12, insert:
"Sec. 2. Minnesota Statutes 2013 Supplement, section 297B.01, subdivision 16, is amended to read:
Subd. 16. Sale, sells, selling, purchase, purchased, or acquired. (a) "Sale," "sells," "selling," "purchase," "purchased," or "acquired" means any transfer of title of any motor vehicle, whether absolutely or conditionally, for a consideration in money or by exchange or barter for any purpose other than resale in the regular course of business.
(b) Any motor vehicle utilized by the owner only by leasing such vehicle to others or by holding it in an effort to so lease it, and which is put to no other use by the owner other than resale after such lease or effort to lease, shall be considered property purchased for resale.
(c) The terms also shall include any transfer of title or ownership of a motor vehicle by other means, for or without consideration, except that these terms shall not include:
(1) the acquisition of a motor vehicle by inheritance from or by bequest of, or transfer-on-death of title by, a decedent who owned it;
(2) the transfer of a motor vehicle which was previously licensed in the names of two or more joint tenants and subsequently transferred without monetary consideration to one or more of the joint tenants;
(3) the transfer of a motor vehicle by way of gift from a limited used vehicle dealer licensed under section 168.27, subdivision 4a, to an individual, when the transfer is with no monetary or other consideration or expectation of consideration and the parties to the transfer submit an affidavit to that effect at the time the title transfer is recorded;
(4) the transfer of a motor vehicle by gift between:
(i) spouses;
(ii) parents and a child; or
(iii) grandparents and a grandchild;
(5) the
voluntary or involuntary transfer of a motor vehicle between a husband and wife
in a divorce proceeding; or
(6) the transfer of a motor vehicle by way of a gift to an organization that is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code when the motor vehicle will be used exclusively for religious, charitable, or educational purposes."
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.
The
report was adopted.
Hilstrom from the Committee on Judiciary Finance and Policy to which was referred:
H. F. No. 1335, A bill for an act relating to public safety; traffic regulations; clarifying requirements pertaining to collisions; making a terminology change; amending Minnesota Statutes 2012, sections 169.09; 609.21, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 169.09, subdivision 1, is amended to read:
Subdivision 1. Driver
to stop for accident with individual collision; injury or death. The driver of any motor vehicle involved
in an accident resulting in immediately demonstrable bodily injury to or
death of any individual a collision shall immediately stop the
vehicle at the scene of the accident collision, or as close to
the scene as possible but shall then return to, and reasonably
investigate what was struck. If the
driver knows or has reason to know the collision resulted in injury to or death
of any individual, the driver in every event shall remain at the scene of
the accident, collision until the driver has fulfilled the
requirements of this section as to the giving of information. The stop must be made without unnecessarily
obstructing traffic.
Sec. 2. Minnesota Statutes 2012, section 169.09, subdivision 2, is amended to read:
Subd. 2. Driver
to stop for accident to property collision; attended vehicle. The driver of any motor vehicle involved
in an accident to a vehicle driven or attended by any individual a
collision shall immediately stop the motor vehicle at the scene of the accident
collision, or as close to the accident collision as
possible but shall forthwith return to, and reasonably
investigate what was struck. If the
driver knows or has reason to know the collision involves damage to a vehicle
driven or attended by an individual, the driver in every event shall remain
at the scene of the accident, collision until the driver has
fulfilled the requirements of this section as to the giving of information. The stop must be made without unnecessarily
obstructing traffic.
Sec. 3. Minnesota Statutes 2012, section 169.09, subdivision 3, is amended to read:
Subd. 3. Driver
to give information. (a) The driver
of any motor vehicle involved in an accident resulting a collision
the driver knows or has reason to know results in bodily injury to or death
of any individual, or damage to any vehicle driven or attended by any
individual, shall stop and give the driver's name, address, and date of
birth and
the
registration plate number of the vehicle being driven. The driver shall, upon request and if
available, exhibit the driver's license or permit to drive to the individual
struck or the driver or occupant of or individual attending any vehicle
collided with. The driver also shall
give the information and upon request exhibit the license or permit to any
peace officer at the scene of the accident collision or who is
investigating the accident collision. The driver shall render reasonable assistance
to any individual injured in the accident collision.
(b) If not given at the scene of the accident
collision, the driver, within 72 hours after the accident, shall give,
on request to any individual involved in the accident collision
or to a peace officer investigating the accident collision, the
name and address of the insurer providing vehicle liability insurance coverage,
and the local insurance agent for the insurer.
Sec. 4. Minnesota Statutes 2012, section 169.09, subdivision 4, is amended to read:
Subd. 4. Collision
with Driver to stop for collision; unattended vehicle. The driver of any motor vehicle that
collides with and damages any vehicle that is unattended involved in a
collision shall immediately stop the vehicle at the scene of the
collision, or as close to the scene as possible, and reasonably
investigate what was struck. If the
driver knows or has reason to know the collision resulted in damage to any
unattended vehicle, the driver must either locate and notify the driver or
owner of the vehicle of the name and address of the driver and registered owner
of the vehicle striking the unattended vehicle, shall report this same
information to a peace officer, or shall leave in a conspicuous place in or secured to the vehicle
struck, a written notice giving the name and address of the driver and of the
registered owner of the vehicle doing the striking. The stop must be made without
unnecessarily obstructing traffic.
Sec. 5. Minnesota Statutes 2012, section 169.09, subdivision 5, is amended to read:
Subd. 5. Notify
owner of damaged property. If
the driver of any vehicle involved in an accident resulting a
collision knows or has reason to know the collision resulted only in damage
to fixtures legally upon or adjacent to a highway, the driver shall take
reasonable steps to locate and notify the owner or person in charge of the
property of that fact, of the driver's name and address, and of the
registration plate number of the vehicle being driven and shall, upon request
and if available, exhibit the driver's license, and make report of the
accident an accident report in every case. The report must be made in the same manner as
a report made pursuant to subdivision 7.
Sec. 6. Minnesota Statutes 2012, section 169.09, subdivision 6, is amended to read:
Subd. 6. Notice
of personal injury. The driver of a
vehicle involved in an accident a collision resulting in bodily
injury to or death of any individual shall, after compliance with this section
and by the quickest means of communication, give notice of the accident collision
to the local police department if the accident collision occurs
within a municipality, to a State Patrol officer if the accident collision
occurs on a trunk highway, or to the office of the sheriff of the county.
Sec. 7. Minnesota Statutes 2012, section 169.09, subdivision 14, is amended to read:
Subd. 14. Penalties. (a) The driver of any vehicle who
violates subdivision 1 or 6 and who did not cause the accident collision
is punishable as follows:
(1) if the accident collision
results in the death of any individual, the driver is guilty of a felony and
may be sentenced to imprisonment for not more than three years, or to payment
of a fine of not more than $5,000, or both;
(2) if the accident collision
results in great bodily harm to any individual, as defined in section 609.02,
subdivision 8, the driver is guilty of a felony and may be sentenced to
imprisonment for not more than two years, or to payment of a fine of not more
than $4,000, or both; or
(3)
if the accident collision results in substantial bodily harm to
any individual, as defined in section 609.02, subdivision 7a, the driver may be
sentenced to imprisonment for not more than one year, or to payment of a fine
of not more than $3,000, or both.
(b) The driver of any vehicle involved in an
accident not a collision resulting in substantial bodily harm
or death who violates subdivision 1 or 6 may be sentenced to
imprisonment for not more than one year, or to payment of a fine of not more
than $3,000, or both.
(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 11, or 12 is guilty of a misdemeanor.
(d) The attorney in the jurisdiction in which the violation occurred who is responsible for prosecution of misdemeanor violations of this section shall also be responsible for prosecution of gross misdemeanor violations of this section.
Sec. 8. Minnesota Statutes 2012, section 169.09, subdivision 15, is amended to read:
Subd. 15. Defense. (a) It is an affirmative defense
to prosecution under subdivisions 1, 2, and 6 that the driver left the scene of
the accident collision to take any individual suffering
immediately demonstrable bodily injury in the accident collision
to receive emergency medical care if the driver of the involved vehicle gives
notice to a law enforcement agency as required by subdivision 6 as soon as
reasonably feasible after the emergency medical care has been undertaken.
(b) When the collision involves a
person or another vehicle, mistake as to what was struck is not a defense for
failure to stop and investigate.
Sec. 9. Minnesota Statutes 2012, section 169.09, is amended by adding a subdivision to read:
Subd. 19. Terminology. The provisions of this section apply
equally whether the term "accident" or "collision" is used.
Sec. 10. Minnesota Statutes 2012, section 609.21, subdivision 1, is amended to read:
Subdivision 1. Criminal vehicular homicide or operation; crime described. A person is guilty of criminal vehicular homicide or operation and may be sentenced as provided in subdivision 1a, if the person causes injury to or the death of another as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident
collision leaves the scene of the accident collision in
violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury or death was caused by the defective maintenance."
Delete the title and insert:
"A bill for an act relating to public safety; traffic regulations; clarifying requirements pertaining to collisions; making a terminology change; amending Minnesota Statutes 2012, sections 169.09, subdivisions 1, 2, 3, 4, 5, 6, 14, 15, by adding a subdivision; 609.21, subdivision 1."
With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety Finance and Policy.
The
report was adopted.
Liebling from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1463, A bill for an act relating to health; making changes to dental licensing provisions; amending Minnesota Statutes 2012, sections 150A.06, subdivision 3; 150A.091, subdivision 16; 150A.10, subdivisions 2, 4.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to read:
Subd. 8a. Resident
dentist. "Resident
dentist" means a person who is licensed to practice dentistry as an
enrolled graduate student or student of an advanced education program
accredited by the American Dental Association Commission on Dental
Accreditation.
Sec. 2. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
Subdivision 1. Dentists. A person of good moral character who has
graduated from a dental program accredited by the Commission on Dental
Accreditation of the American Dental Association, having submitted an
application and fee as prescribed by the board, may be examined by the board or
by an agency pursuant to section 150A.03, subdivision 1, in a manner to test
the applicant's fitness to practice dentistry.
A graduate of a dental college in another country must not be
disqualified from examination solely because of the applicant's foreign
training if the board determines that the training is equivalent to or higher
than that provided by a dental college accredited by the Commission on Dental
Accreditation of the American Dental Association. In the case of examinations conducted
pursuant to section 150A.03, subdivision 1, applicants shall take the
examination prior to applying to the board for licensure. The examination shall include an examination
of the applicant's knowledge of the laws of Minnesota relating to dentistry and
the rules of the board. An applicant is
ineligible to retake the clinical examination required
by the board after failing it twice until further education and training are obtained as specified by the board by rule. A separate, nonrefundable fee may be charged for each time a person applies. An applicant who passes the examination in compliance with subdivision 2b, abides by professional ethical conduct requirements, and meets all other requirements of the board shall be licensed to practice dentistry and granted a general dentist license by the board.
Sec. 3. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
Subd. 1a. Faculty
dentists. (a) Faculty members of a
school of dentistry must be licensed in order to practice dentistry as defined
in section 150A.05. The board may issue
to members of the faculty of a school of dentistry a license designated as
either a "limited faculty license" or a "full faculty
license" entitling the holder to practice dentistry within the terms
described in paragraph (b) or (c). The
dean of a school of dentistry and program directors of a Minnesota dental
hygiene or dental assisting school accredited by the Commission on Dental
Accreditation of the American Dental Association shall certify to the
board those members of the school's faculty who practice dentistry but are not
licensed to practice dentistry in Minnesota.
A faculty member who practices dentistry as defined in section 150A.05,
before beginning duties in a school of dentistry or a dental hygiene or dental
assisting school, shall apply to the board for a limited or full faculty
license. Pursuant to Minnesota Rules,
chapter 3100, and at the discretion of the board, a limited faculty license
must be renewed annually and a full faculty license must be renewed biennially. The faculty applicant shall pay a
nonrefundable fee set by the board for issuing and renewing the faculty license. The faculty license is valid during the time
the holder remains a member of the faculty of a school of dentistry or a dental
hygiene or dental assisting school and subjects the holder to this chapter.
(b) The board may issue to dentist members
of the faculty of a Minnesota school of dentistry, dental hygiene, or dental
assisting accredited by the Commission on Dental Accreditation of the
American Dental Association, a license designated as a limited faculty
license entitling the holder to practice dentistry within the school and its
affiliated teaching facilities, but only for the purposes of teaching or
conducting research. The practice of
dentistry at a school facility for purposes other than teaching or research is
not allowed unless the dentist was a faculty member on August 1, 1993.
(c) The board may issue to dentist members
of the faculty of a Minnesota school of dentistry, dental hygiene, or dental
assisting accredited by the Commission on Dental Accreditation of the
American Dental Association a license designated as a full faculty license
entitling the holder to practice dentistry within the school and its affiliated
teaching facilities and elsewhere if the holder of the license is employed 50
percent time or more by the school in the practice of teaching or research, and
upon successful review by the board of the applicant's qualifications as
described in subdivisions 1, 1c, and 4 and board rule. The board, at its discretion, may waive
specific licensing prerequisites.
Sec. 4. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
Subd. 1c. Specialty
dentists. (a) The board may grant a
one or more specialty license licenses in the specialty
areas of dentistry that are recognized by the American Dental Association
Commission on Dental Accreditation.
(b) An applicant for a specialty license shall:
(1) have successfully completed a
postdoctoral specialty education program accredited by the Commission on
Dental Accreditation of the American Dental Association, or have announced
a limitation of practice before 1967;
(2) have been certified by a specialty examining
board approved by the Minnesota Board of Dentistry, or provide evidence of
having passed a clinical examination for licensure required for practice in any
state or Canadian province, or in the case of oral and maxillofacial surgeons
only, have a Minnesota medical license in good standing;
(3) have been in active practice or a postdoctoral specialty education program or United States government service at least 2,000 hours in the 36 months prior to applying for a specialty license;
(4) if requested by the board, be interviewed by a committee of the board, which may include the assistance of specialists in the evaluation process, and satisfactorily respond to questions designed to determine the applicant's knowledge of dental subjects and ability to practice;
(5) if requested by the board, present complete records on a sample of patients treated by the applicant. The sample must be drawn from patients treated by the applicant during the 36 months preceding the date of application. The number of records shall be established by the board. The records shall be reasonably representative of the treatment typically provided by the applicant for each specialty area;
(6) at board discretion, pass a board-approved English proficiency test if English is not the applicant's primary language;
(7) pass all components of the National Board Dental Examinations;
(8) pass the Minnesota Board of Dentistry jurisprudence examination;
(9) abide by professional ethical conduct requirements; and
(10) meet all other requirements prescribed by the Board of Dentistry.
(c) The application must include:
(1) a completed application furnished by the board;
(2) at least two character references from
two different dentists for each specialty area, one of whom must be a
dentist practicing in the same specialty area, and the other from the
director of the each specialty program attended;
(3) a licensed physician's statement attesting to the applicant's physical and mental condition;
(4) a statement from a licensed ophthalmologist or optometrist attesting to the applicant's visual acuity;
(5) a nonrefundable fee; and
(6) a notarized, unmounted passport-type photograph, three inches by three inches, taken not more than six months before the date of application.
(d) A specialty dentist holding a one
or more specialty license licenses is limited to practicing
in the dentist's designated specialty area or areas. The scope of practice must be defined by each
national specialty board recognized by the American Dental Association Commission
on Dental Accreditation.
(e) A specialty dentist holding a general dentist
dental license is limited to practicing in the dentist's designated
specialty area or areas if the dentist has announced a limitation of
practice. The scope of practice must be
defined by each national specialty board recognized by the American Dental
Association Commission on Dental Accreditation.
(f) All specialty dentists who have
fulfilled the specialty dentist requirements and who intend to limit their
practice to a particular specialty area or areas may apply for a one
or more specialty license licenses.
Sec. 5. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
Subd. 1d. Dental
therapists. A person of good moral
character who has graduated with a baccalaureate degree or a master's degree
from a dental therapy education program that has been approved by the board or accredited
by the American Dental Association Commission on Dental Accreditation or
another board-approved national accreditation organization may apply for
licensure.
The applicant must submit an application and fee as prescribed by the board and a diploma or certificate from a dental therapy education program. Prior to being licensed, the applicant must pass a comprehensive, competency-based clinical examination that is approved by the board and administered independently of an institution providing dental therapy education. The applicant must also pass an examination testing the applicant's knowledge of the Minnesota laws and rules relating to the practice of dentistry. An applicant who has failed the clinical examination twice is ineligible to retake the clinical examination until further education and training are obtained as specified by the board. A separate, nonrefundable fee may be charged for each time a person applies. An applicant who passes the examination in compliance with subdivision 2b, abides by professional ethical conduct requirements, and meets all the other requirements of the board shall be licensed as a dental therapist.
Sec. 6. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
Subd. 2. Dental
hygienists. A person of good moral
character, who has graduated from a dental hygiene program accredited by the
Commission on Dental Accreditation of the American Dental Association
and established in an institution accredited by an agency recognized by the
United States Department of Education to offer college-level programs, may
apply for licensure. The dental hygiene
program must provide a minimum of two academic years of dental hygiene
education. The applicant must submit an
application and fee as prescribed by the board and a diploma or certificate of
dental hygiene. Prior to being licensed,
the applicant must pass the National Board of Dental Hygiene examination and a
board approved examination designed to determine the applicant's clinical
competency. In the case of examinations
conducted pursuant to section 150A.03, subdivision 1, applicants shall take the
examination before applying to the board for licensure. The applicant must also pass an examination
testing the applicant's knowledge of the laws of Minnesota relating to the
practice of dentistry and of the rules of the board. An applicant is ineligible to retake the
clinical examination required by the board after failing it twice until further
education and training are obtained as specified by board rule. A separate, nonrefundable fee may be charged
for each time a person applies. An
applicant who passes the examination in compliance with subdivision 2b, abides
by professional ethical conduct requirements, and meets all the other requirements
of the board shall be licensed as a dental hygienist.
Sec. 7. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
Subd. 2a. Licensed
dental assistant. A person of good
moral character, who has graduated from a dental assisting program accredited
by the Commission on Dental Accreditation of the American Dental Association,
may apply for licensure. The applicant
must submit an application and fee as prescribed by the board and the diploma
or certificate of dental assisting. In
the case of examinations conducted pursuant to section 150A.03, subdivision 1,
applicants shall take the examination before applying to the board for
licensure. The examination shall include
an examination of the applicant's knowledge of the laws of Minnesota relating
to dentistry and the rules of the board.
An applicant is ineligible to retake the licensure examination required
by the board after failing it twice until further education and training are
obtained as specified by board rule. A
separate, nonrefundable fee may be charged for each time a person applies. An applicant who passes the examination in
compliance with subdivision 2b, abides by professional ethical conduct
requirements, and meets all the other requirements of the board shall be
licensed as a dental assistant.
Sec. 8. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
Subd. 2d. Continuing education and professional development waiver. (a) The board shall grant a waiver to the continuing education requirements under this chapter for a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental assistant who documents to the satisfaction of the board that the dentist, dental therapist, dental hygienist, or licensed dental assistant has retired from active practice in the state and limits the provision of dental care services to those offered without compensation in a public health, community, or tribal clinic or a nonprofit organization that provides services to the indigent or to recipients of medical assistance, general assistance medical care, or MinnesotaCare programs.
(b) The board may require written documentation from the volunteer and retired dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting this waiver.
(c) The board shall require the volunteer and retired dentist, dental therapist, dental hygienist, or licensed dental assistant to meet the following requirements:
(1) a licensee seeking a waiver under this subdivision must complete and document at least five hours of approved courses in infection control, medical emergencies, and medical management for the continuing education cycle; and
(2) provide documentation of current CPR
certification from completion of the American Heart Association healthcare
provider course, or the American Red Cross professional rescuer
course, or an equivalent entity.
Sec. 9. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
Subd. 3. Waiver of examination. (a) All or any part of the examination for dentists or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry and the rules of the board, may, at the discretion of the board, be waived for an applicant who presents a certificate of having passed all components of the National Board Dental Examinations or evidence of having maintained an adequate scholastic standing as determined by the board, in dental school as to dentists, or dental hygiene school as to dental hygienists.
(b) The board shall waive the clinical
examination required for licensure for any dentist applicant who is a graduate
of a dental school accredited by the Commission on Dental Accreditation of
the American Dental Association, who has passed all components of the
National Board Dental Examinations, and who has satisfactorily completed a
Minnesota-based postdoctoral general dentistry residency program (GPR) or an
advanced education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral program must be accredited
by the Commission on Dental Accreditation of the American Dental Association,
be of at least one year's duration, and include an outcome assessment
evaluation assessing the resident's competence to practice dentistry. The board may require the applicant to submit
any information deemed necessary by the board to determine whether the waiver
is applicable. The board may waive
the clinical examination for an applicant who meets the requirements of this
paragraph and has satisfactorily completed an accredited postdoctoral general
dentistry residency program located outside of Minnesota.
Sec. 10. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application and payment of a fee established by the board, apply for licensure based on an evaluation of the applicant's education, experience, and performance record in lieu of completing a board-approved dental assisting program for expanded functions as defined in rule, and may be interviewed by the board to determine if the applicant:
(1) has graduated from an accredited dental
assisting program accredited by the Commission of on Dental
Accreditation of the American Dental Association, or is currently
certified by the Dental Assisting National Board;
(2) is not subject to any pending or final disciplinary action in another state or Canadian province, or if not currently certified or registered, previously had a certification or registration in another state or Canadian province in good standing that was not subject to any final or pending disciplinary action at the time of surrender;
(3) is of good moral character and abides by professional ethical conduct requirements;
(4) at board discretion, has passed a board-approved English proficiency test if English is not the applicant's primary language; and
(5) has met all expanded functions curriculum equivalency requirements of a Minnesota board-approved dental assisting program.
(b) The board, at its discretion, may waive specific licensure requirements in paragraph (a).
(c) An applicant who fulfills the conditions of this subdivision and demonstrates the minimum knowledge in dental subjects required for licensure under subdivision 2a must be licensed to practice the applicant's profession.
(d) If the applicant does not demonstrate the minimum knowledge in dental subjects required for licensure under subdivision 2a, the application must be denied. If licensure is denied, the board may notify the applicant of any specific remedy that the applicant could take which, when passed, would qualify the applicant for licensure. A denial does not prohibit the applicant from applying for licensure under subdivision 2a.
(e) A candidate whose application has been denied may appeal the decision to the board according to subdivision 4a.
Sec. 11. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
Subd. 3. Initial
license or permit fees. Along with
the application fee, each of the following applicants shall submit a separate prorated
initial license or permit fee. The prorated
initial fee shall be established by the board based on the number of months
of the applicant's initial term as described in Minnesota Rules, part
3100.1700, subpart 1a, not to exceed the following monthly nonrefundable
fee amounts:
(1) dentist or full faculty dentist, $14
times the number of months of the initial term $168;
(2) dental therapist, $10 times the
number of months of the initial term $120;
(3) dental hygienist, $5 times the
number of months of the initial term $60;
(4) licensed dental assistant, $3 times
the number of months of the initial term $36; and
(5) dental assistant with a permit as
described in Minnesota Rules, part 3100.8500, subpart 3, $1 times the number
of months of the initial term $12.
Sec. 12. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
Subd. 8. Duplicate license or certificate fee. Each applicant shall submit, with a request for issuance of a duplicate of the original license, or of an annual or biennial renewal certificate for a license or permit, a fee in the following amounts:
(1) original dentist, full faculty dentist,
dental therapist, dental hygiene, or dental assistant license, $35; and
(2) annual or biennial renewal
certificates, $10.; and
(3) wallet-sized license and renewal
certificate, $15.
Sec. 13. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to read:
Subd. 16. Failure
of professional development portfolio audit.
A licensee shall submit a fee as established by the board not to
exceed the amount of $250 $1,000 after failing two consecutive
professional development portfolio audits and, thereafter, for each failed
professional development portfolio audit under Minnesota Rules, part 3100.5300. In addition to the fee, the board may
initiate the complaint process to address multiple failed audits.
Sec. 14. Minnesota Statutes 2012, section 150A.10, is amended to read:
150A.10
ALLIED DENTAL PERSONNEL.
Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist, public institution, or school authority may obtain services from a licensed dental hygienist. The licensed dental hygienist may provide those services defined in section 150A.05, subdivision 1a. The services provided shall not include the establishment of a final diagnosis or treatment plan for a dental patient. All services shall be provided under supervision of a licensed dentist. Any licensed dentist who shall permit any dental service by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding subdivision 1, a dental hygienist licensed under this chapter may be employed or retained by a health care facility, program, or nonprofit organization to perform dental hygiene services described under paragraph (b) without the patient first being examined by a licensed dentist if the dental hygienist:
(1) has been engaged in the active practice of clinical dental hygiene for not less than 2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 200 hours of clinical practice in two of the past three years;
(2) has entered into a collaborative agreement with a licensed dentist that designates authorization for the services provided by the dental hygienist;
(3) has documented participation in courses in infection control and medical emergencies within each continuing education cycle; and
(4) maintains current CPR certification
from completion of the American Heart Association healthcare provider course,
or the American Red Cross professional rescuer course, or an
equivalent entity.
(b) The dental hygiene services authorized to be performed by a dental hygienist under this subdivision are limited to:
(1) oral health promotion and disease prevention education;
(2) removal of deposits and stains from the surfaces of the teeth;
(3) application of topical preventive or prophylactic agents, including fluoride varnishes and pit and fissure sealants;
(4) polishing and smoothing restorations;
(5) removal of marginal overhangs;
(6) performance of preliminary charting;
(7) taking of radiographs; and
(8) performance of scaling and root planing.
The dental hygienist may administer injections of local anesthetic agents or nitrous oxide inhalation analgesia as specifically delegated in the collaborative agreement with a licensed dentist. The dentist need not first examine the patient or be present. If the patient is considered medically compromised, the collaborative dentist shall review the patient record, including the medical history, prior to the provision of these services. Collaborating dental hygienists may work with unlicensed and licensed dental assistants who may only perform duties for which licensure is not required. The performance of dental hygiene services in a health care facility, program, or nonprofit organization as authorized under this subdivision is limited to patients, students, and residents of the facility, program, or organization.
(c) A collaborating dentist must be licensed under this chapter and may enter into a collaborative agreement with no more than four dental hygienists unless otherwise authorized by the board. The board shall develop parameters and a process for obtaining authorization to collaborate with more than four dental hygienists. The collaborative agreement must include:
(1) consideration for medically compromised patients and medical conditions for which a dental evaluation and treatment plan must occur prior to the provision of dental hygiene services;
(2) age- and procedure-specific standard collaborative practice protocols, including recommended intervals for the performance of dental hygiene services and a period of time in which an examination by a dentist should occur;
(3) copies of consent to treatment form provided to the patient by the dental hygienist;
(4) specific protocols for the placement of pit and fissure sealants and requirements for follow-up care to assure the efficacy of the sealants after application; and
(5) a procedure for creating and maintaining dental records for the patients that are treated by the dental hygienist. This procedure must specify where these records are to be located.
The collaborative agreement must be signed and maintained by the dentist, the dental hygienist, and the facility, program, or organization; must be reviewed annually by the collaborating dentist and dental hygienist; and must be made available to the board upon request.
(d) Before performing any services authorized under this subdivision, a dental hygienist must provide the patient with a consent to treatment form which must include a statement advising the patient that the dental hygiene services provided are not a substitute for a dental examination by a licensed dentist. If the dental hygienist makes any referrals to the patient for further dental procedures, the dental hygienist must fill out a referral form and provide a copy of the form to the collaborating dentist.
(e) For the purposes of this subdivision, a "health care facility, program, or nonprofit organization" is limited to a hospital; nursing home; home health agency; group home serving the elderly, disabled, or juveniles; state-operated facility licensed by the commissioner of human services or the commissioner of corrections; and federal, state, or local public health facility, community clinic, tribal clinic, school authority, Head Start program, or nonprofit organization that serves individuals who are uninsured or who are Minnesota health care public program recipients.
(f) For purposes of this subdivision, a "collaborative agreement" means a written agreement with a licensed dentist who authorizes and accepts responsibility for the services performed by the dental hygienist. The services authorized under this subdivision and the collaborative agreement may be performed without the presence of a licensed dentist and may be performed at a location other than the usual place of practice of the dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless specified in the collaborative agreement.
Subd. 2. Dental
assistants. Every licensed dentist
and dental therapist who uses the services of any unlicensed person for the
purpose of assistance in the practice of dentistry or dental therapy shall be
responsible for the acts of such unlicensed person while engaged in such
assistance. The dentist or dental
therapist shall permit the unlicensed assistant to perform only those acts
which are authorized to be delegated to unlicensed assistants by the Board of
Dentistry. The acts shall be performed
under supervision of a licensed dentist or dental therapist. A licensed dental therapist shall not
supervise more than four registered licensed or unlicensed dental
assistants at any one practice setting. The
board may permit differing levels of dental assistance based upon recognized
educational standards, approved by the board, for the training of dental
assistants. The board may also define by
rule the scope of practice of licensed and unlicensed dental assistants. The board by rule may require continuing
education for differing levels of dental assistants, as a condition to their
license or authority to perform their authorized duties. Any licensed dentist or dental therapist who
permits an unlicensed assistant to perform any dental service other than that
authorized by the board shall be deemed to be enabling an unlicensed person to
practice dentistry, and commission of such an act by an unlicensed assistant
shall constitute a violation of sections 150A.01 to 150A.12.
Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses the services of any unlicensed person, other than under the dentist's or dental therapist's supervision and within the same practice setting, for the purpose of constructing, altering, repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, prosthetic or other dental appliance, shall be required to furnish such unlicensed person with a written work order in such form as shall be prescribed by the rules of the board. The work order shall be made in duplicate form, a duplicate copy to be retained in a permanent file of the dentist or dental therapist at the practice setting for a period of two years, and the original to be retained in a permanent file for a period of two years by the unlicensed person in that person's place of business. The permanent file of work orders to be kept by the dentist, dental therapist, or unlicensed person shall be open to inspection at any reasonable time by the board or its duly constituted agent.
Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 2, a licensed dental hygienist or licensed dental assistant may perform the following restorative procedures:
(1) place, contour, and adjust amalgam restorations;
(2) place, contour, and adjust glass ionomer;
(3) adapt and cement stainless steel
crowns; and
(4) place, contour, and adjust class I and
class V supragingival composite restorations where the margins are entirely
within the enamel.; and
(5) place, contour, and adjust class II
and class V supragingival composite restorations on primary teeth.
(b) The restorative procedures described in paragraph (a) may be performed only if:
(1) the licensed dental hygienist or licensed dental assistant has completed a board-approved course on the specific procedures;
(2) the board-approved course includes a component that sufficiently prepares the licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly placed restoration;
(3) a licensed dentist or licensed advanced dental therapist has authorized the procedure to be performed; and
(4) a licensed dentist or licensed advanced dental therapist is available in the clinic while the procedure is being performed.
(c) The dental faculty who teaches the educators of the board-approved courses specified in paragraph (b) must have prior experience teaching these procedures in an accredited dental education program."
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Hornstein from the Committee on Transportation Finance to which was referred:
H. F. No. 1796, A bill for an act relating to transportation; amending prohibitions, requirements, and penalties related to highway safety in work zones; mandating legislative report; appropriating money; amending Minnesota Statutes 2012, sections 169.011, by adding a subdivision; 169.06, subdivision 4, by adding a subdivision; 169.14, subdivision 5d, by adding subdivisions; 169.475, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 169.
Reported the same back with the following amendments:
Page 4, delete sections 4 and 5 and insert:
"Sec. 4. Minnesota Statutes 2012, section 169.14, subdivision 5d, is amended to read:
Subd. 5d. Speed zoning
limit in work zone; surcharge when workers present. (a) Notwithstanding subdivision 2 and subject to subdivision 3, the
speed limit on a road having an established speed limit of 50 miles per hour or
greater is adjusted to 45 miles per hour in a work zone when (1) at least one
lane or portion of a lane of traffic is closed in either direction, and
(2) workers are present. A speed in
excess of the adjusted speed limit is unlawful.
(b) Paragraph (a) does not apply to a
segment of road in which:
(1) positive barriers are placed
between workers and the traveled portion of the highway;
(2) the work zone is in place for less
than 24 hours;
(3) a different speed limit for the
work zone is determined by the road authority following an engineering and
traffic investigation and based on accepted engineering practice; or
(4) a different speed limit for the
work zone is established by the road authority under paragraph (c).
(c)
The commissioner, on trunk highways and temporary trunk highways, and local
authorities, on streets and highways under their jurisdiction, may authorize
the use of reduced maximum speed limits in highway work zones. The commissioner or local authority is not
required to conduct when workers are present, without an engineering
and traffic investigation before authorizing a reduced speed limit in a
highway work zone required. The
work zone speed limit must not reduce the speed limit on the affected street or
highway by more than:
(b) The minimum highway work zone speed
limit is 20 miles per hour. The work
zone speed limit must not reduce the established speed limit on the affected
street or highway by more than 15 miles per hour, except that the highway work
zone speed limit must not exceed 40 miles per hour. The commissioner or local authority shall
post the limits of the work zone. Highway
work zone speed limits are effective on erection of appropriate regulatory
speed limit signs. The signs must be removed
or covered when they are not required. A
speed greater than the posted highway work zone speed limit is unlawful.
(c) Notwithstanding paragraph (b), on
divided highways the commissioner or local authority may establish a highway
work zone speed limit that does not exceed 55 miles per hour.
(d) Notwithstanding paragraph (b), on
two-lane highways having one lane for each direction of travel with a posted
speed limit of 60 miles per hour or greater, the commissioner or local
authority may establish a highway work zone speed limit that does not exceed 40
miles per hour.
(e) For purposes of this subdivision,
"highway work zone" means a segment of highway or street where a road
authority or its agent is constructing, reconstructing, or maintaining the physical
structure of the roadway, its shoulders, or features adjacent to the roadway,
including underground and overhead utilities and highway appurtenances, when
workers are present.
(f) Notwithstanding section 609.0331 or
609.101 or other law to the contrary, a person who violates a speed limit
established under this subdivision, or who
violates any other provision of this section while in a highway work zone, is
assessed an additional surcharge equal to the amount of the fine imposed for
the speed violation, but not less than $25.
(1)
20 miles per hour on a street or highway having an established speed limit of
55 miles per hour or greater; and
(2) 15 miles per hour on a street or
highway having an established speed limit of 50 miles per hour or less.
(d) A work zone speed limit under
paragraph (c) is effective on erection of appropriate regulatory speed limit
signs. The signs must be removed or
covered when they are not required. A
speed in excess of the posted work zone speed limit is unlawful.
(e) For any speed limit under this
subdivision, a road authority shall erect signs identifying the speed limit and
indicating the beginning and end of the speed limit zone.
EFFECTIVE DATE. This section is effective August 1, 2014, and applies to violations committed on or after that date."
Page 5, after line 28, insert:
"(b) The commissioner of management and budget shall annually transfer $28,000 from the work zone safety account to the general fund."
Page 5, line 29, delete "(b)" and insert "(c) Following the transfer under paragraph (b),"
Page 6, line 13, delete "and"
Page 6, line 14, before the period, insert ", and expires on October 2, 2017"
Renumber the sections in sequence and correct the internal references
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Paymar from the Committee on Public Safety Finance and Policy to which was referred:
H. F. No. 1870, A bill for an act relating to state government; modifying laws governing certain executive branch advisory groups; amending Minnesota Statutes 2012, sections 299A.62, subdivision 2; 299A.63, subdivision 2; 611A.32, subdivision 2; 611A.33; 611A.35; 629.342, subdivision 2; repealing Minnesota Statutes 2012, sections 243.93; 299C.156; 299M.02; 611A.34.
Reported the same back with the following amendments:
Page 3, after line 16, insert:
"Sec. 5. Minnesota Statutes 2012, section 611A.345, is amended to read:
611A.345
ADVISORY COUNCIL DIRECTOR RECOMMENDATIONS.
The commissioner shall consider the advisory
council's domestic abuse program director's recommendations before
awarding grants or adopting policies regarding the planning, development, data
collection, rulemaking, funding or evaluation of programs and services for
battered women and domestic abuse victims funded under section 611A.32. Before taking action on matters related to
programs and services for battered women and domestic abuse victims and their
children, except day-to-day administrative operations, the commissioner shall
notify the advisory council domestic abuse program director of
the intended action. Notification of
grant award decisions shall be given to the advisory council domestic
abuse program director in time to allow the council director
to request reconsideration."
Page 3, line 18, strike "ADVISORY COUNCIL ON BATTERED WOMEN AND"
Page 4, delete lines 16 to 22 and insert:
"This section clarifies that the Fire Service Advisory Committee, created in Minnesota Statutes, section 299F.012, subdivision 2, did not expire June 30, 2009. Action taken by that group and public funds spent on behalf of that group are valid."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:
H. F. No. 1880, A bill for an act relating to early learning; expanding the availability of early learning scholarships; appropriating money; amending Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 3, by adding a subdivision; Laws 2013, chapter 116, article 8, section 5, subdivision 8.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1931, A bill for an act relating to health; regulating e-cigarettes, nicotine and lobelia delivery products; amending Minnesota Statutes 2012, sections 144.414, by adding a subdivision; 144.4165; 461.12; 461.18; 461.19; 609.685; 609.6855.
Reported the same back with the following amendments:
Page 1, line 11, after the comma, insert "as defined in section 609.685, subdivision 1,"
Page 1, line 16, after the second comma, insert "as defined in section 609.685, subdivision 1,"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Simon from the Committee on Elections to which was referred:
H. F. No. 1944, A bill for an act relating to campaign finance; modifying definition of expressly advocating; providing for disclosure of electioneering communications; providing penalties; amending Minnesota Statutes 2012, section 10A.25, subdivision 3a; Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision 16a; 10A.121, subdivision 1; 10A.20, subdivision 3; 10A.244; 10A.27, subdivision 15; proposing coding for new law in Minnesota Statutes, chapter 10A.
Reported the same back with the following amendments:
Page 8, delete lines 21 to 36
Page 11, after line 18, insert:
"Sec. 8. EFFECTIVE
DATE.
This act is effective July 1, 2014, and applies to communications disseminated on or after that date."
Amend the title as follows:
Page 1, line 3, delete "providing penalties;"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 1961, A bill for an act relating to ethics in government; expanding requirements relating to economic disclosure and conflicts of interest; amending Minnesota Statutes 2012, sections 10A.09, subdivision 5, by adding a subdivision; 13.607, subdivision 5; Minnesota Statutes 2013 Supplement, sections 10A.02, subdivision 10; 10A.07, subdivision 1.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law.
The
report was adopted.
Erhardt from the Committee on Transportation Policy to which was referred:
H. F. No. 1979, A bill for an act relating to transportation; highways; designating a segment of marked Trunk Highway 36 as Officer Richard Crittenden Memorial Highway; amending Minnesota Statutes 2012, section 161.14, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, lines 8 and 10, after "Crittenden" insert ", Sr.,"
Page 1, line 12, before the period, insert "directly adjacent to the marked Trunk Highway 36 roadway, excluding entrance and exit ramps"
Amend the title as follows:
Page 1, line 3, after "Crittenden" insert ", Sr.,"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1984, A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.
The
report was adopted.
Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:
H. F. No. 2001, A bill for an act relating to human services; modifying family child care training and background study requirements; clarifying requirements for safe sleep spaces for infants in child care; amending Minnesota Statutes 2012, section 245C.04, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50, subdivision 5.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
245A.1435
REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH IN LICENSED PROGRAMS.
(a) When a license holder is placing an infant to sleep, the license holder must place the infant on the infant's back, unless the license holder has documentation from the infant's physician directing an alternative sleeping position for the infant. The physician directive must be on a form approved by the commissioner and must remain on file at the licensed location. An infant who independently rolls onto its stomach after being placed to sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least six months of age or the license holder has a signed statement from the parent indicating that the infant regularly rolls over at home.
(b) The license holder must place the
infant in a crib directly on a firm mattress with a fitted sheet that is
appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on
the corner of the sheet with reasonable effort.
The license holder must not place anything in the crib with the infant
except for the infant's pacifier, as defined in Code of Federal Regulations,
title 16, part 1511. The requirements of
this section apply to license holders serving infants younger than one year of
age. Licensed child care providers must
meet the crib requirements under section 245A.146. A correction order shall not be issued
under this paragraph unless there is evidence that a violation occurred when an
infant was present in the license holder's care.
(c) If an infant falls asleep before being placed in a crib, the license holder must move the infant to a crib as soon as practicable, and must keep the infant within sight of the license holder until the infant is placed in a crib. When an infant falls asleep while being held, the license holder must consider the supervision needs of other children in care when determining how long to hold the infant before placing the infant in a crib to sleep. The sleeping infant must not be in a position where the airway may be blocked or with anything covering the infant's face.
(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended for an infant of any age and is prohibited for any infant who has begun to roll over independently. However, with the written consent of a parent or guardian according to this paragraph, a license holder may place the infant who has not yet begun to roll over on its own down to sleep in a one-piece sleeper equipped with an attached system that fastens securely only across the upper torso, with no constriction of the hips or legs, to create a swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter, the license holder must obtain informed written consent for the use of swaddling from the parent or guardian of the infant on a form provided by the commissioner and prepared in partnership with the Minnesota Sudden Infant Death Center.
(e) A license holder must be able to
show a safe sleep space readily available for each infant present in the
license holder's care. Each safe sleep
space must meet the requirements of this subdivision.
Sec. 2. [245A.1511]
CONTRACTORS SERVING MULTIPLE FAMILY CHILD CARE LICENSE HOLDERS.
Contractors
who serve multiple family child care holders may request that the county agency
maintain a record of:
(1) the contractor's background study
results as required in section 245C.04, subdivision 7, to verify that the
contractor does not have a disqualification or a disqualification that has not
been set aside, and is eligible to provide direct contact services in a
licensed program; and
(2) the contractor's compliance with
training requirements.
Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is amended to read:
Subd. 5. Sudden unexpected infant death and abusive head trauma training. (a) License holders must document that before staff persons, caregivers, and helpers assist in the care of infants, they are instructed on the standards in section 245A.1435 and receive training on reducing the risk of sudden unexpected infant death. In addition, license holders must document that before staff persons, caregivers, and helpers assist in the care of infants and children under school age, they receive training on reducing the risk of abusive head trauma from shaking infants and young children. The training in this subdivision may be provided as initial training under subdivision 1 or ongoing annual training under subdivision 7.
(b) Sudden unexpected infant death reduction
training required under this subdivision must be at least one-half hour in
length and must be completed in person at least once every two years. On the years when the license holder is not
receiving the in-person training on sudden unexpected infant death reduction,
the license holder must receive sudden unexpected infant death reduction
training through a video of no more than one hour in length developed or
approved by the commissioner., at a minimum, the training must
address the risk factors related to sudden unexpected infant death, means of
reducing the risk of sudden unexpected infant death in child care, and license
holder communication with parents regarding reducing the risk of sudden
unexpected infant death.
(c) Abusive head trauma training required
under this subdivision must be at least one-half hour in length and must be
completed at least once every year., at a minimum, the training
must address the risk factors related to shaking infants and young
children, means of reducing the risk of abusive head trauma in child care, and
license holder communication with parents regarding reducing the risk of
abusive head trauma.
(d) Training for family and group family
child care providers must be developed by the commissioner in conjunction with
the Minnesota Sudden Infant Death Center and approved by the Minnesota Center
for Professional Development. Sudden
unexpected infant death reduction training and abusive head trauma training may
be provided in a single course of no more than two hours in length.
(e) Sudden unexpected infant death
reduction training and abusive head trauma training required under this
subdivision must be completed in person or as allowed under subdivision 10,
clause (1) or (2), at least once every two years. On the years when the license holder is not
receiving training in person or as allowed under subdivision 10, clause (1) or
(2), the license holder must receive sudden unexpected infant death reduction
training and abusive head trauma training through a video of no more than one
hour in length. The video must be
developed or approved by the commissioner.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 4. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision to read:
Subd. 7. Current
or prospective contractors serving multiple family child care license holders. Current or prospective contractors who
are required to have a background study under section 245C.03, subdivision 1,
provide services for multiple family child care license holders in a single
county, and will have direct contact with children served in the family child
care setting are required to have only one background study which is
transferable to all family child care programs in that county if:
(1) the county agency maintains a record
of the contractor's background study results which verify the contractor is approved
to have direct contact with children receiving services;
(2) the license holder contacts the county
agency and obtains notice that the current or prospective contractor is in
compliance with background study requirements and approved to have direct
contact; and
(3) the contractor's background study is repeated every two years."
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.
The
report was adopted.
Erhardt from the Committee on Transportation Policy to which was referred:
H. F. No. 2092, A bill for an act relating to motor vehicles; license plates; authorizing a veteran's special motorcycle plate for combat wounded veterans; amending Minnesota Statutes 2012, section 168.123, subdivision 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 2120, A bill for an act relating to state government; creating a Legislative Commission on Data Practices and Personal Data Privacy; proposing coding for new law in Minnesota Statutes, chapter 3.
Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance and Veterans Affairs.
The
report was adopted.
Hilstrom from the Committee on Judiciary Finance and Policy to which was referred:
H. F. No. 2141, A bill for an act relating to public safety; clarifying probable cause arrests for violations of protection, restraining, and no contact orders; removing time limit for probable cause arrests for domestic abuse; amending Minnesota Statutes 2012, sections 629.34, subdivision 1; 629.341, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 10, after "that" insert "within the preceding 72 hours, exclusive of the day probable cause was established,"
Page 2, line 11, before "domestic" insert "nonfelony"
Page 2, line 21, reinstate the stricken language
Page 2, line 22, after the stricken "hours" insert "72 hours, exclusive of the day probable cause was established," and after "committed" insert "nonfelony"
Amend the title as follows:
Page 1, line 3, delete "removing" and insert "modifying"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2157, A bill for an act relating to state government; requiring a workplace bullying policy for state government agencies; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 43A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance and Veterans Affairs.
The
report was adopted.
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 2177, A bill for an act relating to health; limiting tanning equipment to persons age 18 or older; amending Minnesota Statutes 2012, sections 325H.05; 325H.09; proposing coding for new law in Minnesota Statutes, chapter 325H; repealing Minnesota Statutes 2012, sections 325H.06; 325H.08.
Reported the same back with the following amendments:
Page 2, delete line 16
Page 2, line 17, delete everything before the period
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2180, A bill for an act relating to insurance; amending provisions relating to health coverage for school district employees; appropriating money; amending Minnesota Statutes 2012, sections 43A.316, by adding a subdivision; 123A.21, subdivisions 5, 6, 9; 123B.09, subdivision 12; 471.6161, subdivisions 1, 2, 3, by adding a subdivision; 471.895, subdivision 1; Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 8.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 43A.316, subdivision 10, is amended to read:
Subd. 10. Exemption. The public employee insurance program
and, where applicable, the employers participating
in it are exempt from chapters 60A, 62A, 62C, 62D, 62E, and 62H, section
471.617, subdivisions 2 and 3, and the bidding requirements of section
471.6161. The public employee
insurance program must follow the requirements of section 471.6161, subdivision
8, paragraphs (a) and (c).
Sec. 2. Minnesota Statutes 2012, section 43A.316, is amended by adding a subdivision to read:
Subd. 11. Proposal
from school district; response required.
Upon receipt of a request for a proposal from a school district
pursuant to section 471.6161, subdivision 8, the public employees insurance
program shall respond to the request within 60 days.
Sec. 3. Minnesota Statutes 2012, section 123A.21, subdivision 5, is amended to read:
Subd. 5. Duties and powers of SC board of directors. The board of directors shall have authority to maintain and operate a SC. Subject to the availability of necessary resources, the powers and duties of this board shall include the following:
(a) The board of directors shall submit, by June 1 of each year to each participating member, an annual plan which describes the objectives and procedures to be implemented in assisting in resolution of the needs of the SC.
(b) The SC board of directors shall provide adequate office, service center, and administrative facilities by lease, purchase, gift, or otherwise.
(c) The SC board of directors shall employ a central administrative staff and other personnel as necessary to provide and support the agreed-upon programs and services. The board may discharge staff and personnel pursuant to applicable provisions of law. SC staff and personnel may participate in retirement programs and any other programs available to public school staff and personnel.
(d) The SC board of directors may appoint
special advisory committees composed of superintendents, central office
personnel, building principals, teachers, parents, lay persons, and
representatives from cities, counties, and other governmental units. The committees are considered a committee
of a public body for purposes of section 13D.01, subdivision 1, paragraph (c),
when addressing issues related to health insurance.
(e) The SC board of directors may employ service area personnel pursuant to licensure and certification standards developed by the appropriate state agency such as the commissioner and the State Board of Teaching.
(f) The SC board of directors may enter into contracts with school boards of local districts including school districts outside the SC area.
(g) The SC board of directors may enter into contracts with other public and private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the agreed-upon programs and services.
(h) The SC board of directors shall exercise all powers and carry out all duties delegated to it by members under provisions of the SC bylaws. The SC board of directors shall be governed, when not otherwise provided, by applicable laws of the state.
(i) The SC board of directors shall submit an annual evaluation report of the effectiveness of programs and services to the members by September 1 of each year following the previous June 30 in which the programs and services were provided.
(j) The SC board is encouraged to establish cooperative, working relationships and partnerships with postsecondary educational institutions, other public agencies, business, and industry.
Sec. 4. Minnesota Statutes 2012, section 123A.21, subdivision 6, is amended to read:
Subd. 6. Appointment
of advisory council. There may be
advisory councils selected to give advice and counsel to the SC board of
directors. The councils may be composed
of representatives from public and nonpublic schools, cities, counties, and other
governmental units. The advisory
councils are considered to be a committee of a public body for purposes of
section 13D.01, subdivision 1, paragraph (c), when addressing issues related to
health insurance.
Sec. 5. Minnesota Statutes 2012, section 123B.09, subdivision 12, is amended to read:
Subd. 12. Board
to fix compensation. The clerk,
treasurer, and superintendent of any district shall receive such compensation
as may be fixed by the board. Unless
otherwise provided by law, the other members of the board shall also receive
such compensation as may be fixed by the board.
All members of the board may receive reimbursement for transportation at
the rate provided for in section 471.665.
No board member or school district employee shall receive any
compensation or benefits based on incentives or other money provided to the
school district by or from a source of group insurance coverage referenced in
section 471.6161, subdivision 1, except for a refund provided under section
123B.75, subdivision 10.
Sec. 6. Minnesota Statutes 2012, section 123B.75, is amended by adding a subdivision to read:
Subd. 10. Insurance
premium rebates. (a) If money
collected by an entity providing group insurance under chapter 471.6161,
subdivision 1, for the payment of insurance premiums is above the cost of that
coverage and returned to the school district purchasing that coverage as a
refund, that school district must negotiate with the exclusive representative
regarding the refund amount attributable to the proportionate number of insured
lives covered by that exclusive representative.
(b) If there is no exclusive
representative or if the employer and the exclusive representative are unable
to come to an agreement within 150 days, the remaining refunds shall be used to
pay the full premium to the program for any employees not covered by an
agreement negotiated under this section until the proportionate refunds are
depleted. These refunds shall be used
for a proportional premium payment at the time it is necessary to deplete the
balance.
Sec. 7. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 4a, is amended to read:
Subd. 4a. Conflict of interest. (a) An individual is prohibited from serving as a member of the charter school board of directors if the individual, an immediate family member, or the individual's partner is a full or part owner or principal with a for-profit or nonprofit entity or independent contractor with whom the charter school contracts,
directly or indirectly, for professional services, goods, or facilities. An individual is prohibited from serving as a board member if an immediate family member is an employee of the school. A violation of this prohibition renders a contract voidable at the option of the commissioner or the charter school board of directors. A member of a charter school board of directors who violates this prohibition is individually liable to the charter school for any damage caused by the violation.
(b) No member of the board of directors, employee, officer, or agent of a charter school shall participate in selecting, awarding, or administering a contract if a conflict of interest exists. A conflict exists when:
(1) the board member, employee, officer, or agent;
(2) the immediate family of the board member, employee, officer, or agent;
(3) the partner of the board member, employee, officer, or agent; or
(4) an organization that employs, or is about to employ any individual in clauses (1) to (3),
has a financial or other interest in the entity with which the charter school is contracting. A violation of this prohibition renders the contract void.
(c) Any employee, agent, or board member of the authorizer who participates in the initial review, approval, ongoing oversight, evaluation, or the charter renewal or nonrenewal process or decision is ineligible to serve on the board of directors of a school chartered by that authorizer.
(d) An individual may serve as a member of the board of directors if no conflict of interest under paragraph (a) exists.
(e) The conflict of interest provisions under this subdivision do not apply to compensation paid to a teacher employed as a teacher by the charter school or a teacher who provides instructional services to the charter school through a cooperative formed under chapter 308A when the teacher also serves on the charter school board of directors.
(f) A charter school board member,
employee, or officer must not accept gifts as defined under section 10A.071,
subdivision 1, paragraph (b), and must not request another person to give a
gift to a board member, employee, or officer.
A board member, employee, or officer must not receive compensation from
a group health insurance provider.
Sec. 8. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 11, is amended to read:
Subd. 11. Employment and other operating matters. (a) A charter school must employ or contract with necessary teachers, as defined by section 122A.15, subdivision 1, who hold valid licenses to perform the particular service for which they are employed in the school. The charter school's state aid may be reduced under section 127A.43 if the school employs a teacher who is not appropriately licensed or approved by the board of teaching. The school may employ necessary employees who are not required to hold teaching licenses to perform duties other than teaching and may contract for other services. The school may discharge teachers and nonlicensed employees. The charter school board is subject to section 181.932. When offering employment to a prospective employee, a charter school must give that employee a written description of the terms and conditions of employment and the school's personnel policies.
(b) A person, without holding a valid administrator's license, may perform administrative, supervisory, or instructional leadership duties. The board of directors shall establish qualifications for persons that hold administrative, supervisory, or instructional leadership roles. The qualifications shall include at least the following
areas: instruction and assessment; human resource and personnel management; financial management; legal and compliance management; effective communication; and board, authorizer, and community relationships. The board of directors shall use those qualifications as the basis for job descriptions, hiring, and performance evaluations of those who hold administrative, supervisory, or instructional leadership roles. The board of directors and an individual who does not hold a valid administrative license and who serves in an administrative, supervisory, or instructional leadership position shall develop a professional development plan. Documentation of the implementation of the professional development plan of these persons shall be included in the school's annual report.
(c) The board of directors also shall decide and be responsible for policy matters related to the operation of the school, including budgeting, curriculum programming, personnel, and operating procedures. The board shall adopt a policy on nepotism in employment. The board shall adopt personnel evaluation policies and practices that, at a minimum:
(1) carry out the school's mission and goals;
(2) evaluate the execution of charter contract goals and commitments;
(3) evaluate student achievement, postsecondary and workforce readiness, and student engagement and connection goals;
(4) establish a teacher evaluation process under subdivision 8, paragraph (t); and
(5) provide professional development related to the individual's job responsibilities.
(d) A charter school board with at least
25 employees or a teacher cooperative of licensed teachers providing
instruction under a contract between a school and a cooperative that provides
group health insurance coverage shall:
(1) request proposals for group health
insurance coverage from a minimum of three sources at least every two years;
and
(2) notify employees covered by the group
health insurance coverage before the effective date of the changes in the group
coverage policy contract.
A charter school board or a cooperative of teachers that
provides group health insurance coverage must establish and publish on its Web
site the policy for the purchase of group health insurance coverage. A charter school board policy must include a
sealed proposal process, which requires all proposals to be opened at the same
time. Upon the openings of the proposals
in accordance with the school or cooperative policy, the proposals become
public data under chapter 13.
Nothing in this provision supersedes the right of an
exclusive representative to negotiate over terms and conditions of employment.
Sec. 9. Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 21, is amended to read:
Subd. 21. Collective
bargaining. Employees of the board
of directors of a charter school may, if otherwise eligible, organize under
chapter 179A and comply with its provisions.
The board of directors of a charter school is a public employer, for the
purposes of chapter 179A, upon formation of one or more bargaining units at the
school. Bargaining units at the school
must be separate from any other units within an authorizing district, except
that bargaining units may remain part of the appropriate unit within an
authorizing district, if the employees of the school, the board of directors of
the school, the exclusive representative of the appropriate unit in the
authorizing district, and the board of the authorizing district agree to
include the employees in the appropriate unit of the authorizing district. The board of directors of a charter school
with employees organized under this subdivision must comply with sections
471.6161 and 471.895.
Sec. 10. Minnesota Statutes 2012, section 471.6161, subdivision 1, is amended to read:
Subdivision 1. Group
insurance coverage. For purposes
of this section, "group insurance coverage" means benefit
coverage provided to a group through a carrier an entity authorized
under chapters section 43A.316 or 123A.21, subdivision 7, or chapter
61A, 62A, 62C, and or 62D, to do business in the state.
Sec. 11. Minnesota Statutes 2012, section 471.6161, subdivision 3, is amended to read:
Subd. 3. Selection
of carrier. The political
subdivision shall make benefit and cost comparisons and evaluate the proposals
using the written criteria. The
political subdivision may negotiate with the carrier an entity
referenced in subdivision 1 on benefits, premiums, and other contract terms. Carriers applying Any entity
providing group insurance coverage to the political subdivision must
provide the political subdivision with aggregate claims records for the
appropriate period. The political subdivision
must prepare a written rationale for its decision before entering into a
contract with a carrier an entity referenced in subdivision 1.
Sec. 12. Minnesota Statutes 2012, section 471.6161, is amended by adding a subdivision to read:
Subd. 8. School
districts; group health insurance coverage.
(a) Any entity providing group health insurance coverage to a
school district must provide the school district with school district specific
nonidentifiable aggregate claims records for the most recent 24 months within
30 days of the request.
(b) School districts shall request
proposals for group health insurance coverage as provided in subdivision 2 from
a minimum of three potential sources of coverage. One of these requests must go to an
administrator governed by chapter 43A. School
districts opting for self-insurance must also follow these provisions, except
as provided in paragraph (f). School
districts must make requests for proposals 150 days prior to the expiration of
the existing contract but not more frequently than once every 24 months. The request for proposals must include the
most recent 24 months of nonidentifiable aggregate claims data. The request for proposals must be publicly
released at or prior to its release to potential bidders.
(c) Entities referenced in subdivision
1:
(1) must respond to requests for
proposals received directly from a school district;
(2) must submit renewal premium rates
to school districts and exclusive representatives of employees at least 90 days
before the effective date of the premium rate change; and
(3) must submit any proposed plan
design changes to school districts and employees at least 90 days before the
effective date to ensure proper negotiations with bargaining units.
(d) School district contracts for group
health insurance must not be longer than two years unless the exclusive
representative of the largest employment group and the school district agree
otherwise.
(e) All proposals and renewals shall be
sealed upon receipt until they are all opened 90 days prior to the plan's
renewal date. The proposals shall be
opened on the first business day after the 90-day deadline in the presence of
the exclusive representative, where applicable.
(f) School districts opting for
self-insurance shall follow all of the requirements of section 471.6161, except
that:
(1) their requests for proposals may be
for third-party administrator services, where applicable;
(2)
these requests for proposals must be from a minimum of two different sources,
which may include both entities referenced in subdivision 1 and providers of
third-party administrator services;
(3) for purposes of fulfilling the
requirement to request a proposal for group insurance coverage from an
administrator governed by chapter 43A, self-insured districts are not required
to include in the request for proposal the coverage to be provided;
(4) requests for proposals must be sent
to providers no less than 90 days prior to the expiration of the existing
contract; and
(5) proposals must be submitted at least
60 days prior to the plan's renewal date and all proposals shall be opened at
the same time and in the presence of the exclusive representative, where
applicable.
(g) Notwithstanding any law to the
contrary, a school district may continue to negotiate with up to two of the
bidders in order to reduce costs or improve services. The choice of bidders must be agreed to by
the exclusive representative of the largest group of employees.
Sec. 13. Minnesota Statutes 2012, section 471.895, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Gift" has the meaning given it in section 10A.071, subdivision 1.
(c) "Interested person" means a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make.
(d) "Local official" means:
(1) an elected or appointed official
of a county or city or of an agency, authority, or instrumentality of a county
or city; and
(2) an elected or appointed member of a school board, a school superintendent, a school principal, a district school officer of any independent school district, or a representative of an exclusive bargaining unit.
Sec. 14. APPROPRIATION;
RESPONSES TO BID REQUESTS.
$1,000,000 is appropriated for fiscal
year 2015 from the general fund to the commissioner of management and budget to
comply with the requirements of Minnesota Statutes, section 43A.316, and the
cost of compliance shall be included in the base thereafter. Notwithstanding any law to the contrary, this
section does not expire.
Sec. 15. EFFECTIVE
DATE.
Sections 1 to 14 are effective July 1, 2014."
Delete the title and insert:
"A bill for an act relating to insurance; amending provisions relating to health coverage for school district employees; appropriating money; amending Minnesota Statutes 2012, sections 43A.316, subdivision 10, by adding a subdivision; 123A.21, subdivisions 5, 6; 123B.09, subdivision 12; 123B.75, by adding a subdivision; 471.6161, subdivisions 1, 3, by adding a subdivision; 471.895, subdivision 1; Minnesota Statutes 2013 Supplement, section 124D.10, subdivisions 4a, 11, 21."
With the recommendation that when so amended the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:
H. F. No. 2198, A bill for an act relating to labor and industry; making permanent an independent contractor registration pilot project; amending Minnesota Statutes 2012, section 181.723, subdivisions 4, 4a, 5, 7, 16; proposing coding for new law in Minnesota Statutes, chapter 326B.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.
The
report was adopted.
Erhardt from the Committee on Transportation Policy to which was referred:
H. F. No. 2208, A bill for an act relating to transportation; establishing community destination sign program; amending Minnesota Statutes 2012, section 173.02, subdivision 16; proposing coding for new law in Minnesota Statutes, chapter 160.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Transportation Finance.
The
report was adopted.
Erhardt from the Committee on Transportation Policy to which was referred:
H. F. No. 2219, A bill for an act relating to transportation; highways; designating Nicholas Patrick Spehar Memorial Highway; amending Minnesota Statutes 2012, section 161.14, by adding a subdivision.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Erhardt from the Committee on Transportation Policy to which was referred:
H. F. No. 2265, A bill for an act relating to elections; voters; authorizing secretary of state to obtain certain data from Department of Public Safety; authorizing secretary of state to share certain data; appropriating money; amending Minnesota Statutes 2012, sections 171.12, subdivision 7a; 201.13, subdivision 3.
Reported the same back with the following amendments:
Page 2, line 36, delete everything after the period and insert:
"If required by such an agreement,
the secretary of state may share the following data from the statewide voter
registration system and data released to the secretary of state under section
171.12, subdivision 7a:
(1) name;
(2) date of birth;
(3) address;
(4)
driver's license or state identification card number;
(5) the last four digits of an
individual's Social Security number; and
(6) the date that an individual's record was last updated."
Page 3, delete line 1
Page 3, line 2, delete "individuals."
With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Veterans Affairs.
The
report was adopted.
Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:
H. F. No. 2268, A bill for an act relating to taxation; extending allowance of the small business investment credit; amending Minnesota Statutes 2012, section 116J.8737, subdivision 5.
Reported the same back with the following amendments:
Page 1, line 12, strike "$12,000,000" and insert "$15,000,000" and reinstate the stricken "year"
Page 1, line 13, reinstate the stricken "for" and reinstate the stricken "years" and reinstate the stricken "before January 1," and delete "year" and insert "2019"
Page 3, after line 20, insert:
"Sec. 2. Minnesota Statutes 2012, section 116J.8737, subdivision 12, is amended to read:
Subd. 12. Sunset. This section expires for taxable years
beginning after December 31, 2014 2018, except that reporting
requirements under subdivision 6 and revocation of credits under subdivision 7
remain in effect through 2016 2020 for qualified investors and
qualified funds, and through 2018 2022 for qualified small
businesses, reporting requirements under
subdivision 9 remain in effect through 2019 2023, and the
appropriation in subdivision 11 remains in effect through 2018 2022."
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2281, A bill for an act relating to public safety; specifying that driving while impaired constitutes a breach of the peace for purposes of the Constitution; proposing coding for new law in Minnesota Statutes, chapter 169A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety Finance and Policy.
The
report was adopted.
Liebling from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 2282,
A bill for an act relating to human services; implementing the autism spectrum
disorder statewide strategic plan; repealing Laws 2011, First Special Session
chapter 9, article 6, section 95, subdivisions 1, 2, 3, 4.
Reported the same back with the following amendments:
Page 1, line 17, after "to," insert "individuals with autism,"
Page 1, after line 19, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 1, line 22, after "repealed" insert "effective the day following final enactment"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 2295, A bill for an act relating to public safety; requiring judicial districts to establish minimum standards as a condition to using GPS to monitor domestic abuse offenders; protecting victim location data; amending Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision 2a; repealing Minnesota Statutes 2012, section 611A.07, subdivision 1.
Reported the same back with the following amendments:
Page 2, line 15, after "victim" insert "and defendant"
Page 3, line 6, after "victim" insert "and defendant"
Page 3, line 16, after "victim" insert "and defendant"
Amend the title as follows:
Page 1, line 4, after "victim" insert "and defendant"
With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Policy.
The
report was adopted.
Poppe from the Committee on Agriculture Policy to which was referred:
H. F. No. 2315, A bill for an act relating to agriculture; authorizing industrial hemp research in accordance with federal law; authorizing rulemaking; proposing coding for new law as Minnesota Statutes, chapter 18K.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:
H. F. No. 2373, A bill for an act relating to state government; requiring certificates of pay equity compliance as a condition for certain state contracts; classifying data; requiring a report; appropriating money; amending Minnesota Statutes 2012, section 13.552, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16C; 363A.
Reported the same back with the following amendments:
Page 1, line 11, delete "sections 16C.37 and" and insert "section"
Page 1, after line 12, insert:
"Subdivision 1. Definitions. The following terms have the meanings
given them.
(a) "Balanced class" means
any class in which no more than 80 percent of the members are male and no more
than 70 percent of the members are female.
(b) "Class" means one or more
positions that have similar duties, responsibilities, and general
qualifications necessary to perform the duties, with comparable selection
procedures used to recruit employees, and use of the same compensation
schedule.
(c) "Comparable work value"
means the value of work measured by the skill, effort, responsibility, and
working conditions normally required in the performance of the work.
(d) "Equitable compensation
relationship" means that the compensation for female-dominated classes is
not consistently below the compensation for male-dominated classes of
comparable work value within the business.
(e) "Female-dominated class"
means any class in which 70 percent or more of the members are female.
(f) "Male-dominated class"
means any class in which 80 percent or more of the members are male.
(g) "Position" means a group of current duties and responsibilities assigned or delegated by a supervisor to an individual."
Page 1, line 13, delete "(a)" and insert:
"Subd. 2. Establishment."
Page 1, line 19, delete everything after the period and insert "A business required to have a certificate of compliance to submit a bid or proposal for a state contract must use a job evaluation system to determine the comparable value of the work performed by each class of its employees within the state."
Page 1, delete line 20
Page 1, line 21, delete "(b)" and insert:
"Subd. 3. Exemption."
Page 2, line 7, delete "two" and insert "four"
Page 3, line 19, delete "January 1, 2015" and insert "July 1, 2014"
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.
The
report was adopted.
Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:
H. F. No. 2381, A bill for an act relating to education; clarifying early learning scholarships; amending Minnesota Statutes 2013 Supplement, section 124D.165.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Hilstrom from the Committee on Judiciary Finance and Policy to which was referred:
H. F. No. 2385, A bill for an act relating to civil actions; adjusting certain time limits relating to the certification of expert review because of recent amendments to the Minnesota Rules of Civil Procedure; amending Minnesota Statutes 2012, sections 145.682, subdivisions 2, 4; 544.42, subdivisions 2, 4.
Reported the same back with the following amendments:
Page 2, lines 2 and 31, strike "against the defendant"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2391, A bill for an act relating to transportation; motor vehicles; modifying state SmartFleet requirements; requiring reports; amending Minnesota Statutes 2012, section 16C.137, subdivisions 1, 2.
Reported the same back with the following amendments:
Page 2, line 16, delete "by"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2392, A bill for an act relating to transportation; motor vehicles; eliminating barriers to the purchase of cleaner fuel-powered motor vehicles by state agencies; amending Minnesota Statutes 2012, section 16C.135, subdivision 3.
Reported the same back with the following amendments:
Page 1, line 12, after the stricken "and" insert "if the total life-cycle cost of ownership is less than or comparable to that of other vehicles, and"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Erhardt from the Committee on Transportation Policy to which was referred:
H. F. No. 2425, A bill for an act relating to transportation; motor vehicles; modifying the permitted uses of vehicles used for testing; amending Minnesota Statutes 2012, section 168.25, subdivision 2.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Poppe from the Committee on Agriculture Policy to which was referred:
H. F. No. 2456, A bill for an act relating to agriculture; creating a renewable chemical and advanced biofuel capital equipment loan program; creating an advanced biofuel production incentive program; establishing a renewable chemical production incentive program; establishing a biomass production incentive program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 41A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section
1. [41A.107]
RENEWABLE CHEMICAL AND ADVANCED BIOFUEL CAPITAL EQUIPMENT LOANS.
Subdivision 1. Program. (a) The commissioner shall establish a renewable chemical and advanced biofuel loan program to make loans for capital equipment purchases by persons participating in advanced biofuel, renewable chemical, and anaerobic digestion production facilities. The commissioner, in consultation with the commissioners of natural resources and employment and economic development, shall establish guidelines for loans issued under this section.
(b) The definitions in sections 41A.13,
subdivision 2, and 41A.14, subdivision 2, apply to this section.
Subd. 2. Fund. A renewable chemical and advanced
biofuel capital equipment revolving loan fund is established in the state
treasury. All repayments of loans
granted from the fund, including principal and interest, must be deposited into
the fund. Interest earned on money in
the fund accrues to the fund. Money in
the fund is appropriated to the commissioner to make renewable chemical and
advanced biofuel capital equipment loans under this section.
Sec. 2. [41A.13]
ADVANCED BIOFUEL PRODUCTION INCENTIVE.
Subdivision 1. Appropriation. A sum sufficient to make the payments
required by this section is annually appropriated from the general fund to the
commissioner, and all money so appropriated is available until expended.
Subd. 2. Definitions. (a) For the purposes of this section
and sections 41A.107 and 41A.14, the terms defined in this subdivision have the
meanings given.
(b) "Advanced biofuels" has
the meaning given in section 239.051, subdivision 1a.
(c)
"Anaerobic digestion" means a series of biological processes in which
microorganisms break down biodegradable material in the absence of
oxygen to produce a mixture of methane, carbon dioxide, and other trace gases.
(d) "Commissioner" means the
commissioner of agriculture.
(e) "MMBtu" means one million
British thermal units.
(f) "Qualifying facility" or
"facility" means a facility that satisfies the eligibility criteria
in subdivision 3.
Subd. 3. Eligibility. An eligible facility must source at least
80 percent of its raw materials from Minnesota.
Raw materials must be from an agricultural or forestry source or from
the organic content of municipal solid waste.
The facility must be located in Minnesota, must begin production at a
specific location by June 30, 2020, and must not begin operation above 950,000
MMBtu of annual biofuel production before January 1, 2015. Eligible facilities include existing
facilities that are adding additional production capacity, as well as new
facilities. Production of conventional
corn ethanol, conventional biodiesel, and other fully commercial technologies
is not eligible. An advanced biofuel
facility must produce at least 950,000 MMBtu per year.
Subd. 4. Advanced
biofuel producer payments. (a)
The commissioner shall make cash payments to eligible producers of advanced
biofuel at a qualifying facility. For
the purpose of this subdivision, an entity that holds a controlling interest in
more than one advanced biofuel facility is considered a single eligible
producer. The amount of the payment for
each eligible producer's annual production is $2.1053 per MMBtu for advanced
biofuel production from cellulosic biomass and $1.053 per MMBtu for advanced
biofuel production from sugar or starch at a specific location for ten years
after the start of production. All
forestry-derived biomass must be produced using Minnesota state biomass
harvesting guidelines. All biomass from
brushlands must be produced using Minnesota Brushland Harvesting Biomass
Harvest Guidelines. Land that is larger
than 160 acres and used to produce forestry-derived biomass must be certified
by the Forest Stewardship Council, Sustainable Forestry Initiative, or American
Tree Farm System. Uncertified land that
is 160 acres or less and used to produce forestry-derived biomass must be
harvested by a Minnesota Certified Master Logger and must have a forest
stewardship plan.
(b) No payment shall be made for
advanced biofuel production that occurs after June 30, 2030. An eligible producer of advanced biofuel
shall not transfer the producer's eligibility for payments under this section
to an advanced biofuel facility at a different location.
(c) Total payments under this section
to all eligible biofuel producers may not exceed $15,000,000 in a fiscal year. Total payments under this section to an
eligible biofuel producer in a fiscal year may not exceed the amount necessary
for 2,850,000 MMBtu of biofuel production.
(d) By the last day of October,
January, April, and July, each eligible biofuel producer shall file with the
commissioner a claim for payment for advanced biofuel production during the
preceding three calendar months. An
eligible biofuel producer that files a claim under this subdivision shall
include a statement of the eligible biofuel producer's total advanced biofuel
production in Minnesota during the quarter covered by the claim. For each claim
and
statement of total advanced biofuel production filed under this subdivision,
the volume of advanced biofuel production must be examined by an independent
certified public accountant in accordance with Statements on Standards for
Attestation Engagements established by the American Institute of Certified
Public Accountants.
(e) The commissioner must make payments
by November 15, February 15, May 15, and August 15. The commissioner must issue a separate
payment for each claim filed. The total
quarterly payment to an eligible producer under this paragraph may not exceed
the amount necessary for 712,500 MMBtu of biofuel production.
(f) Any producer that ceases production
for any reason is ineligible to receive payments under this section until they
begin producing again.
(g) Annually, within 90 days of its
fiscal year end, an advanced biofuel producer receiving payments under this
section must file a disclosure statement on a form provided by the commissioner. The initial disclosure statement must include
a summary description of the business structure of the producer and a listing
of the percentages of ownership and governance by any person or other entity
with an ownership interest or governance rights of five percent or greater. Annual disclosures must include a copy of the
producer's annual audited financial statements, including the auditor's report
and footnotes. No later than February 15
each year, the commissioner shall deliver to the chairs of the standing
committees of the senate and the house of representatives with jurisdiction
over agricultural policy and agricultural finance an annual report summarizing
aggregated and facility-level production and financial performance data for all
facilities that received payment under this section during the preceding
calendar year. Audited financial
statements and notes and disclosure statements submitted to the commissioner
are nonpublic data under section 13.02, subdivision 9. Notwithstanding the provisions of chapter 13
relating to nonpublic data, a summary of the submitted audited financial
reports and notes and disclosure statements must be contained in the report to
the committee chairs and are public data.
(h) Renewable chemical production for
which payment has been received under section 41A.14 is not eligible for
payment under this section.
Sec. 3. [41A.14]
RENEWABLE CHEMICAL PRODUCTION INCENTIVE.
Subdivision 1. Appropriation. A sum sufficient to make the payments
required by this section is annually appropriated from the general fund to the
commissioner, and all money so appropriated is available until expended.
Subd. 2. Definitions. (a) The definitions in this
subdivision and section 41A.13, subdivision 2, apply to this section.
(b) "Cellulosic sugar" means
sugar derived from lignocellulosic materials from agricultural or forestry
resources.
(c) "Qualifying facility" or
"facility" means a facility that satisfies the eligibility criteria
in subdivision 3.
(d)
"Renewable chemical" means a chemical with biobased content as
defined in section 41A.105, subdivision 1a.
Subd. 3. Eligibility. An eligible facility must source at
least 90 percent of its raw materials from Minnesota. Raw materials must be from an agricultural or
forestry source or from the organic content of municipal solid waste. The facility must be located in Minnesota,
must begin production at a specific location by June 30, 2020, and must not
begin production of 30,000,000 pounds of chemicals annually before January 1,
2015. Eligible facilities include
existing facilities that are adding additional production capacity, as well as
new facilities. Renewable chemical
facilities must produce at least 30,000,000 pounds per year. Renewable chemicals produced through
processes that are fully commercial before January 1, 2000, are not eligible.
Subd. 4. Renewable
chemical producer payments. (a)
The commissioner shall make cash payments to eligible producers of renewable
chemicals at a qualifying facility. For
the purposes of this subdivision, an entity that holds a controlling interest
in more than one renewable chemical production facility is considered a single
eligible producer. The amount of the
payment for each producer's annual production is $0.03 per pound of
sugar-derived renewable chemical, $0.03 per pound of cellulosic sugar, and
$0.06 per pound of cellulosic-derived renewable chemical produced at a specific
location for ten years after the start of production. All forestry-derived cellulosic biomass must
be produced using Minnesota state biomass harvesting guidelines. All biomass from brushlands must be produced
using Minnesota Brushland Harvesting Biomass Harvest Guidelines. Land that is larger than 160 acres and used
to produce forestry-derived biomass must be certified by the Forest Stewardship
Council, Sustainable Forestry Initiative, or American Tree Farm System. Uncertified land that is 160 acres or less
and used to produce forestry-derived biomass must be harvested by a Minnesota
Certified Master Logger and must have a forest stewardship plan.
(b) No payments shall be made for
renewable chemical production that occurs after June 30, 2030. An eligible producer of renewable chemicals
shall not transfer the producer's eligibility for payments under this section
to a renewable chemical facility at a different location.
(c) Total payments under this section
to all eligible renewable chemical producers may not exceed $15,000,000 in a
fiscal year. Total payments under this
section to an eligible renewable chemical producer in a fiscal year may not
exceed the amount necessary for 99,999,999 pounds of renewable chemicals.
(d) By the last day of October,
January, April, and July, each eligible renewable chemical producer shall file
a claim with the commissioner for payment for renewable chemical production
during the preceding three calendar months.
An eligible renewable chemical producer that files a claim under this
subdivision shall include a statement of the eligible producer's total
renewable chemical production in Minnesota during the quarter covered by the
claim. For each claim and statement of
total renewable chemical production filed under this subdivision, the volume of
renewable chemical production must be examined by an independent certified
public accountant in accordance with Statements on Standards for Attestation
Engagements established by the American Institute of Certified Public
Accountants.
(e) The commissioner must make payments
by November 15, February 15, May 15, and August 15. The commissioner must issue a separate
payment for each claim filed. The total
quarterly payment to an eligible producer under this paragraph may not exceed
the amount necessary for 25,000,000 pounds of production.
(f) Any producer that ceases production
for any reason is ineligible to receive payments under the program until they
begin producing again.
(g) Annually, within 90 days of its
fiscal year end, a renewable chemical producer receiving payments under this
section must file a disclosure statement on a form provided by the commissioner. The initial disclosure statement must include
a summary description of the business structure of the producer and a listing
of the percentages of ownership and governance by any person or other entity
with an ownership interest or governance rights of five percent or greater. Annual disclosures must include a copy of the
producer's annual audited financial statements, including the auditor's report
and footnotes. No later than February 15
each year, the commissioner shall deliver to the chairs of the standing
committees of the senate and the house of representatives with jurisdiction
over agricultural policy and agricultural finance an annual report summarizing
aggregated and facility-level production and financial performance data for all
facilities that received payment under this section during the preceding
calendar year. Audited financial
statements and notes and disclosure statements submitted to the commissioner
are nonpublic data under section 13.02, subdivision 9. Notwithstanding the provisions of chapter 13
relating to nonpublic data, a summary of the submitted audited financial
reports and notes and disclosure statements must be contained in the report to
the committee chairs and are public data.
(h) Advanced biofuel production for which payment has been received under section 41A.13 is not eligible for payment under this section."
Amend the title as follows:
Page 1, line 5, delete "establishing a biomass production incentive program;"
With the recommendation that when so amended the bill be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.
The
report was adopted.
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 2482, A bill for an act relating to lawful gambling; providing for lawful gambling fraud; amending Minnesota Statutes 2012, section 609.763.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Policy.
The
report was adopted.
Wagenius from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 2538, A bill for an act relating to agriculture; establishing a farm-to-foodshelf program; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:
H. F. No. 2543, A bill for an act relating to environment; classifying certain data; modifying certain reporting requirements; modifying and creating certain permitting efficiencies; modifying duties of Pollution Control Agency; modifying administrative penalty order and field citation provisions; providing civil penalties; requiring rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 13.741, by adding a subdivision; 84.027, subdivision 14a, by adding a subdivision; 115.03, subdivisions 1, 10; 115.551; 116.03, subdivision 2b; 116.07, subdivision 4d; 116.072, subdivision 2; 116.073, subdivisions 1, 2; 116J.035, subdivision 8.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 2552, A bill for an act relating to public safety; regulating the use of unmanned aerial vehicles by law enforcement; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Policy.
The
report was adopted.
Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:
H. F. No. 2558, A bill for an act relating to education finance; increasing funding for the early learning scholarship program; extending neighborhood achievement zone services; fully funding the basic sliding fee child care assistance program; modifying provider reimbursement rates; expanding the home visiting program; appropriating money; amending Minnesota Statutes 2012, sections 119B.02, subdivisions 1, 2; 119B.03, subdivision 9; 119B.035, subdivisions 1, 4; 119B.05, subdivision 5; 119B.08, subdivision 3; 119B.09, subdivision 4a; 119B.231, subdivision 5; 256.017, subdivision 9; Minnesota Statutes 2013 Supplement, sections 119B.011, subdivision 19b; 119B.05, subdivision 1; 124D.165; Laws 2013, chapter 116, article 8, section 5, subdivision 8; repealing Minnesota Statutes 2012, sections 119B.011, subdivision 20a; 119B.03, subdivisions 1, 2, 5, 6, 6a, 6b, 8; 119B.09, subdivision 3; Minnesota Statutes 2013 Supplement, section 119B.03, subdivision 4; Minnesota Rules, parts 3400.0020, subpart 8; 3400.0030; 3400.0060, subparts 2, 4, 6, 6a, 7.
Reported the same back with the following amendments:
Page 8, line 25, after the second "poverty" insert "among racial and ethnic groups"
Page 8, line 30, delete "and" and insert:
"(7) the number of inmates in
Minnesota's prisons convicted of a level 1 offense, as defined by the National
Crime Information Center, with home addresses in the census tract or other
region as determined by the director;
(8) the number of teenage mothers living in the census tract or other region as determined by the director; and"
Page 8, line 31, delete "(7)" and insert "(9)"
Page 8, line 34, delete "may" and insert "shall"
Page 8, line 35, after "need" insert "taking into account the risk factors listed in subdivision 2a, whether the child is in a home where the court has found the child in need of protection or services,"
Page 10, line 28, delete "373,000,000" and insert "273,000,000"
Page 10, line 29, delete "may" and insert "shall" and delete "up to"
Page 11, after line 18, insert:
"Sec. 18. APPROPRIATION;
OFFICE OF EARLY LEARNING.
(a) $.......in fiscal year 2015 is
appropriated from the general fund to the commissioner of education for
distribution to the Office of Early Learning.
(b)
Up to $.......of the appropriation in paragraph (a) is for training for early
learning providers regarding early brain development. The Office of Early Learning may contract with
the University of Minnesota or other parties to develop and disseminate this
information.
(c) The remainder of the appropriation in paragraph (a) may be used by the Office of Early Learning to encourage voluntary participation by early learning providers in the quality rating and improvement system under Minnesota Statutes, section 124D.142."
Renumber the sections in sequence
With the recommendation that when so amended the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2569, A bill for an act relating to education; adopting the interstate compact on educational opportunity for military children; requiring a military-connected youth identifier; amending Minnesota Statutes 2012, section 127A.70, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 127A.
Reported the same back with the following amendments:
Page 1, line 13, after "education" insert "including a representative appointed by the adjutant general of the Minnesota National Guard, among other organizations"
Page 2, line 7, after "compact" insert ", including conducting business required under section 127A.85" and delete "When conducting business"
Page 2, delete lines 8 and 9
With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Veterans Affairs.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 2576, A bill for an act relating to criminal justice; modifying provisions governing expungement of criminal records; requiring business screening services to delete expunged records; allowing expungement of eviction records in certain cases; amending Minnesota Statutes 2012, sections 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 5, 7, 8; proposing coding for new law in Minnesota Statutes, chapter 609A.
Reported the same back with the following amendments:
Page 6, line 35, after "expunged" insert "before the occurrence of the act giving rise to the civil action"
With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety Finance and Policy.
The
report was adopted.
Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:
H. F. No. 2633, A bill for an act relating to taxation; income and franchise; establishing a greater Minnesota angel investment credit; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 116J; 290.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The
report was adopted.
Wagenius from the Committee on Environment, Natural Resources and Agriculture Finance to which was referred:
H. F. No. 2640, A bill for an act relating to natural resources; appropriating money for a native seed processing complex; authorizing the sale and issuance of state bonds.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment.
The
report was adopted.
Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:
H. F. No. 2658, A bill for an act relating to workers' compensation; adopting the recommendations of the Workers' Compensation Advisory Council; amending Minnesota Statutes 2012, sections 176.129, subdivisions 2a, 7; 176.135, subdivision 7; 176.136, subdivision 1a; 176.231, subdivision 2; 176.305, subdivision 1a; Minnesota Statutes 2013 Supplement, section 176.011, subdivision 15; repealing Minnesota Statutes 2012, sections 175.006, subdivision 1; 175.08; 175.14; 175.26; 176.1311; 176.136, subdivision 3; 176.2615; 176.641.
Reported the same back with the following amendments:
Page 3, after line 9, insert:
"EFFECTIVE DATE. This section is effective for employees with dates of injury on or after October 1, 2013."
With the recommendation that when so amended the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 2694, A bill for an act relating to commerce; modifying regulation of real estate brokers and salespersons; amending Minnesota Statutes 2012, sections 82.55, subdivisions 13, 15, 16, by adding subdivisions; 82.57, subdivisions 1, 3, 7; 82.58, subdivisions 2, 4; 82.59, subdivision 7; 82.61; 82.62, subdivisions 1, 3; 82.63, subdivisions 1, 3, 6, 10, 12; 82.64; 82.66, subdivision 2; 82.67, subdivision 3; 82.68, subdivision 3; 82.69; 82.70, subdivisions 1, 5; 82.71, subdivision 5; 82.72, subdivisions 2, 3; 82.735, subdivision 1; 82.75, subdivisions 1, 2, 5; 82.81, subdivision 6; Minnesota Statutes 2013 Supplement, sections 82.62, subdivision 7; 82.63, subdivision 8; repealing Minnesota Statutes 2012, section 82.55, subdivision 17.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Dill from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2733, A bill for an act relating to natural resources; modifying all-terrain vehicle operating restrictions; providing for certain regulatory efficiencies; modifying use and designation of forest trails; modifying invasive species provisions; modifying Water Law; modifying outdoor recreation system provisions; appropriating money; amending Minnesota Statutes 2012, sections 13.055, subdivision 5; 17.4982, subdivision 18a; 84.027, subdivisions 12, 13a, 14a; 84.0857; 84.925, subdivision 5; 84.926, subdivision 4; 84D.01, subdivisions 8, 13, 15, 17, 18; 84D.03, as amended; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13, subdivision 5; 86A.09; 86A.11; 89.19, subdivision 2; 97C.821; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.615, subdivision 3a; Minnesota Statutes 2013 Supplement, sections 84.027, subdivision 13; 84D.10, subdivision 4; repealing Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 17.4982, subdivision 18a, is amended to read:
Subd. 18a. Nonindigenous
species. "Nonindigenous
species" means a species of fish or other aquatic life that is:
(1) not known to have been historically present in the state;
(2) not known to be naturally occurring in a particular part of the state; or
(3) designated listed by
rule as a prohibited or regulated invasive species.
Sec. 2. Minnesota Statutes 2013 Supplement, section 84.027, subdivision 13, is amended to read:
Subd. 13. Game and fish rules. (a) The commissioner of natural resources may adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and areas, to select hunters for areas, to provide for tagging and registration of game and fish, to prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife disease, to open or close bodies of water or portions of bodies of water for night bow fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng roots and wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate list
prohibited invasive species, regulated invasive species, unregulated nonnative
species, and infested waters.
(b) If conditions exist that do not allow the commissioner to comply with sections 97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis based upon current biological and harvest data, the commissioner may adopt a rule under this subdivision by submitting the rule to the attorney general for review under section 97A.0455, publishing a notice in the State Register and filing the rule with the secretary of state and the Legislative Coordinating Commission, and complying with section 97A.0459, and including a statement of the conditions and a copy of the rule in the notice. The conditions for opening a water body or portion of a water body for night bow fishing under this section may include the need to temporarily open the area to evaluate compatibility of the activity on that body of water prior to permanent rulemaking. The notice may be published after it is received from the attorney general or five business days after it is submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State Register and may be effective up to seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a rule that affects three or fewer counties the commissioner publishes the rule once in a legal newspaper in each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause (3), may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the rule is published if the commissioner gives notice and holds a public hearing on the rule within 15 days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected by rules adopted under paragraphs (b) and (c) by public announcements, posting, and other appropriate means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is effective for the period stated in the notice but not longer than 18 months after the rule is effective.
Sec. 3. Minnesota Statutes 2012, section 84.027, subdivision 13a, is amended to read:
Subd. 13a. Game and fish expedited permanent rules. In addition to the authority granted in subdivision 13, the commissioner of natural resources may adopt rules under section 14.389 that are authorized under:
(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to designate fish spawning beds or fish preserves, to select hunters or anglers for areas, to provide for registration of game or fish, to prevent or control wildlife disease, or to correct errors or omissions in rules that do not have a substantive effect on the intent or application of the original rule; or
(2) section 84D.12 to designate list
prohibited invasive species, regulated invasive species, and unregulated
nonnative species.
Sec. 4. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental and resource management permits be issued or denied within 150 days of the submission of a permit application. The commissioner of natural resources shall establish management systems designed to achieve the goal.
(b) The commissioner shall prepare semiannual
a permitting efficiency reports report that include
includes statistics on meeting the goal in paragraph (a). The reports are report is due February
1 and August 1 each year. For permit
applications that have not met the goal, the report must state the reasons for
not meeting the goal. In stating the
reasons for not meeting the goal, the commissioner shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific
or technical disagreements, or the level of public engagement. The report must specify the number of days
from initial submission of the application to the day of determination that the
application is complete. The report for
August 1 each year must aggregate the data for the year and assess whether
program or system changes are necessary to achieve the goal. The report must be posted on the department's
Web site and submitted to the governor and the chairs and ranking minority
members of the house of representatives and senate committees having
jurisdiction over natural resources policy and finance.
(c) The commissioner shall allow electronic submission of environmental review and permit documents to the department.
(d) Beginning July 1, 2011, within 30 business days of application for a permit subject to paragraph (a), the commissioner of natural resources shall notify the project proposer, in writing, whether the application is complete or incomplete. If the commissioner determines that an application is incomplete, the notice to the applicant must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, and advise the applicant on how the deficiencies can be remedied. This paragraph does not apply to an application for a permit that is subject to a grant or loan agreement under chapter 446A.
Sec. 5. Minnesota Statutes 2012, section 84.0857, is amended to read:
84.0857
FACILITIES MANAGEMENT ACCOUNT.
(a) The commissioner of natural resources may bill organizational units within the Department of Natural Resources and other governmental units, including tribal governments, for the costs of providing them with building and infrastructure facilities. Costs billed may include modifications and adaptations to allow for appropriate building occupancy, building code compliance, insurance, utility services, maintenance, repair, and other direct costs as determined by the commissioner. Receipts shall be credited to a special account in the state treasury and are appropriated to the commissioner to pay the costs for which the billings were made.
(b) Money deposited in the special account from the proceeds of a sale under section 94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire facilities or renovate existing buildings for administrative use or to acquire land for, design, and construct administrative buildings for the Department of Natural Resources.
(c) The commissioner of natural
resources may bill organizational units within the Department of Natural
Resources and other governmental units, including tribal governments, for the
costs of operating facilities. Receipts
shall be credited to a special account in the state treasury and are
appropriated to the commissioner to pay the costs for which the billings were
made.
Sec. 6. Minnesota Statutes 2012, section 84.81, subdivision 3, is amended to read:
Subd. 3. Snowmobile. "Snowmobile" means a
self-propelled vehicle originally manufactured and designed for travel
on snow or ice steered by skis or runners.
Snowmobile does not include the following vehicles equipped with
aftermarket ski and track configurations:
(1) an all-terrain vehicle defined in
section 84.92;
(2) an off-highway motorcycle defined in
section 84.787;
(3) an off-road vehicle defined in section
84.797;
(4) a mini truck defined in section
169.011;
(5) a utility task vehicle described in
section 169.045; or
(6) any other vehicle being operated off
road.
Sec. 7. Minnesota Statutes 2012, section 84.92, subdivision 9, is amended to read:
Subd. 9.
Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle"
means an all-terrain vehicle that has a total dry weight of less than 1,000
1,200 pounds.
Sec. 8. Minnesota Statutes 2012, section 84.92, subdivision 10, is amended to read:
Subd. 10. Class
2 all-terrain vehicle. "Class 2
all-terrain vehicle" means an all-terrain vehicle that has a total dry
weight of 1,000 1,200 to 1,800 pounds.
Sec. 9. Minnesota Statutes 2013 Supplement, section 84.9256, subdivision 1, is amended to read:
Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (f).
(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters or state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied by a person 18 years of age or older who holds a valid driver's license.
(d) To be issued an all-terrain vehicle
safety certificate, a person at least 12 years old, but less than 18 16
years old, must:
(1) successfully complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and
(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.
(e) A person at least 11 years of age may take the safety education and training program and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.
(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.
(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands or waters or on state or grant-in-aid trails if the person cannot properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.
(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or state or grant-in-aid trails if:
(1) the nonresident youth has in possession evidence of completing an all-terrain safety course offered by the ATV Safety Institute or another state as provided in section 84.925, subdivision 3; and
(2) the nonresident youth is accompanied by a person 18 years of age or older who holds a valid driver's license.
(j) A person 12 years of age but less than 16 years of age may operate an all-terrain vehicle on the bank, slope, or ditch of a public road right-of-way as permitted under section 84.928 if the person:
(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; and
(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.
Sec. 10. Minnesota Statutes 2012, section 84.926, subdivision 4, is amended to read:
Subd. 4. Off-road and all-terrain vehicles; limited or managed forests; trails. Notwithstanding section 84.777, but subject to the commissioner's authority under subdivision 5, on state forest lands classified as limited or managed, other than the Richard J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter 168 or section 84.798 or 84.922, including class 2 all-terrain vehicles, on forest trails designated for off-road vehicle use and on forest trails that are not designated for a specific use when:
(1) hunting big game or transporting or installing hunting stands during October, November, and December, when in possession of a valid big game hunting license;
(2) retrieving big game in September, when in possession of a valid big game hunting license;
(3) tending traps during an open trapping season for protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow dealer, private fish hatchery, or aquatic farm license.
Sec. 11. Minnesota Statutes 2012, section 84D.01, subdivision 8, is amended to read:
Subd. 8. Infested
waters. "Infested waters"
means waters of the state designated listed by the commissioner
under sections 84D.03, subdivision 1, and 84D.12.
Sec. 12. Minnesota Statutes 2012, section 84D.01, subdivision 13, is amended to read:
Subd. 13. Prohibited
invasive species. "Prohibited
invasive species" means a nonnative species that has been designated
listed as a prohibited invasive species in a rule adopted by the
commissioner under section 84D.12.
Sec. 13. Minnesota Statutes 2012, section 84D.01, subdivision 15, is amended to read:
Subd. 15. Regulated
invasive species. "Regulated
invasive species" means a nonnative species that has been designated
listed as a regulated invasive species in a rule adopted by the
commissioner under section 84D.12.
Sec. 14. Minnesota Statutes 2012, section 84D.01, subdivision 17, is amended to read:
Subd. 17. Unlisted
nonnative species. "Unlisted
nonnative species" means a nonnative species that has not been designated
listed as a prohibited invasive species, a regulated invasive species,
or an unregulated nonnative species in a rule adopted by the commissioner under
section 84D.12.
Sec. 15. Minnesota Statutes 2012, section 84D.01, subdivision 18, is amended to read:
Subd. 18. Unregulated
nonnative species. "Unregulated
nonnative species" means a nonnative species that has been designated
listed as an unregulated nonnative species in a rule adopted by the
commissioner under section 84D.12.
Sec. 16. Minnesota Statutes 2012, section 84D.03, as amended by Laws 2013, chapter 121, section 10, is amended to read:
84D.03
INFESTED WATERS; RESTRICTED ACTIVITIES.
Subdivision 1. Infested
waters; restricted activities. (a)
The commissioner shall designate list a water of the state as an
infested water if the commissioner determines that:
(1) the water contains a population of an aquatic invasive species that could spread to other waters if use of the water and related activities are not regulated to prevent this; or
(2) the water is highly likely to be infested by an aquatic invasive species because it is connected to a water that contains a population of an aquatic invasive species.
(b) When determining which invasive species comprise infested waters, the commissioner shall consider:
(1) the extent of a species distribution within the state;
(2) the likely means of spread for a species; and
(3) whether regulations specific to infested waters containing a specific species will effectively reduce that species' spread.
(c)
The presence of common carp and curly-leaf pondweed shall not be the basis for designating
listing a water as infested.
(d) The designation of infested waters by
the commissioner shall be by written order published in the State
Register maintain a list of infested waters and provide access to a copy
of the listed waters. Designations
Listings are not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
Subd. 3. Bait harvest from infested waters. (a) Taking wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) and section 97C.341.
(b) In waters that are designated listed
as infested waters, except those designated listed because they
contain prohibited invasive species of fish or certifiable diseases of fish, as
defined under section 17.4982, subdivision 6, taking wild animals may be
permitted for:
(1) commercial taking of wild animals for bait and aquatic farm purposes according to a permit issued under section 84D.11, subject to rules adopted by the commissioner;
(2) bait purposes for noncommercial personal
use in waters that contain Eurasian water milfoil, when the infested waters are
designated listed solely because they contain Eurasian water
milfoil and if the equipment for taking is limited to cylindrical minnow traps
not exceeding 16 inches in diameter and 32 inches in length; and
(3) harvest of bullheads, goldeyes,
mooneyes, sheepshead (freshwater drum), and suckers for bait from streams or
rivers designated listed as infested waters, by hook and line for
noncommercial personal use. Other
provisions that apply to this clause are:
(i) fish taken under this clause must be used on the same body of water where caught and while still on that water body;
(ii) fish taken under this clause may not be transported live from or off the water body;
(iii) fish harvested under this clause may only be used in accordance with this section;
(iv) any other use of wild animals used for bait from infested waters is prohibited;
(v) fish taken under this clause must meet all other size restrictions and requirements as established in rules; and
(vi) all species listed under this clause shall be included in the person's daily limit as established in rules, if applicable.
(c) Equipment authorized for minnow harvest
in a designated listed infested water by permit issued under
paragraph (b) may not be transported to, or used in, any waters other than
waters specified in the permit.
Subd. 4. Commercial
fishing and turtle, frog, and crayfish harvesting restrictions in infested and
noninfested waters. (a) All nets,
traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle,
frog, or crayfish harvesting in an infested water that is designated listed
because it contains invasive fish, invertebrates, or certifiable diseases, as
defined in section 17.4982, may not be used in any other waters. If a commercial licensee operates in an
infested water designated listed because it contains invasive
fish, invertebrates, or certifiable diseases, as defined in section 17.4982,
all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing
or turtle, frog, or crayfish harvesting in waters designated listed
as infested with invasive fish, invertebrates, or certifiable diseases, as
defined in section 17.4982, must be tagged with tags provided by the
commissioner, as specified in the commercial licensee's license or permit. This tagging requirement does not apply to
commercial fishing equipment used in Lake Superior.
(b)
All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing
or turtle, frog, or crayfish harvesting in an infested water that is designated
listed solely because it contains Eurasian water milfoil must be dried
for a minimum of ten days or frozen for a minimum of two days before they are
used in any other waters, except as provided in this paragraph. Commercial licensees must notify the
department's regional or area fisheries office or a conservation officer before
removing nets or equipment from an infested water designated listed
solely because it contains Eurasian water milfoil and before resetting those
nets or equipment in any other waters. Upon
notification, the commissioner may
authorize a commercial licensee to move nets or equipment to another water
without freezing or drying, if that water is designated listed
as infested solely because it contains Eurasian water milfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other equipment before placing the equipment into waters of the state.
(d) The commissioner shall provide a
commercial licensee with a current listing of designated listed
infested waters at the time that a license or permit is issued.
Sec. 17. Minnesota Statutes 2012, section 84D.06, is amended to read:
84D.06
UNLISTED NONNATIVE SPECIES.
Subdivision 1. Process. A person may not introduce an unlisted nonnative aquatic plant or wild animal species unless:
(1) the person has notified the commissioner in a manner and form prescribed by the commissioner;
(2) the commissioner has made the
classification determination required in subdivision 2 and designated listed
the species as appropriate; and
(3) the introduction is allowed under the applicable provisions of this chapter.
Subd. 2. Classification. (a) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a prohibited invasive species, the commissioner shall:
(1) adopt a rule under section 84D.12,
subdivision 3, designating listing the species as a prohibited
invasive species; and
(2) notify the person from which the notification was received that the species is subject to section 84D.04.
(b) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as an unregulated nonnative species, the commissioner shall:
(1) adopt a rule under section 84D.12,
subdivision 3, designating listing the species as an unregulated
nonnative species; and
(2) notify the person from which the notification was received that the species is not subject to regulation under this chapter.
(c) If the commissioner determines that a species for which a notification is received under subdivision 1 should be classified as a regulated invasive species, the commissioner shall notify the applicant that the species is subject to the requirements in section 84D.07.
Sec. 18. Minnesota Statutes 2012, section 84D.10, subdivision 3, is amended to read:
Subd. 3. Removal and confinement. (a) A conservation officer or other licensed peace officer may order:
(1) the removal of aquatic macrophytes or prohibited invasive species from water-related equipment before it is placed into waters of the state;
(2) confinement of the water-related equipment at a mooring, dock, or other location until the water-related equipment is removed from the water;
(3) removal of water-related equipment from
waters of the state to remove prohibited invasive species if the water has not
been designated listed by the commissioner as being infested with
that species; and
(4) a prohibition on placing water-related equipment into waters of the state when the water-related equipment has aquatic macrophytes or prohibited invasive species attached in violation of subdivision 1 or when water has not been drained or the drain plug has not been removed in violation of subdivision 4.
(b) An
inspector who is not a licensed peace officer may issue orders under paragraph
(a), clauses (1), (3), and (4).
Sec. 19. Minnesota Statutes 2013 Supplement, section 84D.10, subdivision 4, is amended to read:
Subd. 4. Persons transporting water-related equipment. (a) When leaving waters of the state a person must drain water-related equipment holding water and live wells and bilges by removing the drain plug before transporting the water-related equipment off the water access site or riparian property.
(b) Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting water-related equipment.
(c) Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the water body.
(d) Portable bait containers used by
licensed aquatic farms, portable bait containers when fishing through the ice
except on waters designated listed infested for viral hemorrhagic
septicemia, and marine sanitary systems are exempt from this subdivision.
(e) A person must not dispose of bait in waters of the state.
(f) A boat lift, dock, swim raft, or associated equipment that has been removed from any water body may not be placed in another water body until a minimum of 21 days have passed.
(g) A person who transports water that is appropriated from noninfested surface water bodies and that is transported by a commercial vehicle, excluding watercraft, or commercial trailer, which vehicle or trailer is specifically designed and used for water hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge the transported water to other surface waters or within 100 feet of a surface water body.
(h) A person transporting water from noninfested surface water bodies for firefighting or emergencies that threaten human safety or property is exempt from paragraphs (a) and (b).
Sec. 20. Minnesota Statutes 2013 Supplement, section 84D.105, subdivision 2, is amended to read:
Subd. 2. Inspector
authority. (a) The commissioner
shall train and authorize individuals to inspect water-related equipment for
aquatic macrophytes, aquatic invasive species, and water. The commissioner may enter into a delegation
agreement with a tribal or local government where inspection authority as
provided under paragraphs (b), (g), and (h) is delegated to tribal and local
governments that assume all. The
delegation agreements may provide for the assumption of legal, financial,
and administrative responsibilities for inspection programs on some or all
public waters within their jurisdiction.
(b) Inspectors may visually and tactilely inspect watercraft and water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present. If a person transporting watercraft or water-related equipment refuses to take required corrective actions or fails to comply with an order under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a conservation officer or other licensed peace officer.
(c) In addition to paragraph (b), a conservation officer or other licensed peace officer may inspect any watercraft or water-related equipment that is stopped at a water access site, any other public location in the state, or a private location where the watercraft or water-related equipment is in plain view, if the officer determines there is reason to believe that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or water-related equipment.
(d) Conservation officers or other licensed peace officers may utilize check stations in locations, or in proximity to locations, where watercraft or other water-related equipment is placed into or removed from waters of the state. Any check stations shall be operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
(e) Conservation officers or other licensed peace officers may order water-related equipment to be removed from a water body if the commissioner determines such action is needed to implement aquatic invasive species control measures.
(f) The commissioner may require mandatory inspections of water-related equipment before a person places or removes water-related equipment into or out of a water body. Inspection stations may be located at or near public water accesses or in locations that allow for servicing individual or multiple water bodies. The commissioner shall ensure that inspection stations:
(1) have adequate staffing to minimize delays to vehicles and their occupants;
(2) allow for reasonable travel times between public accesses and inspection stations if inspection is required before placing water-related equipment into a water body;
(3) are located so as not to create traffic delays or public safety issues;
(4) have decontamination equipment available to bring water-related equipment into compliance; and
(5) do not reduce the capacity or hours of operation of public water accesses.
(g) The commissioner may authorize tribal and local governments that enter into a delegation agreement with the commissioner to conduct mandatory inspections of water-related equipment at specified locations within a defined area before a person places or removes water-related equipment into or out of a water body. Tribal and local governments that are authorized to conduct inspections under this paragraph must:
(1)
to the extent called for in the delegation agreement, assume all
legal, financial, and administrative responsibilities for implementing the
mandatory inspections, alone or in agreement with other tribal or local
governments;
(2) employ inspectors that have been trained and authorized by the commissioner;
(3) conduct inspections and decontamination measures in accordance with guidelines approved by the commissioner;
(4) have decontamination equipment available at inspection stations or identify alternative decontamination equipment locations within a reasonable distance of the inspection station that can bring water-related equipment into compliance;
(5) provide for inspection station locations that do not create traffic delays or public safety issues; and
(6) submit a plan approved by the commissioner according to paragraph (h).
(h) Plans required under paragraph (g) must address:
(1) no reduction in capacity or hours of operation of public accesses and fees that do not discourage or limit use;
(2) reasonable travel times between public accesses and inspection stations;
(3) adequate staffing to minimize wait times and provide adequate hours of operation at inspection stations and public accesses;
(4) adequate enforcement capacity;
(5) measures to address inspections of water-related equipment at public water accesses for commercial entities and private riparian land owners; and
(6) other elements as required by the commissioner to ensure statewide consistency, appropriate inspection and decontamination protocols, and protection of the state's resources, public safety, and access to public waters.
(i) A government unit authorized to conduct inspections under this subdivision must submit an annual report to the commissioner summarizing the results and issues related to implementing the inspection program.
(j) The commissioner may waive the plan requirement in paragraph (g) for inspection programs where authorized inspectors are placed directly at one or more water access sites, with no requirement for a person to travel from the water access for inspection or decontamination, and no local ordinance or other regulation requiring a mandatory inspection before placing watercraft or water-related equipment into a water body or after watercraft or water-related equipment are removed from a water body.
Sec. 21. Minnesota Statutes 2012, section 84D.11, subdivision 2a, is amended to read:
Subd. 2a. Harvest of bait from infested waters. (a) The commissioner may issue a permit to allow the harvest of bait:
(1) from waters that are designated listed
as infested waters, except those designated listed because they
contain prohibited invasive species of fish or certifiable diseases of fish as
defined in section 17.4982, subdivision 6; and
(2) from infested waters as allowed under section 97C.341, paragraph (c).
The permit shall include conditions necessary to avoid spreading aquatic invasive species.
(b) Before receiving a permit, or working for a permittee, a person annually must satisfactorily complete aquatic invasive species-related training provided by the commissioner.
Sec. 22. Minnesota Statutes 2012, section 84D.12, is amended to read:
84D.12
RULES.
Subdivision 1. Required rules. The commissioner shall adopt rules:
(1) designating listing
prohibited invasive species, regulated invasive species, and unregulated
nonnative species of aquatic plants and wild animals;
(2) governing the application for and issuance of permits under this chapter, which rules may include a fee schedule; and
(3) governing notification under section 84D.08.
Subd. 2. Authorized rules. The commissioner may adopt rules:
(1) regulating the possession, importation, purchase, sale, propagation, transport, and introduction of invasive species of aquatic plants and wild animals; and
(2) regulating the appropriation, use, and transportation of water from listed infested waters.
Subd. 3. Expedited
rules. The commissioner may adopt
rules under section 84.027, subdivision 13, that designate list:
(1) prohibited invasive species of aquatic plants and wild animals;
(2) regulated invasive species of aquatic plants and wild animals; and
(3) unregulated nonnative species of aquatic plants and wild animals.
Sec. 23. Minnesota Statutes 2012, section 84D.13, subdivision 5, is amended to read:
Subd. 5. Civil penalties. (a) A civil citation issued under this section must impose the following penalty amounts:
(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
(2) for placing or attempting to place into waters of the state water-related equipment that has aquatic macrophytes attached, $200;
(3) for
unlawfully possessing or transporting a prohibited invasive species other than
an aquatic macrophyte, $500;
(4) for placing or attempting to place into
waters of the state water-related equipment that has prohibited invasive
species attached when the waters are not designated listed by the
commissioner as being infested with that invasive species, $500;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to have drain plugs or similar devices removed or opened while transporting water-related equipment or for failing to remove plugs, open valves, and drain water from water-related equipment, other than marine sanitary systems, before leaving waters of the state, $100; and
(7) for transporting infested water off riparian property without a permit as required by rule, $200.
(b) A civil citation that is issued to a person who has one or more prior convictions or final orders for violations of this chapter is subject to twice the penalty amounts listed in paragraph (a).
Sec. 24. Minnesota Statutes 2012, section 86A.09, is amended to read:
86A.09
DEVELOPMENT AND ESTABLISHMENT OF UNITS.
Subdivision 1. Master
plan required. No construction of
new facilities or other development of an authorized unit, other than repairs
and maintenance, shall commence until the managing agency has prepared and
submitted to the commissioner of natural resources and the commissioner has
reviewed, pursuant to this section, a master plan for administration of the
unit in conformity with this section. No
master plan is required for wildlife management areas that do not have resident
managers, for scientific and natural areas, for water access sites, for aquatic
management areas, for rest areas, or for boater waysides.
Subd. 2. Master
plan; preparation and content public review. The managing agency shall supervise
preparation of the master plan and shall utilize the professional staffs of any
agency of the state when the expertise of the staff of such agency is necessary
to adequately prepare the master plan; the master plan shall present the information
in a format and detail that is appropriate to the size and complexity of the
authorized unit. When the master plan
has been completed the managing agency shall announce to the public in a manner
reasonably designed to inform interested persons that the master plan is
available for public review and in the case of any major unit shall hold at
least one public hearing meeting on the plan in the vicinity of
the unit. The managing agency shall make the master plan available for review and
comment by the public and other state agencies for at least 30 days following
the announcement and before submitting the master plan to the
commissioner of natural resources.
Copies of the plan shall be provided to members of the Outdoor
Recreation Advisory Council and to any other person on request approval.
Subd. 3. Master
plan; review and approval content. All master plans required by this section
shall be submitted to the commissioner of natural resources for review
pursuant to this subdivision. The commissioner
of natural resources shall review the master plan to determine whether the
plan: (a) provides:
(1) provide for administration of
the unit in a manner that is consistent with the purposes for which the unit
was authorized and with the principles governing the administration of the
unit, as specified in section 86A.05 and the statutes relating to each type of
unit; and
(b) recognizes (2) recognize
values and resources within the unit that are primarily the responsibility of
another managing agency to protect or develop, and provides provide
for their protection or development either through a cooperative agreement with
the other managing agency or through designation of the appropriate area as a
secondary unit. In reviewing any
master plan, the commissioner of natural resources shall consult with other
state agencies. Within 60 days after
receiving the master plan, the commissioner of natural resources shall notify
the managing agency that the plan has been reviewed and forward its
recommendations for any changes it might suggest. The managing agency shall review the
recommendations and notify the commissioner of natural resources of the
disposition made of them. Failure to
comment on a master plan within the time specified shall be considered approval
of the plan by the commissioner of natural resources. If the commissioner of natural resources
feels that
the
master plan still fails significantly to comply with this subdivision, the
commissioner may request review of the master plan by the governor. In that event review shall not be deemed
completed until after the master plan has been approved by the governor or 60
days have elapsed without action by the governor to approve or reject the plan,
whichever occurs first.
Subd. 4. Development. Construction of necessary facilities and
other development of the unit shall commence as soon as practicable after
review of the master plan by the commissioner of natural resources, and the
governor if requested, and shall be carried out in conformity with the
master plan.
Subd. 5. Establishment. When, in the opinion of the managing agency, acquisition and development of the unit are sufficiently complete to permit operation and administration of the unit in substantial conformity with the master plan as approved, the managing agency shall declare the unit established and ready for use.
Subd. 6. Master
plan amendment. The managing
agency shall prepare an amendment to a master plan to address changes proposed
for a unit that would vary from the approved master plan. The master plan amendment shall address the
impacts of the proposed changes to the natural and cultural resources,
interpretive services, recreational opportunities, and administrative
activities at the unit. The master plan
amendment supersedes the master plan for those areas addressed by the amendment. The managing agency shall hold a public
meeting for master plan amendments that constitute a significant change in
public use or access to the unit or that may be controversial. Public notice and approval of the master plan
amendment shall follow the process described in subdivision 2. Construction of necessary facilities and
other development of the unit shall commence as soon as practicable after the
master plan amendment is adopted.
Sec. 25. Minnesota Statutes 2012, section 86A.11, is amended to read:
86A.11
REGISTRY OF UNITS.
The commissioner of natural resources and
the director of the Minnesota Historical Society shall each compile
and maintain a current registry of the name, location, size, and description of
all units of the outdoor recreation system under the commissioner's
jurisdiction and under the jurisdiction of the Minnesota Historical Society and
the commissioner of transportation. The
commissioner of natural resources their respective jurisdictions, and
shall publish and distribute the information contained in the registry in a
form and manner suitable to assist persons wishing to use these units. The Minnesota Historical Society and the
commissioner of transportation shall cooperate with and assist the commissioner
of natural resources in preparing and distributing the registry.
Sec. 26. Minnesota Statutes 2012, section 97C.821, is amended to read:
97C.821
POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL FISH.
Subject to the applicable provisions of
the game and fish laws, fish taken under commercial fishing licenses may be
possessed in any quantity, bought, sold, and transported at any time. Commercial fishing licensees may transport
their catch live to holding facilities, if the licensee has exclusive control
of the facilities. Commercial fishing
licensees may harvest fish from their holding facilities at any time with their
licensed gear. The commissioner may
prohibit the transport of live fish taken under a commercial fishing license
from waters that contain nonnative species, are designated listed
as infested waters, or are infected with any certifiable disease.
Sec. 27. Minnesota Statutes 2013 Supplement, section 103C.311, subdivision 2, is amended to read:
Subd. 2. Supervisors
elected by districts. (a) The
A district board in the seven-county metropolitan area shall by resolution
provide that supervisors will be elected by supervisor districts as provided in
this subdivision.
(b) A district board outside of the seven-county metropolitan area, with the approval of the state board, may by resolution provide that supervisors will be elected by supervisor districts as provided in this subdivision.
(b) (c) The supervisor
districts must be composed of precincts established by county and municipal
governing bodies under section 204B.14. The
districts must be compact, include only contiguous territory, and be
substantially equal in population. The
districts must be numbered in a regular series.
The districts must be drawn by the county board of the county containing
the largest area of the soil and water conservation district, in consultation
with the district board and with the approval of the state board. The boundaries of the districts must be
redrawn after each decennial federal census as provided in section 204B.135. A certified copy of the resolution
establishing supervisor districts must be filed by the chair of the district
board with the county auditor of the counties where the soil and water conservation
district is located, with the state board, and with the secretary of state, and
the filings must occur within 80 days of the time when the legislature has been
redistricted or at least 15 weeks before the state primary election in a year
ending in two, whichever comes first.
(c) (d) Each supervisor
district is entitled to elect one supervisor.
A supervisor must be a resident of the district from which elected.
(d) (e) The district board
shall provide staggered terms for supervisors elected by district. After each redistricting, there shall be a
new election of supervisors in all the districts at the next general election,
except that if the change made in the boundaries of a district is less than
five percent of the average population of all the districts, the supervisor in
office at the time of the redistricting shall serve for the full term for which
elected. The district board shall
determine by lot the seats to be filled for a two-year term, a four-year term,
and a six-year term.
EFFECTIVE
DATE. This section is
effective January 1, 2015, and applies to elections conducted on or after that
date.
Sec. 28. Minnesota Statutes 2012, section 103F.121, subdivision 2, is amended to read:
Subd. 2. Adoption
procedure. (a) The commissioner, upon
determining that sufficient technical information is available for the
delineation of floodplains and floodways on a watercourse, shall may
notify affected local governmental units that technical information is
available. Within six months after receiving
this notice, The local governmental units shall prepare or amend their
floodplain management ordinances in conformance with the provisions of sections
103F.101 to 103F.155 and shall submit the ordinance to the commissioner for
review and approval before adoption.
(b) The commissioner shall approve or disapprove the proposed ordinance within 120 days after receiving it.
(c) If the proposed ordinance is disapproved, the commissioner shall return it to the local governmental unit with a written statement of reasons for disapproval. Within 90 days after disapproval, the local governmental unit shall resubmit an amended proposed ordinance for further review and approval before adoption. The local governmental unit shall adopt a floodplain management ordinance within 90 days after approval by the commissioner.
(d) A floodplain management ordinance adopted by a local governmental unit is invalid unless it is approved by the commissioner.
(e) A local governmental unit may adopt a floodplain management ordinance in the absence of notification by the commissioner that the required technical data is available, provided that any such ordinance is submitted to the commissioner prior to its adoption for approval.
(f) A local governmental unit may adopt a floodplain management ordinance that is more restrictive than required under sections 103F.101 to 103F.155.
(g) Floodplain management ordinances may be amended by a local governmental unit upon the approval of the commissioner.
Sec. 29. Minnesota Statutes 2012, section 103F.121, subdivision 5, is amended to read:
Subd. 5. Major
Alterations and hazardous uses prohibited.
(a) If a floodplain has been delineated by a floodplain management
ordinance under sections 103F.101 to 103F.155, a major alteration to a
structure in existence on the effective date of the ordinance or a new fill,
structure, deposit, or other floodplain use that is unreasonably hazardous
to the public or that unduly restricts the capacity of the floodplain to carry
and discharge a regional flood not in accordance with the local
governmental unit's adopted floodplain management ordinance may not be
permitted after the effective date of the ordinance delineating the floodplain.
(b) As used in this subdivision, major
alterations of existing structures do not include repair or maintenance and do
not include repairs, maintenance, or alterations to structures made under the
authority of another authorized agency of the state or federal government.
(c) (b) This subdivision
does not apply to alterations, repair, or maintenance reasonably done under
emergency circumstances to preserve or protect life or property.
(d) (c) This subdivision
applies to alterations to existing structures and to new fill, structures,
deposits, or other floodplain uses by the state and state agencies.
Sec. 30. Minnesota Statutes 2012, section 103F.165, subdivision 3, is amended to read:
Subd. 3. Application
for flood insurance. Within 120
days After receiving notice of inclusion on the amended list, from
the commissioner or the Federal Emergency Management Agency that flood hazard
areas have been identified, each local governmental unit shall is
encouraged to apply for participation in the national flood insurance
program in the manner prescribed by federal laws and regulations.
Sec. 31. Minnesota Statutes 2012, section 103G.245, subdivision 2, is amended to read:
Subd. 2. Exceptions. A public waters work permit is not required for:
(1) work in altered natural watercourses
that are part of drainage systems established under chapter 103D or 103E if the
work in the waters is undertaken according to chapter 103D or 103E; or
(2) a drainage project for a drainage
system established under chapter 103E that does not substantially affect public
waters; or.
(3) removal of debris, including logs
that are at or near the water surface, dead trees and branches, and trash, that
does not alter the original alignment, slope, or cross section of the waters.
Sec. 32. Minnesota Statutes 2012, section 103G.615, subdivision 3a, is amended to read:
Subd. 3a. Invasive
aquatic plant management permit. (a)
"Invasive aquatic plant management permit" means an aquatic plant
management permit as defined in rules of the Department of Natural Resources
that authorizes the selective control of invasive aquatic plants at a scale
to cause a significant lakewide or baywide reduction in the abundance of
the invasive aquatic plant.
(b) The commissioner may waive the dated signature of approval requirement in rules of the Department of Natural Resources for invasive aquatic plant management permits if obtaining signatures would create an undue burden on the permittee or if the commissioner determines that aquatic plant control is necessary to protect natural resources.
(c) If the signature requirement is waived under paragraph (b) because obtaining signatures would create an undue burden on the permittee, the commissioner shall require an alternate form of landowner notification, including news releases or public notices in a local newspaper, a public meeting, or a mailing to the most recent permanent address of affected landowners. The notification must be given annually and must include: the proposed date of treatment, the target species, the method of control or product being used, and instructions on how the landowner may request that control not occur adjacent to the landowner's property.
(d) The commissioner may allow dated signatures of approval obtained for an invasive aquatic plant management permit to satisfy rules of the Department of Natural Resources to remain valid for three years if property ownership remains unchanged.
Sec. 33. Minnesota Statutes 2012, section 325E.13, is amended by adding a subdivision to read:
Subd. 5. Snowmobile. "Snowmobile" has the meaning
given in section 84.81, subdivision 3.
Sec. 34. Minnesota Statutes 2012, section 325E.14, subdivision 1, is amended to read:
Subdivision 1. Tampering. No person shall knowingly tamper with, adjust, alter, change, set back, disconnect or, with intent to defraud, fail to connect the odometer of any motor vehicle or snowmobile, or cause any of the foregoing to occur to an odometer of a motor vehicle or snowmobile, so as to reflect a lower mileage than has actually been driven by the motor vehicle or snowmobile.
Sec. 35. Minnesota Statutes 2012, section 325E.14, subdivision 2, is amended to read:
Subd. 2. Operating restriction. No person shall with intent to defraud, operate a motor vehicle on any street or highway or operate a snowmobile on public lands or waters knowing that the odometer of the motor vehicle or snowmobile is disconnected or nonfunctional.
Sec. 36. Minnesota Statutes 2012, section 325E.14, subdivision 3, is amended to read:
Subd. 3. Sales
and use restrictions. No person
shall advertise for sale, sell, use or install on any part of a motor vehicle or
snowmobile, or on any odometer in a motor vehicle or snowmobile any
device which that causes the odometer to register any mileage
other than the true mileage.
Sec. 37. Minnesota Statutes 2012, section 325E.14, subdivision 4, is amended to read:
Subd. 4. Sales
restriction. No person shall sell or
offer for sale any motor vehicle or snowmobile with knowledge that the
mileage registered on the odometer has been altered so as to reflect a lower
mileage than has actually been driven by the motor vehicle or snowmobile
without disclosing such the fact to prospective purchasers.
Sec. 38. Minnesota Statutes 2012, section 325E.14, subdivision 6, is amended to read:
Subd. 6. Repair
or replacement restriction. Nothing
in this section shall prevent the service, repair, or replacement of an
odometer, provided the mileage indicated thereon remains the same as before the
service, repair, or replacement. Where
the odometer is incapable of registering the same mileage as before such
the service, repair, or replacement, the odometer shall be adjusted to
read zero and a written notice shall be attached to the left door frame of the motor
vehicle or the left side of a snowmobile by the owner or an agent specifying
the mileage prior to repair or replacement of the odometer and the date on
which it was repaired or replaced. No
person shall remove or alter such a notice so affixed.
Sec. 39. Minnesota Statutes 2012, section 325E.15, is amended to read:
325E.15
TRANSFER OF MOTOR VEHICLE OR SNOWMOBILE; MILEAGE DISCLOSURE.
No person shall transfer a motor vehicle or snowmobile without disclosing in writing to the transferee the true mileage registered on the odometer reading or that the actual mileage is unknown if the odometer reading is known by the transferor to be different from the true mileage. The regulations contained in Code of Federal Regulations, title 49, sections 580.1 to 580.17, as amended through October 1, 1998, implementing Title IV of the Federal Motor Vehicle Information and Cost Savings Act prescribe the manner in which written disclosure must be made for both motor vehicles and snowmobiles in this state and are adopted by reference. No transferor shall violate any regulations adopted under this section or knowingly give a false statement to a transferee in making any disclosure required by the regulations.
Sec. 40. MINNESOTA
RIVER VALLEY; MASTER PLAN.
The commissioner of natural resources
shall develop a master plan in accordance with Minnesota Statutes, section
86A.09, to conserve the natural and cultural resources of the Minnesota River
Valley area in Redwood and Renville Counties and to provide for the shared use,
enjoyment, and understanding of these resources through a broad selection of
outdoor recreational opportunities and recreational travel routes that connect
units of the outdoor recreation system in the river valley. The plan shall address the impacts to the
natural and cultural resources, interpretive services, recreational
opportunities, and administrative activities in the area and also provide
recommendations on the unit designation of the area under the Outdoor
Recreation Act.
Sec. 41. REVISOR'S
INSTRUCTION.
The revisor of statutes shall delete
the term in column A and insert the term in column B in Minnesota Rules, parts
6216.0100, 6216.0250, 6216.0260, 6216.0270, 6216.0290, 6216.0300, 6216.0400,
6216.0500, and 6260.0300.
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Column A |
Column B |
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designate |
list |
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designated |
listed |
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designation |
listing |
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designating |
listing |
Sec. 42. REPEALER.
Minnesota Statutes 2012, sections
84.521; 89.01, subdivision 7; 103F.121, subdivisions 3 and 4; and 103F.165,
subdivision 2, are repealed."
Delete the title and insert:
"A bill for an act relating to natural resources; modifying all-terrain vehicle provisions; providing for certain regulatory efficiencies; modifying invasive species provisions; modifying definition of snowmobile; prohibiting tampering with snowmobile odometers; modifying use of forest trails; modifying outdoor recreation system provisions; modifying Water Law; amending Minnesota Statutes 2012, sections 17.4982, subdivision 18a; 84.027, subdivisions 13a, 14a; 84.0857; 84.81, subdivision 3; 84.92, subdivisions 9, 10; 84.926, subdivision 4; 84D.01, subdivisions 8, 13, 15, 17, 18; 84D.03, as amended; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13, subdivision 5; 86A.09; 86A.11; 97C.821; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.615, subdivision 3a; 325E.13, by adding a subdivision; 325E.14, subdivisions 1, 2,
3, 4, 6; 325E.15; Minnesota Statutes 2013 Supplement, sections 84.027, subdivision 13; 84.9256, subdivision 1; 84D.10, subdivision 4; 84D.105, subdivision 2; 103C.311, subdivision 2; repealing Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2."
With the recommendation that when so amended the bill be re-referred to the Committee on Environment, Natural Resources and Agriculture Finance.
The
report was adopted.
Paymar from the Committee on Public Safety Finance and Policy to which was referred:
H. F. No. 2755, A bill for an act relating to corrections; amending and repealing outdated and redundant statutes; amending Minnesota Statutes 2012, sections 241.01, subdivision 3a; 242.19, subdivision 2; 242.32, subdivision 1; 242.46, subdivision 3; 243.1605; 243.1606, subdivision 3; 260.51; 260.55; 260.56; repealing Minnesota Statutes 2012, sections 241.022; 241.0221; 241.024; 241.34; 242.37; 242.56, subdivisions 1, 2, 4, 5, 6, 7; 243.18, subdivision 2; 243.64; 260.52; 260.54.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Dill from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2852, A bill for an act relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying license provisions and fees; modifying trespass provisions; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; updating and eliminating certain obsolete language; modifying prior appropriations; requiring rulemaking; providing criminal penalties; amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.944, subdivision 2; 84A.10; 84A.50; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.434, subdivision 1; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502; 97B.001, subdivisions 3, 4, 7; 97B.031, subdivision 5; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.516; 97B.605; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; Minnesota Statutes 2013 Supplement, sections 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing coding for new law in Minnesota Statutes, chapters 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 84.154, subdivision 1, is amended to read:
Subdivision 1. Conservation project. The commissioner is hereby authorized, with the approval of the Executive Council, and on such terms as may be deemed advantageous to the state, to sell and convey to the United States the fee title, free from any mineral reservation, of lands acquired by the state for the Lac qui Parle River water
control
project upon which dams and appurtenant structures have been or may be
constructed and such rights-of-way as may be required by the United States to
provide access thereto for the purposes of construction, maintenance and
operation, and to grant, sell and convey either such fee title to, or flowage
rights over, all lands acquired for the project on and above Lac qui Parle Lake
which lie below the 935.7 foot elevation on project datum, and to grant, sell
and convey flowage rights only over all lands so acquired on or above Marsh
Lake which lie below the 939.5 foot elevation on project datum and over all of
such lands on and above either of these lakes which lie above such elevations,
and to lease to any appropriate agency of the United States for conservation
purposes, subject to such flowage rights, any of such lands the ownership of
which is retained by the state, or to enter into a cooperative agreement with
any such agency for the development and management of any wild life or other
conservation activity thereon; provided, that no such conveyance or agreement
shall waive any claim of the state for reimbursement from the United States under
the Flood Control Act of June 28, 1938, and any amendments thereof. Each such lease for conservation purposes and
each such cooperative agreement for the development and management of wild life
or other conservation activity on such lands shall contain specific conditions
reserving to the public during all open seasons for hunting wild waterfowl at
least 40 percent of the area of these lands suitable for hunting waterfowl as
public shooting grounds.
Sec. 2. Minnesota Statutes 2012, section 84.154, subdivision 2, is amended to read:
Subd. 2. Commissioner may complete Lac qui Parle and
Big Stone Lake projects. Inasmuch
as the cessation of the work relief program of the federal government and the
entry of the United States into the present war prevented completion of certain
contemplated features of the Lac qui Parle and Big Stone Lake water control
projects heretofore undertaken by the Executive Council, in cooperation with
federal agencies, and it is desirable that such projects be completed in order
to secure effective control and utilization of the waters affected for the
purposes of prevention and control of floods, water conservation, improvement
of conditions for game and fish, and other authorized public uses, The
commissioner of natural resources is authorized to construct all works and
improvements pertaining or incidental to said projects which the commissioner
deems necessary for such purposes, and to maintain and operate the same so far
as not transferred to the United States pursuant to law.
Sec. 3. Minnesota Statutes 2012, section 84.154, subdivision 3, is amended to read:
Subd. 3. Powers of commissioner. The commissioner of natural resources may
use for any project herein authorized any land of the state under the
commissioner's jurisdiction or control so far as is not inconsistent with the
laws governing the same, may acquire by purchase, gift, or condemnation any
additional lands or interests in lands required for such projects, including
lands or interests in adjacent states if authorized by the laws thereof, may
accept gifts or grants of money or property from the United States or any other
source for such projects, may use and apply any money or property so received
in accordance with the terms of the gift or grant so far as is not inconsistent
with the provisions of this section or other laws, may act in behalf of the
state as sponsor for any such project undertaken or authorized by the United
States, may make any sponsor's contributions required for any such project out
of money appropriated by Laws 1943, chapter 476, or otherwise made available
therefor, and may cooperate with the United States or any adjacent state or
any authorized agency of either in constructing, maintaining and operating any
such project upon such terms and conditions as the commissioner may deem proper
not inconsistent with the laws of this state.
Sec. 4. Minnesota Statutes 2012, section 84.777, subdivision 2, is amended to read:
Subd. 2. Off-highway vehicle and snowmobile seasonal restrictions. (a) Except for designated forest roads, a person must not operate an off-highway vehicle or snowmobile on state forest lands during the firearms deer hunting season in areas of the state where deer may be taken by rifle. This paragraph does not apply to a person in possession of a valid deer hunting license operating an off-highway vehicle or snowmobile before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
(b) The commissioner may designate and post winter trails on state forest lands for use by off-highway vehicles.
(c) For the purposes of this subdivision, "state forest lands" means forest lands under the authority of the commissioner as defined in section 89.001, subdivision 13, and lands managed by the commissioner under section 282.011.
Sec. 5. Minnesota Statutes 2012, section 84.87, is amended by adding a subdivision to read:
Subd. 5. Snowmobile
operation during the firearms deer season.
Snowmobile operation during the firearms deer hunting season is
restricted as provided in section 84.777, subdivision 2, and rules adopted by
the commissioner.
Sec. 6. Minnesota Statutes 2012, section 84.944, subdivision 2, is amended to read:
Subd. 2. Designation
of acquired sites. The critical
natural habitat acquired in fee title by the commissioner under this section
shall be designated by the commissioner as:
(1) an outdoor recreation unit pursuant to section 86A.07, subdivision 3, or (2) as provided in
sections 89.018, subdivision 2, paragraph (a), 97A.101, 97A.125, and
97C.001, and 97C.011. The
commissioner may so designate any critical natural habitat acquired in less
than fee title.
Sec. 7. Minnesota Statutes 2012, section 84A.10, is amended to read:
84A.10
EMINENT DOMAIN.
The department has the power of eminent
domain in chapter 117. The department
may acquire, by eminent domain or by purchase, lands or interests in lands in
the preserve that the department considers necessary for state ownership, use,
or development for the purposes of sections 84A.01 to 84A.11 84A.101. No money shall be used to acquire the
lands or interests until the department determines that the money will not be
required to meet the requisitions of the counties authorized under section
84A.04, or for payment of certificates of indebtedness and their interest.
Sec. 8. Minnesota Statutes 2012, section 84A.50, is amended to read:
84A.50
CERTAIN CERTIFICATES ACCEPTED AND VALIDATED.
Certificates relating to bonds issued to
finance or refinance public drainage ditches, the principal and interest of the
bonds, the amount of money collected from drainage assessments and credited to
ditches, and the amount of the deficit in the ditch fund made by a county
auditor under section 84A.04, 84A.23, or 84A.33 to the
commissioner of management and budget on which payment has been made by the
state are accepted as correct and are validated.
Sec. 9. Minnesota Statutes 2012, section 97A.025, is amended to read:
97A.025
OWNERSHIP OF WILD ANIMALS.
The ownership of wild animals of the state
is in the state, in its sovereign capacity for the benefit of all the people of
the state. A person may not acquire a
property right in wild animals, or destroy them, unless authorized under the
game and fish laws, sections 84.091 to 84.15, or sections 17.47 to
17.498.
Sec. 10. Minnesota Statutes 2012, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b. Citizen oversight committees. (a) The commissioner shall appoint committees of affected persons to review the reports prepared under subdivision 4; review the proposed work plans and budgets for the coming year; propose changes in policies, activities, and revenue enhancements or reductions; review other relevant information; and make recommendations to the legislature and the commissioner for improvements in the management and use of money in the game and fish fund.
(b) The commissioner shall appoint the following committees, each comprised of at least ten affected persons:
(1) a Fisheries Oversight Committee to review fisheries funding and expenditures, including activities related to trout and salmon stamps and walleye stamps; and
(2) a Wildlife Oversight Committee to review wildlife funding and expenditures, including activities related to migratory waterfowl, pheasant, and wild turkey management and deer and big game management.
(c) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight Committee, and four additional members from each committee, shall form a Budgetary Oversight Committee to coordinate the integration of the fisheries and wildlife oversight committee reports into an annual report to the legislature; recommend changes on a broad level in policies, activities, and revenue enhancements or reductions; and provide a forum to address issues that transcend the fisheries and wildlife oversight committees.
(d) The Budgetary Oversight Committee shall develop recommendations for a biennial budget plan and report for expenditures on game and fish activities. By August 15 of each even-numbered year, the committee shall submit the budget plan recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance.
(e) The chairs of the Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen by their respective committees. The chair of the Budgetary Oversight Committee shall be appointed by the commissioner and may not be the chair of either of the other oversight committees.
(f) The Budgetary Oversight Committee may make recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance for outcome goals from expenditures.
(g) Notwithstanding section 15.059,
subdivision 5, or other law to the contrary, The committees authorized
under this subdivision are not advisory councils or committees governed by
section 15.059 and are not subject to section 15.059. Committee members appointed by the
commissioner may request reimbursement for mileage expenses in the same manner
and amount as authorized by the commissioner's plan adopted under section
43A.18, subdivision 2. Committee members must not receive daily compensation
for oversight activities. The Fisheries Oversight Committee, the
Wildlife Oversight Committee, and the Budgetary Oversight Committee do not
expire until June 30, 2015.
Sec. 11. Minnesota Statutes 2012, section 97A.131, is amended to read:
97A.131
GAME FARMS AND HATCHERIES.
The commissioner may acquire property by
gift, lease, purchase, or condemnation and may construct, maintain, operate,
and alter facilities for game farms and hatcheries.
Sec. 12. Minnesota Statutes 2012, section 97A.137, subdivision 3, is amended to read:
Subd. 3. Use of
motorized vehicles by disabled hunters. The
commissioner may issue a special permit, without a fee, authorizing a hunter
with a permanent physical disability to use a snowmobile or,
highway-licensed vehicle, all-terrain vehicle, or motor boat in
wildlife management areas. To qualify
for a permit under this subdivision, the disabled person must possess:
(1) the required hunting licenses; and
(2) a permit to shoot from a stationary vehicle under section 97B.055, subdivision 3.
Sec. 13. Minnesota Statutes 2012, section 97A.137, is amended by adding a subdivision to read:
Subd. 6. Crossing
state lands. (a) The
commissioner may grant a permit to cross state lands within wildlife management
areas for temporary right-of-way access to federal, county-managed, or
privately owned lands for resource management purposes. A permit for crossing state lands within
wildlife management areas is revocable at any time subject to conditions
identified in the permit.
(b) The commissioner may grant a permit
to a private landowner or leaseholder to cross state lands within wildlife
management areas by motorized vehicle for temporary right-of-way access to a
permit applicant's land, when it is the only reasonable access and is
consistent with the maintenance and management of wildlife lands.
Sec. 14. Minnesota Statutes 2012, section 97A.311, subdivision 5, is amended to read:
Subd. 5. Refunds. (a) The commissioner may issue a refund on a license, not including any issuing fees paid under section 97A.485, subdivision 6, if the request is received within 90 days of the original license purchase and:
(1) the licensee dies before the opening of the licensed season. The original license and a copy of the death certificate must be provided to the commissioner;
(2) the licensee is unable to participate in the licensed activity because the licensee is called to active military duty or military leave is canceled during the entire open season of the licensed activity. The original license and a copy of the military orders or notice of cancellation of leave must be provided to the commissioner;
(3) the licensee purchased two licenses for
the same license season in error; or
(4) the licensee was not legally required
to purchase the license to participate in the activity; or
(5) evidence is provided to the commissioner that demonstrates the license was issued incorrectly by the department or license agent.
(b) This subdivision does not apply to lifetime licenses.
Sec. 15. Minnesota Statutes 2012, section 97A.311, is amended by adding a subdivision to read:
Subd. 6. License
corrections. The commissioner
may correct a license or license type and refund the difference or charge the
difference of the corrected license fee if:
(1) the licensee provides evidence that
the license was issued incorrectly by the department or license agent;
(2) the request is made within 30 days
of the original license purchase;
(3) the season or license activities
for the original license have not yet started at the time of the request; and
(4) the licensee is entitled to the
corrected license.
Sec. 16. Minnesota Statutes 2012, section 97A.434, subdivision 1, is amended to read:
Subdivision 1. Number
of licenses to be issued. If the
commissioner establishes an open season for prairie chickens under section
97B.711, the commissioner shall also determine, by rule, the number of
licenses to be issued.
Sec. 17. Minnesota Statutes 2012, section 97A.441, subdivision 1, is amended to read:
Subdivision 1. Angling
and spearing; disabled residents. (a)
A person authorized to issue licenses must issue, without a fee, licenses
to take fish by angling or spearing shall be issued without a fee to a
resident who is:
(1) blind;
(2) a recipient of supplemental security income for the aged, blind, and disabled;
(3) a recipient of Social Security aid to the disabled under United States Code, title 42, section 416, paragraph (i)(l) or section 423(d);
(4) a recipient of workers' compensation based on a finding of total and permanent disability; or
(5) 65 years of age or older and was qualified under clause (2) or (3) at the age of 64.
(b) A driver's license or Minnesota
identification card bearing the applicable designation under section 171.07, subdivision
17, serves as satisfactory evidence to obtain a license under this subdivision
at all agent locations.
Sec. 18. Minnesota Statutes 2012, section 97A.441, subdivision 5, is amended to read:
Subd. 5. Angling; disabled veterans. (a) A person authorized to issue licenses must issue, without a fee, a permanent license to take fish by angling to a resident who is a veteran, as defined in section 197.447, and that has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.
(b) A driver's license or Minnesota
identification card bearing the designation under section 171.07, subdivision
15, paragraph (a), clause (2), serves as satisfactory evidence to obtain a license
under this subdivision at all agent locations.
Sec. 19. Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6, is amended to read:
Subd. 6. Taking deer; disabled veterans. (a) A person authorized to issue licenses must issue, without a fee, a license to take deer with firearms or by archery to a resident that is a veteran, as defined in section 197.447, and that has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.
(b) The commissioner, upon request, must issue a permanent card documenting satisfactory evidence of 100 percent permanently disabled status.
(c) The card serves following
serve as satisfactory evidence to obtain a license under this subdivision
at all agent locations:
(1) a card issued under paragraph (b);
or
(2) a driver's license or Minnesota identification card bearing the designation under section 171.07, subdivision 15, paragraph (a), clause (2).
Sec. 20. Minnesota Statutes 2013 Supplement, section 97A.441, subdivision 6a, is amended to read:
Subd. 6a. Taking small game; disabled veterans. (a) A person authorized to issue licenses must issue, without a fee, a license to take small game to a resident who is a veteran, as defined in section 197.447, and who has a 100 percent service connected disability as defined by the United States Veterans Administration upon being furnished satisfactory evidence.
(b) The commissioner, upon request, must issue a permanent card documenting satisfactory evidence of 100 percent permanently disabled status.
(c) The card serves following
serve as satisfactory evidence to obtain a license under this subdivision
at all agent locations:
(1) a card issued under paragraph (b);
or
(2) a driver's license or Minnesota identification card bearing the designation under section 171.07, subdivision 15, paragraph (a), clause (2).
Sec. 21. Minnesota Statutes 2012, section 97A.473, subdivision 2a, is amended to read:
Subd. 2a. Lifetime spearing license; fee. (a) A resident lifetime spearing license authorizes a person to take fish by spearing in the state. The license authorizes those activities authorized by the annual resident spearing license.
(b) The fees for a resident lifetime spearing license are:
(1) age 3 and under, $258 $77;
(2) age 4 to age 15, $320 $106;
(3) age 16 to age 50, $372 $100;
and
(4) age 51 and over, $173 $52.
Sec. 22. Minnesota Statutes 2012, section 97A.473, subdivision 2b, is amended to read:
Subd. 2b. Lifetime angling and spearing license; fee. (a) A resident lifetime angling and spearing license authorizes a person to take fish by angling or spearing in the state. The license authorizes those activities authorized by the annual resident angling and spearing licenses.
(b) The fees for a resident lifetime angling and spearing license are:
(1) age 3 and under, $380;
(2) age 4 to age 15, $509;
(3) age 16 to age 50, $617 $596;
and
(4) age 51 and over, $386.
Sec. 23. Minnesota Statutes 2012, section 97A.473, subdivision 5, is amended to read:
Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license authorizes a person to take fish by angling and hunt and trap small game, other than wolves, in the state. The license authorizes those activities authorized by the annual resident angling and resident small game hunting licenses and the resident trapping license for fur-bearing animals other than wolves. The license does not include a trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, $528 $485;
(2) age 4 to age 15, $728 $659;
(3) age 16 to age 50, $861; and
(4) age 51 and over, $602 $560.
Sec. 24. Minnesota Statutes 2012, section 97A.473, subdivision 5a, is amended to read:
Subd. 5a. Lifetime sporting with spearing option license; fee. (a) A resident lifetime sporting with spearing option license authorizes a person to take fish by angling or spearing and hunt and trap small game, other than wolves, in the state. The license authorizes those activities authorized by the annual resident angling, spearing, and resident small game hunting licenses and the resident trapping license for fur-bearing animals other than wolves. The license does not include a trout and salmon stamp validation, a turkey stamp validation, a walleye stamp validation, or any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting with spearing option license are:
(1) age 3 and under, $615 $562;
(2) age 4 to age 15, $800 $765;
(3) age 16 to age 50, $985 $961;
and
(4) age 51 and over, $586 $612.
Sec. 25. Minnesota Statutes 2013 Supplement, section 97A.475, subdivision 2, is amended to read:
Subd. 2. Resident hunting. Fees for the following licenses, to be issued to residents only, are:
(1) for persons age 18 or over and under age 65 to take small game, $15.50;
(2) for persons age 65 or over, $7 to take small game;
(3) for persons age 18 or over to take turkey, $26;
(4) for persons age 13 or over and under age 18 to take turkey, $5;
(5) for persons age 18 or over to take deer with firearms during the regular firearms season, $30;
(6) for persons age 18 or over to take deer by archery, $30;
(7) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $30;
(8) to take moose, for a party of not more than six persons, $356;
(9) for persons age 18 or over to take bear, $44;
(10) to take elk, for a party of not more than two persons, $287;
(11) to take Canada geese during a special season, $4;
(12) to take prairie chickens, $23;
(13) for
persons age 13 or over and under age 18 to take deer with firearms during the
regular firearms season, $5;
(14) for persons age 13 or over and under age 18 to take deer by archery, $5;
(15) for
persons age 13 or over and under age 18 to take deer by muzzleloader during the
muzzleloader season, $5;
(16) for persons age 10, 11, or 12 to
take bear, no fee;
(17) for persons age 13 or over and
under age 18 to take bear, $5;
(16) (18) for persons age 18
or over to take small game for a consecutive 72-hour period selected by the
licensee, $19, of which an amount equal to:
one-half of the fee for the migratory waterfowl stamp under subdivision
5, clause (1), shall be deposited in the waterfowl habitat improvement account
under section 97A.075, subdivision 2; one-half of the fee for the pheasant
stamp under subdivision 5, clause (2), shall be deposited in the pheasant
habitat improvement account under section 97A.075, subdivision 4; and one-half
of the small game surcharge under subdivision 4, shall be deposited in the
wildlife acquisition account;
(17) (19) for persons age 16
or over and under age 18 to take small game, $5;
(18) (20) to take wolf, $30;
(19) (21) for persons age 12
and under to take turkey, no fee;
(20) (22) for persons age
10, 11, or 12 to take deer by firearm, no fee;
(21) (23) for persons age
10, 11, or 12 to take deer by archery, no fee; and
(22) (24) for persons age
10, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no
fee.
Sec. 26. Minnesota Statutes 2013 Supplement, section 97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident hunting. (a) Fees for the following licenses, to be issued to nonresidents, are:
(1) for persons age 18 or over to take small game, $90.50;
(2) for persons age 18 or over to take deer with firearms during the regular firearms season, $160;
(3) for persons age 18 or over to take deer by archery, $160;
(4) for persons age 18 or over to take deer by muzzleloader during the muzzleloader season, $160;
(5) for persons age 18 or over to take bear, $225;
(6) for persons age 18 or over to take turkey, $91;
(7) for persons age 13 or over and under age 18 to take turkey, $5;
(8) to take raccoon or bobcat, $178;
(9) to take Canada geese during a special season, $4;
(10) for persons age 13 or over and under age 18 to take deer with firearms during the regular firearms season in any open season option or time period, $5;
(11) for persons age 13 or over and under age 18 to take deer by archery, $5;
(12) for persons age 13 or over and under age 18 to take deer during the muzzleloader season, $5;
(13) for persons age 13 or over and
under 18 to take bear, $5;
(14) for persons age 18 or over to take small game for a consecutive 72-hour period selected by the licensee, $75, of which an amount equal to: one-half of the fee for the migratory waterfowl stamp under subdivision 5, clause (1), shall be deposited in the waterfowl habitat improvement account under section 97A.075, subdivision 2; one-half of the fee for the pheasant stamp under subdivision 5, clause (2), shall be deposited in the pheasant habitat improvement account under section 97A.075, subdivision 4; and one-half of the small game surcharge under subdivision 4, shall be deposited into the wildlife acquisition account;
(14) (15) for persons age 16
or 17 to take small game, $5;
(15) (16) to take wolf, $250;
(16) (17) for persons age 12
and under to take turkey, no fee;
(17) (18) for persons age
ten, 11, or 12 to take deer by firearm, no fee;
(18) (19) for persons age
ten, 11, or 12 to take deer by archery, no fee; and
(19) (20) for persons age
ten, 11, or 12 to take deer by muzzleloader during the muzzleloader season, no
fee; and
(21) for person age 10, 11, or 12 to take bear, no fee.
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under paragraph (a), clauses (1) to (6) and (8). An additional commission may not be assessed on this surcharge.
Sec. 27. Minnesota Statutes 2013 Supplement, section 97A.485, subdivision 6, is amended to read:
Subd. 6. Licenses to be sold and issuing fees. (a) Persons authorized to sell licenses under this section must issue the following licenses for the license fee and the following issuing fees:
(1) to take deer or bear with firearms and by archery, the issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1;
(3) to
take small game, to take fish by angling or by spearing, and to trap
fur-bearing animals, the issuing fee is $1;
(4) to apply for a limited hunt drawing, the issuing fee is $1 unless the application requires a license purchase at the time of application and the license purchase requires an application fee;
(5) for a prairie chicken license, the issuing fee is $1;
(6) for a turkey license, the issuing fee is $1;
(7) for an elk license, the issuing fee is $1;
(8) for a moose license, the issuing fee is $1;
(9) for a wolf license, the issuing fee is $1;
(10) for a stamp validation that is not issued simultaneously with a license, an issuing fee of 50 cents may be charged at the discretion of the authorized seller;
(11) for stamp validations issued simultaneously with a license, there is no fee;
(12) for licenses, seals, tags, or coupons
issued without a fee under section 97A.441, subdivisions 1 to 6a, or
97A.465, the issuing there is no fee is $1;
(13) for lifetime licenses, there is no fee; and
(14) for all other licenses, permits, renewals, or applications or any other transaction through the electronic licensing system under this chapter or any other chapter when an issuing fee is not specified, an issuing fee of $1 may be charged at the discretion of the authorized seller.
(b) Only one issuing fee may be collected when selling more than one stamp in the same transaction after the end of the season for which the stamp was issued.
(c) The agent shall keep the issuing fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a commission for selling the licenses.
(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
(g) The commissioner may issue one-day angling licenses in books of ten licenses each to fishing guides operating charter boats upon receipt of payment of all license fees, excluding the issuing fee required under this section. Copies of sold and unsold licenses shall be returned to the commissioner. The commissioner shall refund the charter boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be maintained by the commissioner for one year.
Sec. 28. Minnesota Statutes 2012, section 97A.502, is amended to read:
97A.502
DEER KILLED BY MOTOR VEHICLES.
(a) Deer killed by a motor vehicle on a
public road must be removed by the road authority, as defined by section
160.02, subdivision 25, unless the driver of the motor vehicle is allowed to
possess the deer under paragraph (b). The
commissioner of natural resources must provide to all road authorities standard
forms for statistical purposes and the tracking of wild animals.
(b) The driver of a motor vehicle that has collided with and killed a deer on a public road has priority for a possession permit for the entire deer if the facts indicate that the deer was not taken illegally.
Sec. 29. Minnesota Statutes 2012, section 97B.031, subdivision 5, is amended to read:
Subd. 5. Scopes;
visually impaired hunters. (a)
Notwithstanding any other law to the contrary, the commissioner may issue a
special permit, without a fee, to use a muzzleloader with a scope to take deer
during the muzzleloader season to a person who obtains the required licenses
and who has provides satisfactory evidence of a visual impairment. The scope may not have magnification
capabilities.
(b) The visual impairment must be to the extent that the applicant is unable to identify targets and the rifle sights at the same time without a scope.
(c) The following serve as satisfactory
evidence to obtain a special permit under this subdivision:
(1) a driver's license or Minnesota
identification card bearing the applicable designation under section 171.07,
subdivision 17; or
The visual impairment and specific
conditions must be established by (2) medical evidence that
establishes the visual impairment and specific conditions, indicates whether
the visual impairment is permanent, and is verified in writing by (1)
(i) a licensed physician or a certified nurse practitioner or certified
physician assistant acting under the direction of a licensed physician; (2)
(ii) a licensed ophthalmologist; or (3) (iii) a licensed
optometrist. The commissioner may
request additional information from the physician if needed to verify the
applicant's eligibility for the permit.
(c) (d) A permit issued
under this subdivision may be valid for up to five years, based on the
permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
(d) (e) The permit must be
in the immediate possession of the permittee when hunting under the special
permit.
(e) (f) The commissioner may
deny, modify, suspend, or revoke a permit issued under this subdivision for
cause, including a violation of the game and fish laws or rules.
(f) (g) A person who
knowingly makes a false application or assists another in making a false
application for a permit under this subdivision is guilty of a misdemeanor. A physician, certified nurse practitioner,
certified physician assistant, ophthalmologist, or optometrist who fraudulently
certifies to the commissioner that a person is visually impaired as described
in this subdivision is guilty of a misdemeanor.
(h) A permit is not required under this
subdivision to use an electronic range finder according to section 97B.081,
subdivision 3, paragraph (c).
Sec. 30. Minnesota Statutes 2012, section 97B.055, subdivision 3, is amended to read:
Subd. 3. Hunting
from vehicle by disabled hunters. (a)
The commissioner may issue a special permit, without a fee, to discharge a
firearm or bow and arrow from a stationary motor vehicle to a person who
obtains the required licenses and who has provides satisfactory
evidence of a permanent physical disability that is more substantial than
discomfort from walking. The permit
recipient must be:
(1) unable to step from a vehicle without aid of a wheelchair, crutches, braces, or other mechanical support or prosthetic device; or
(2) unable to walk any distance because of a permanent lung, heart, or other internal disease that requires the person to use supplemental oxygen to assist breathing.
(b) The following serve as satisfactory
evidence to obtain a special permit under this subdivision:
(1) a driver's license or Minnesota
identification card bearing the applicable designation under section 171.07,
subdivision 17; or
(b) The permanent physical disability
must be established by (2) medical evidence that establishes the
permanent physical disability, and is verified in writing by a licensed
physician, chiropractor, or certified nurse practitioner or certified physician
assistant acting under the direction of a licensed physician. The commissioner may request additional
information from the physician or chiropractor if needed to verify the
applicant's eligibility for the permit. Notwithstanding
section 97A.418, the commissioner may, in consultation with appropriate
advocacy groups, establish reasonable minimum standards for permits to be
issued under this section.
(c) In addition to providing the
medical evidence of a permanent disability under paragraph (b), the
applicant must possess a valid disability parking certificate authorized by
section 169.345 or license plates issued under section 168.021.
(c) (d) A person issued a
special permit under this subdivision and hunting deer may take a deer of
either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This
subdivision does not authorize another member of a party to take an antlerless
deer under section 97B.301, subdivision 3.
(d) (e) A permit issued
under this subdivision is valid for five years.
(e) (f) The commissioner may
deny, modify, suspend, or revoke a permit issued under this section for cause,
including a violation of the game and fish laws or rules.
(f) (g) A person who
knowingly makes a false application or assists another in making a false
application for a permit under this section is guilty of a misdemeanor. A physician, certified nurse practitioner,
certified physician assistant, or chiropractor who fraudulently certifies to
the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.
(g) (h) Notwithstanding paragraph
(d) (e), the commissioner may issue a permit valid for the entire
life of the applicant if the commissioner determines that there is no chance
that an applicant will become ineligible for a permit under this section and
the applicant requests a lifetime permit.
Sec. 31. Minnesota Statutes 2012, section 97B.081, subdivision 3, is amended to read:
Subd. 3. Exceptions. (a) It is not a violation of this section for a person to:
(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;
(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial light, provided that the person is:
(i) on foot;
(ii) using a shotgun;
(iii) not within a public road right-of-way;
(iv) using a handheld or electronic calling device; and
(v) not within 200 feet of a motor vehicle; or
(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game animals, provided that the person is:
(i) on foot; and
(ii) not in possession of a firearm or bow.
(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, headlight, or other artificial light to:
(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or occupation-related activities that do not involve taking wild animals; or
(2) carry out outdoor recreation as defined in section 97B.001 that is not related to spotting, locating, or taking a wild animal.
(c) Except as otherwise provided by the
game and fish laws, it is not a violation of this section for a person to use
an electronic range finder device from one-half hour before sunrise until
one-half hour after sunset while lawfully hunting wild animals.
Sec. 32. Minnesota Statutes 2012, section 97B.086, is amended to read:
97B.086
POSSESSION OF NIGHT VISION OR THERMAL IMAGING EQUIPMENT.
(a) A person may not possess night vision or thermal imaging equipment while taking wild animals or while having in possession, either individually or as one of a group of persons, a firearm, bow, or other implement that could be used to take wild animals.
(b) This section does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of the firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This section does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm or bow must be placed in the rearmost location of the vehicle.
(e) This section does not apply to night vision or thermal imaging equipment possessed by peace officers or military personnel while exercising their duties.
Sec. 33. Minnesota Statutes 2012, section 97B.095, is amended to read:
97B.095
DISTURBING AND TAKING FROM BURROWS AND DENS.
Subdivision 1. Disturbing burrows or dens. A person may not disturb the burrow or den of a wild animal between November 1 and April 1 without a permit.
Subd. 2. Fox
dens. A person may not remove
a fox from a den or trap fox within 300 feet of a fox den from April 1 to
August 31.
Subd. 3. Raccoon
dens. A person may not take a
raccoon in a den or hollow tree.
Sec. 34. [97B.099]
PROHIBITED HUNTING METHODS.
Subdivision 1. Open
fire or smoke. A person may
not take a protected wild animal with the aid of an open fire or smoke.
Subd. 2. Cutting
trees. A person may not take
a protected wild animal by cutting down a tree occupied by a protected wild
animal.
Sec. 35. Minnesota Statutes 2012, section 97B.106, subdivision 1, is amended to read:
Subdivision 1. Qualifications
for crossbow permits. (a) The
commissioner may issue a special permit, without a fee, to take big game, small
game, or rough fish with a crossbow to a person that is who provides
satisfactory evidence of being unable to hunt or take rough fish by archery
because of a permanent or temporary physical disability. A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws,
releases, or holds the bow at full draw as provided in section 97B.035,
subdivision 1, paragraph (a).
(b) To qualify for a crossbow permit under this section, a temporary disability must render the person unable to hunt or fish by archery for a minimum of two years after application for the permit is made.
(c)
The following serve as satisfactory evidence to obtain a special permit under
this subdivision:
(1) a driver's license or Minnesota
identification card bearing the applicable designation under section 171.07,
subdivision 17; or
The permanent or temporary disability
must be established by (2) medical evidence, and that
establishes the inability to hunt or fish by archery for the required
period of time must be, indicates whether the disability is
permanent, and is verified in writing by (1) (i) a licensed
physician or a certified nurse practitioner or certified physician assistant
acting under the direction of a licensed physician; or (2) (ii) a
licensed chiropractor.
(d) A person who has received a special permit under this section because of a permanent disability is eligible for subsequent special permits without providing medical evidence and verification of the disability.
(c) (e) The person must obtain
the appropriate license.
Sec. 36. Minnesota Statutes 2012, section 97B.111, subdivision 1, is amended to read:
Subdivision 1. Establishment;
requirements. (a) The
commissioner may establish criteria, special seasons, and limits for persons
who have a physical disability to take big game and small game with firearms
and by archery in designated areas. A
person hunting under this section who has a physical disability must:
(1) have:
(i) a verified statement of the disability by a licensed physician; or
(ii) a driver's license or Minnesota
identification card bearing the applicable designation under section 171.07,
subdivision 17; and must
(2) be participating in a program for physically disabled hunters sponsored by a nonprofit organization that is permitted under subdivision 2.
(b) Notwithstanding section 97B.055, subdivision 3, the commissioner may authorize hunt participants to shoot from a stationary motor vehicle. A license is not required for a person to assist a physically disabled person hunting during a special season under this section.
Sec. 37. [97B.329]
DEER CONTEST IN CONJUNCTION WITH RAFFLE.
An organization that is licensed by the
Gambling Control Board to conduct raffles may conduct a raffle in conjunction
with a contest for deer that are legally taken and tagged under the game and
fish laws and rules adopted thereunder. The
organization may sell a combined ticket for a single price for the deer contest
and raffle, provided that the combined ticket states in at least eight-point
type the amount of the price that applies to the deer contest and the amount
that applies to the raffle. All other
provisions of sections 349.11 to 349.23 apply to the raffle.
Sec. 38. Minnesota Statutes 2012, section 97B.516, is amended to read:
97B.516
ELK MANAGEMENT PLAN.
The commissioner of natural resources must adopt an elk management plan that:
(1) recognizes the value and uniqueness of elk;
(2)
provides for integrated management of an elk population in harmony with the
environment; and
(3) affords optimum recreational
opportunities; and.
(4) restricts elk to nonagricultural
land in the state.
Sec. 39. Minnesota Statutes 2012, section 97B.605, is amended to read:
97B.605
COMMISSIONER MAY RESTRICT TAKING OF CERTAIN SMALL GAME ANIMALS.
The commissioner may by rule set open
seasons for, prescribe limits and restrictions on, and
designate areas where gray and fox squirrels, cottontail and jack rabbits,
snowshoe hare, raccoon, bobcat, red fox and gray fox, fisher, pine marten,
opossum, wolves, and badger small game as defined in section 97A.015
may be taken and possessed.
Sec. 40. Minnesota Statutes 2012, section 97B.655, subdivision 1, is amended to read:
Subdivision 1. Owners and occupants may take certain animals. A person may take mink, squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or occupied by the person where the animal is causing damage. The person may take the animal without a license and in any manner except by poison, or artificial lights in the closed season. Raccoons may be taken under this subdivision with artificial lights during open season. A person that kills mink, raccoon, bobcat, fox, opossum, muskrat, or beaver under this subdivision must notify a conservation officer or employee of the Fish and Wildlife Division within 24 hours after the animal is killed.
Sec. 41. Minnesota Statutes 2012, section 97B.667, subdivision 3, is amended to read:
Subd. 3. Permits and notice; requirements. (a) Before killing or arranging to kill a beaver under this section, the road authority or local government unit must contact a conservation officer for a special beaver permit. The conservation officer must issue the permit for any beaver subject to this section.
(b) A road authority or local government unit that kills or arranges to have killed a beaver under this section must notify a conservation officer or employee of the Fish and Wildlife Division within ten days after the animal is killed.
Sec. 42. Minnesota Statutes 2012, section 97B.667, subdivision 4, is amended to read:
Subd. 4. Local beaver control programs. A road authority or local government unit may, after consultation with the Fish and Wildlife Division, implement a local beaver control program designed to reduce the number of incidents of beaver:
(1) interfering with or damaging a public road; or
(2) causing damage, including damage to silvicultural projects and drainage ditches, on property owned or managed by the local government unit.
The local control program may include the offering of a bounty for the lawful taking of beaver.
Sec. 43. [97B.668]
CANADA GEESE CAUSING DAMAGE.
Notwithstanding sections 97B.091 and
97B.805, subdivisions 1 and 2, a person or agent of that person on lands and
nonpublic waters owned or operated by the person may nonlethally scare, haze,
chase, or harass Canada geese that are causing property damage from March 11 to
August 31. This section does not apply
to public waters as defined under section 103G.005, subdivision 15, or geese on
nests unless a permit is obtained under section 97A.401.
Sec. 44. Minnesota Statutes 2012, section 97B.731, subdivision 1, is amended to read:
Subdivision 1. Migratory game birds. (a) Migratory game birds may be taken and possessed. A person may not take, buy, sell, possess, transport, or ship migratory game birds in violation of federal law.
(b) The commissioner shall prescribe
seasons and, limits, and areas for migratory birds in
accordance with federal law.
Sec. 45. [97C.502]
MINNOWS AND LEECHES; INVASIVE SPECIES TRAINING REQUIRED.
Subdivision 1. Minnows;
invasive species training required. A
minnow dealer, and each person working under the minnow dealer's license, must
annually satisfactorily complete aquatic invasive species-related training
provided by the commissioner before taking, selling, or transporting minnows
within the state.
Subd. 2. Training
certification required. Minnow
dealers, and each person working under the minnow dealer's license, must have a
valid invasive species training certification in possession while taking,
selling, or transporting minnows within the state. A person who only sells minnows for the
licensed minnow dealer at a retail location is not required to have a training
certification.
Subd. 3. Leeches;
invasive species training required. A
resident under age 18 must annually satisfactorily complete aquatic invasive
species-related training provided by the commissioner before taking, selling,
or transporting leeches within the state.
A resident under age 18 must have a valid invasive species training
certification in possession while taking, selling, or transporting leeches
within the state.
EFFECTIVE
DATE. This section is
effective March 1, 2015.
Sec. 46. Minnesota Statutes 2012, section 97C.821, is amended to read:
97C.821
POSSESSION, SALE, AND TRANSPORTATION OF COMMERCIAL FISH.
Subdivision 1. Transporting and holding commercial fish. Subject to the applicable provisions of the game and fish laws, fish taken under commercial fishing licenses may be possessed in any quantity, bought, sold, and transported at any time. Commercial fishing licensees may transport their catch live to holding facilities, if the licensee has exclusive control of the facilities. Licensees must annually provide the legal description and verification of exclusive control on forms provided by the commissioner with the license application. Commercial fishing licensees may harvest fish from their holding facilities at any time with their licensed gear. The commissioner may prohibit the transport of live fish taken under a commercial fishing license from waters that contain nonnative species, are designated as infested waters, or are infected with any certifiable disease.
Subd. 2. Invasive
species permit certification. (a)
A commercial fishing licensee, and each apprentice working under the licensee's
commercial fishing license, must annually complete invasive species training
provided by the commissioner and pass an examination to qualify to take, sell,
or transport commercial fish within the state.
(b) A commercial fishing licensee, and
each apprentice working under the licensee's commercial fishing license, must
have a valid invasive species training certification in possession while
taking, selling, or transporting commercial fish within the state.
EFFECTIVE
DATE. This section is
effective March 1, 2015.
Sec. 47. Minnesota Statutes 2012, section 171.07, subdivision 15, is amended to read:
Subd. 15. Veteran
designation. (a) At the request of the
an eligible applicant and on payment of the required fee, the department
shall issue, renew, or reissue to the applicant a driver's license or
Minnesota identification card bearing the a designation of:
(1) "Veteran," to
an applicant who is a veteran, as defined in section 197.447. or
(2) "Veteran 100% T&P."
(b) At the time of the initial application
for the designation provided under this subdivision, the applicant must:
(1) be a veteran, as defined in section
197.447;
(2) have a certified copy of the
veteran's discharge papers; and
(3) if the applicant is seeking the disability designation under paragraph (a), clause (2), provide satisfactory evidence of a 100 percent total and permanent service-connected disability as determined by the United States Department of Veterans Affairs.
(c) The commissioner of public safety is required to issue drivers' licenses and Minnesota identification cards with the veteran designation only after entering a new contract or in coordination with producing a new card design with modifications made as required by law.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to applications
submitted on or after January 1, 2016, or the date the new driver and vehicle
services information technology system is implemented, whichever comes later.
Sec. 48. Minnesota Statutes 2012, section 171.07, is amended by adding a subdivision to read:
Subd. 17. Disability
designation. (a) At the
request of an applicant with permanent eligibility for a disability designation
and on payment of the required fee, the department shall issue, renew, or
reissue to the applicant a driver's license or Minnesota identification card
bearing a physical disability designation based on the following medical
conditions:
(1) type 1, to an applicant who
permanently meets the requirements for a free license to take fish under
section 97A.441, subdivision 1, paragraph (a);
(2)
type 2, to an applicant who meets the requirements for medical evidence under
section 97B.031, subdivision 5, paragraph (c), clause (2), and has a
permanent visual impairment;
(3)
type 3, to an applicant who meets the requirements for medical evidence under
section 97B.055, subdivision 3, paragraph (b), clause (2);
(4)
type 4, to an applicant who meets the requirements for medical evidence under
section 97B.106, subdivision 1, paragraph (c), clause (2), and has a
permanent disability; or
(5) type 5, to an applicant who
permanently meets the requirements for disability under section 97B.111,
subdivision 1, paragraph (a), clause (1), item (i).
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to applications
submitted on or after January 1, 2016, or the date the new driver and vehicle
services information technology system is implemented, whichever comes later.
Sec. 49. Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended by Laws 2009, chapter 37, article 1, section 61, is amended to read:
|
Subd. 7. Fish
and Wildlife Management |
|
123,000 |
119,000 |
|
Appropriations by Fund |
||
|
|
||
|
General |
-0- |
(427,000) |
|
Game and Fish |
123,000 |
546,000 |
$329,000 in 2009 is a reduction for fish and wildlife management.
$46,000 in 2009 is a reduction in the appropriation for the Minnesota Shooting Sports Education Center.
$52,000 in 2009 is a reduction for licensing.
$123,000 in 2008 and $246,000 in 2009 are from the game and fish fund to implement fish virus surveillance, prepare infrastructure to handle possible outbreaks, and implement control procedures for highest risk waters and fish production operations. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
297A.94, paragraph (e), $300,000 in 2009 is from the second year appropriation
in Laws 2007, chapter 57, article 1, section 4, subdivision 7, from the
heritage enhancement account in the game and fish fund to study, complete
predesign, and design a of shooting sports facility in
the seven-county metropolitan area facilities. Funding may also be used to establish
basic hunter education/firearms safety ranges and archery ranges on public
properties. This is available
onetime only and is available until expended.
$300,000 in 2009 is appropriated from the game and fish fund for only activities that improve, enhance, or protect fish and wildlife resources. This is a onetime appropriation.
Sec. 50. QUAIL
RECOVERY PLAN; REPORT.
The commissioner of natural resources,
in consultation with interested parties, must develop a detailed plan to
recover the historical native population of quail in Minnesota for its
ecological, recreational, and economic benefits to the citizens of the state. No later than January 15, 2015, the
commissioner must report on the plan's progress to the legislative committees
with jurisdiction over environment and natural resources policy and finance.
Sec. 51. HYBRID
AND NARROW-LEAVED CATTAIL CONTROL; LORING PARK LAKE.
The commissioner of natural resources
shall issue a general aquatic plant management permit to the Minneapolis Park
and Recreation Board for Loring Park Lake in Hennepin County for mechanical
removal or chemical control of all hybrid and narrow-leaved cattails. The Minneapolis Park and Recreation Board
shall properly remove all cattail debris and restore the shoreline with native
vegetation in a timely fashion. The
commissioner shall issue the permit authorized under this section within 30
days of the effective date of this act.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 52. REFUNDS;
LIFETIME LICENSES.
On or after the effective date of
sections 21 to 24, the commissioner of natural resources may issue refunds for
the difference of the price of lifetime licenses purchased between March 1,
2013, and the effective date of sections 21 to 24.
Sec. 53. GRAY
PARTRIDGE BAG LIMIT; RULEMAKING.
(a) The commissioner of natural
resources shall amend Minnesota Rules, part 6234.0500, by adding a new subpart
to read: "A person may not take
more than five gray partridge per day or possess more than ten gray partridge at
a time."
(b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply except as provided in Minnesota Statutes, section 14.388.
Sec. 54. RULEMAKING;
SNOWMOBILE OPERATION DURING FIREARMS DEER SEASON.
(a) The commissioner of natural
resources shall amend Minnesota Rules, part 6232.0300, subpart 7, item C, by:
(1) adding a new subitem (3) to read: "(3) a licensed deer hunter may operate
a snowmobile on state and grant-in-aid trails during the deer season"; and
(2) deleting "Legal use of
snowmobiles during the open deer season is governed by part 6100.5100."
(b)
The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
Sec. 55. RULEMAKING;
USE OF RABBITS AND HARES TO TRAIN DOGS.
(a) The commissioner of natural
resources shall amend Minnesota Rules, part 6234.0600, to add the following
language: "A person may use dogs to
pursue rabbits and hares without killing or capturing the rabbits and hares at
any time during the year except from April 16 to July 14 or under permit."
(b)
The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
Sec. 56. REVISOR'S
INSTRUCTION.
The revisor of statutes shall delete
the range reference "84A.01 to 84A.11" and insert "84A.01 to
84A.101" wherever it appears in Minnesota Statutes.
Sec. 57. REPEALER.
Minnesota Statutes 2012, sections
84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445,
subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621,
subdivisions 1 and 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision
2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; and 97C.827, and
Minnesota Rules, part 6100.5100, are repealed."
Delete the title and insert:
"A bill for an act relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying license provisions and fees; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; modifying disability-related angling and hunting licenses and special permit provisions; providing for designations on driver's license and Minnesota identification card; updating and eliminating certain obsolete language; modifying prior appropriations; requiring issuance of general permit; requiring report; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.944, subdivision 2; 84A.10; 84A.50; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.434, subdivision 1; 97A.441, subdivisions 1, 5; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502; 97B.031, subdivision 5; 97B.055, subdivision 3; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.106, subdivision 1; 97B.111, subdivision 1; 97B.516; 97B.605; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; 171.07, subdivision 15, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 97A.441, subdivisions 6, 6a; 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing coding for new law in Minnesota Statutes, chapters 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100."
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Liebling from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 2878, A bill for an act relating to health; modifying the cancer surveillance system; amending Minnesota Statutes 2012, section 144.671.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2926, A bill for an act relating to labor; creating the Public Employment Relations Board; authorizing rulemaking; amending Minnesota Statutes 2012, sections 179A.03, by adding a subdivision; 179A.04, subdivision 3; 179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; proposing coding for new law in Minnesota Statutes, chapter 179A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 179A.03, is amended by adding a subdivision to read:
Subd. 2a. Board. "Board" means the Public
Employment Relations Board under section 179A.041.
Sec. 2. Minnesota Statutes 2012, section 179A.04, subdivision 3, is amended to read:
Subd. 3. Other duties. (a) The commissioner shall:
(1) provide mediation services as requested by the parties until the parties reach agreement, and may continue to assist parties after they have submitted their final positions for interest arbitration;
(2) issue notices, subpoenas, and orders required by law to carry out duties under sections 179A.01 to 179A.25;
(3) assist the parties in formulating petitions, notices, and other papers required to be filed with the commissioner or the board;
(4) conduct elections;
(5) certify the final results of any election or other voting procedure conducted under sections 179A.01 to 179A.25;
(6) adopt rules relating to the administration of this chapter and the conduct of hearings and elections;
(7) receive, catalogue, file, and make available to the public all decisions of arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration decisions to the extent the decision is public under section 13.43, subdivision 2, paragraph (b), and the commissioner's orders and decisions;
(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of section 179A.20, subdivision 4, that is available to any employee in a unit not covered by a contractual grievance procedure;
(9) maintain a schedule of state employee classifications or positions assigned to each unit established in section 179A.10, subdivision 2;
(10) collect fees established by rule for empanelment of persons on the labor arbitrator roster maintained by the commissioner or in conjunction with fair share fee challenges. Arbitrator application fees will be $100 per year for initial applications and renewals effective July 1, 2007;
(11) provide technical support and assistance to voluntary joint labor-management committees established for the purpose of improving relationships between exclusive representatives and employers, at the discretion of the commissioner;
(12) provide to the parties a list of arbitrators as required by section 179A.16, subdivision 4; and
(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive representatives for the resolution of grievance or interest disputes. Each person on the list must be knowledgeable about collective bargaining and labor relations in the public sector, well versed in state and federal labor law, and experienced in and knowledgeable about labor arbitration. To the extent practicable, the commissioner shall appoint members to the list so that the list is gender and racially diverse.
(b) From the names provided by representative organizations, the commissioner shall maintain a list of arbitrators to conduct teacher discharge or termination hearings according to section 122A.40 or 122A.41. The persons on the list must meet at least one of the following requirements:
(1) be a former or retired judge;
(2) be a qualified arbitrator on the list maintained by the bureau;
(3) be a present, former, or retired administrative law judge; or
(4) be a neutral individual who is learned in the law and admitted to practice in Minnesota, who is qualified by experience to conduct these hearings, and who is without bias to either party.
Each year, education Minnesota shall provide a list of up to 14 names and the Minnesota School Boards Association a list of up to 14 names of persons to be on the list. The commissioner may adopt rules about maintaining and updating the list.
Sec. 3. [179A.041]
PUBLIC EMPLOYMENT RELATIONS BOARD; POWER, AUTHORITY, AND DUTIES.
Subdivision 1. Membership. The Public Employment Relations Board
is established with three members. One
member shall be an officer or employee of an exclusive representative of public
employees and shall be appointed by the governor; one shall be representative
of public employers and shall be appointed by the governor; and one shall be
representative of the public at large and shall be appointed by the other two
members. Public employers and employee
organizations representing public employees may submit for consideration names
of persons representing their interests.
The board shall select one of its members to serve as chair for a term
beginning July 1 of each year.
Subd. 2. Terms;
compensation. The membership
terms, compensation, removal of members, and filling of vacancies shall be as
provided in section 15.0575.
Subd. 3. Rules;
meetings. The board shall
adopt rules governing its procedure and shall hold meetings as prescribed in
those rules. The chair shall preside at
meetings of the board.
Subd. 4. Appeals. In addition to the other powers and
duties given it by law, the board shall hear and decide appeals from:
(1) recommended decisions and orders
relating to an unfair labor practice under section 179A.13; and
(2) determinations of the commissioner
under section 179A.12, subdivision 11.
Subd. 5. Rulemaking. The board shall adopt rules under
chapter 14 governing the presentation of issues and the taking of appeals under
subdivision 4. All issues and appeals
presented to the board shall be determined upon the record of hearing, except
that the board may request additional evidence when necessary or helpful.
EFFECTIVE
DATE. This section is
effective July 1, 2014. The board shall
be established and prepared to hear and decide rules under Minnesota Statutes,
section 179A.041, subdivision 4, by July 1, 2015.
Sec. 4. Minnesota Statutes 2012, section 179A.051, is amended to read:
179A.051
APPEALS OF COMMISSIONER'S DECISIONS.
(a) Decisions of the commissioner relating to supervisory, confidential, essential, and professional employees, appropriateness of a unit, or fair share fee challenges may be reviewed on certiorari by the Court of Appeals. A petition for a writ of certiorari must be filed and served on the other party or parties and the commissioner within 30 days from the date of the mailing of the commissioner's decision. The petition must be served on the other party or parties at the party's or parties' last known address.
(b)
Decisions of the commissioner relating to unfair labor practices under section
179A.12, subdivision 11, may be appealed to the board if the appeal is filed
with the board and served on all other parties no later than 30 days after
service of the commissioner's decision.
Sec. 5. [179A.052]
APPEALS OF BOARD'S DECISIONS.
Decisions of the board relating to
unfair labor practices under section 179A.12, subdivision 11, or 179A.13
including dismissal of unfair labor practice charges, may be reviewed on certiorari
by the Court of Appeals. A petition for
a writ of certiorari must be filed and served on the other party or parties and
the board within 30 days from the date of the mailing of the board's decision. The petition must be served on the other party
or parties at the party's or parties' last known address.
Sec. 6. Minnesota Statutes 2012, section 179A.06, is amended by adding a subdivision to read:
Subd. 7. Concerted
activity. Public employees
have the right to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
Sec. 7. Minnesota Statutes 2012, section 179A.10, subdivision 1, is amended to read:
Subdivision 1. Exclusions. The commissioner of management and budget shall meet and negotiate with the exclusive representative of each of the units specified in this section, except as provided in section 43A.06, subdivision 1, paragraph (c). The units provided in this section are the only appropriate units for executive branch state employees. The following employees shall be excluded from any appropriate unit:
(1) the positions and classes of positions in the classified and unclassified services defined as managerial by the commissioner of management and budget in accordance with section 43A.18, subdivision 3, and so designated in the official state compensation schedules;
(2) unclassified positions in the Minnesota State Colleges and Universities defined as managerial by the Board of Trustees;
(3) positions of physician employees compensated under section 43A.17, subdivision 4;
(4) positions of all unclassified employees appointed by a constitutional officer;
(5) positions in the Bureau of Mediation Services and the Public Employment Relations Board;
(6) positions of employees whose classification is pilot or chief pilot;
(7) administrative law judge and compensation judge positions in the Office of Administrative Hearings; and
(8) positions of all confidential employees.
The governor may upon the unanimous written request of exclusive representatives of units and the commissioner direct that negotiations be conducted for one or more units in a common proceeding or that supplemental negotiations be conducted for portions of a unit or units defined on the basis of appointing authority or geography.
Sec. 8. Minnesota Statutes 2012, section 179A.13, is amended to read:
179A.13
UNFAIR LABOR PRACTICES.
Subdivision 1. Actions. (a) The practices specified in
this section are unfair labor practices.
Any employee, employer, employee or employer organization, exclusive
representative, or any other person or organization aggrieved by an unfair
labor practice as defined in this section may bring an action for injunctive
relief and for damages caused by the unfair labor practice in the district
court of the county in which the practice is alleged to have occurred. A copy of any complaint alleging an unfair
labor practice must be filed with the commissioner at the time it is brought in
district court. The party bringing an
unfair labor practice action in district court shall also transmit to the
commissioner any orders or judgments of the court within ten days of the order
or judgment file an unfair labor practice charge with the board.
(b) Whenever it is charged that any
party has engaged in or is engaging in any unfair labor practice, an
investigator designated by the board shall promptly conduct an investigation of
the charge. If after the investigation
the board finds that the charge involves a material issue of law or fact, the
board shall promptly issue a complaint and cause to be served upon the party a
complaint stating the charges, accompanied by a notice of hearing before a
qualified hearing officer designated by the board at the offices of the bureau
or other location as the board deems appropriate, not less than five days nor
more than 20 days after serving the complaint, provided that no complaint shall
be issued based upon any unfair labor practice occurring more than six months
prior to the filing of a charge. A
complaint issued under this subdivision may be amended by the board at any time
prior to the issuance of an order based thereon. The party who is the subject of the complaint
has the right to file an answer to the original or amended complaint prior to
hearing and to appear in person or by a representative and give testimony at
the place and time fixed in the complaint.
In the discretion of the hearing officer conducting the hearing or the
board, any other party may be allowed to intervene in the proceeding and to present
testimony. The board or designated
hearing officers shall not be bound by the rules of evidence applicable to
courts, except as to the rules of privilege recognized by law.
(c) Designated investigators must
conduct the investigation of charges.
(d) Hearing officers must be licensed
to practice law in the state of Minnesota and must conduct the hearings and
issue recommended decisions and orders.
(e) The board or its designees shall
have the power to issue subpoenas and administer oaths. If any party willfully fails or neglects to
appear or testify or to produce books, papers, and records pursuant to the
issuance of a subpoena, the board may apply to a court of competent
jurisdiction to request that the party be ordered to appear to testify or produce
the requested evidence.
(f) A full and complete record shall be
kept of all proceedings before the board or designated hearing officer and
shall be transcribed by a reporter appointed by the board.
(g) The party on whom the burden of
proof rests shall be required to sustain the burden by a preponderance of the
evidence.
(h) At any time prior to the close of a
hearing, the parties may by mutual agreement request referral to mediation, at
which time the commissioner shall appoint a mediator, and the hearing shall be
suspended pending the results of the mediation.
(i) If, upon a preponderance of the
evidence taken, the hearing officer determines that any party named in the
charge has engaged in or is engaging in an unfair labor practice, then a recommended
decision and order shall be issued stating findings of fact and conclusions,
and requiring the party to cease and desist from the unfair labor
practice,
to post a cease-and-desist notice in the workplace, and to take action to
effectuate the policies of this section, including reinstatement of public
employees with back pay and compensatory damages up to three times the amount
of actual damages. If back pay is
awarded, the award must include interest at the rate of seven percent per annum. The order further may require the party to
make reports from time to time, and demonstrate the extent to which the party
has complied with the order.
(j) If there is no preponderance of
evidence that the party named in the charge has engaged in or is engaging in
the unfair labor practice, then the hearing officer shall issue a recommended
decision and order stating findings of fact and dismissing the complaint.
(k) Parties may file exceptions to the hearing officer's recommended decision and order with the board no later than 30 days after service of the recommended decision and order. The board shall review the recommended decision and order upon timely filing of exceptions or upon its own motion. If no timely exceptions have been filed, the parties must be deemed to have waived their exceptions. Unless the board reviews the recommended decision and order upon its own motion, it must not be legal precedent and must be final and binding only on the parties to the proceeding as issued in an order issued by the board. If the board does review the recommended decision and order, the board may adopt all, part, or none of the recommended decision and order, depending on the extent to which it is consistent with the record and applicable laws. The board shall issue and serve on all parties its decision and order. The board shall retain jurisdiction over the case to ensure the parties' compliance with the board's order. Unless overturned by the board, the parties must comply with the recommended decision and order.
(l) Until the record has been filed in
the court of appeals or district court, the board at any time, upon reasonable
notice and in a manner it deems appropriate, may modify or set aside, in whole
or in part, any finding or order made or issued by it.
(m) Upon a final order that an unfair
labor practice has been committed, the board or the charging party may petition
the district court for the enforcement of the order and for appropriate
temporary relief or restraining order. When
the board petitions the court, the charging party may intervene as a matter of
right.
(n) Whenever it appears that any party
has violated a final order of the board issued pursuant to this section, the
board must petition the district court for an order directing the party, its
officers, agents, servants, successors, and assigns to comply with the order of
the board. The board shall be
represented in this action by its general counsel, who has been appointed by
the board. The court may grant or
refuse, in whole or in part, the relief sought, provided that the court also
may stay an order of the board pending disposition of the proceedings. The court may punish a violation of its order
as in civil contempt.
(o) The board shall have power, upon
issuance of an unfair labor practice complaint alleging that a party has
engaged in or is engaging in an unfair labor practice, to petition the district
court for appropriate temporary relief or restraining order. Upon the filing of any such petition, the
court shall cause notice thereof to be served upon such parties, and thereupon
shall have jurisdiction to grant to the board or commissioner temporary relief
or a restraining order as it deems appropriate.
Nothing in this paragraph precludes a charging party from seeking
injunctive relief in district court after filing the unfair labor practice
charge.
(p) The proceedings in paragraphs (m),
(n), and (o) shall be commenced in the district court for the county in which
the unfair labor practice which is the subject of the order or administrative
complaint was committed, or where a party alleged to have committed the unfair
labor practice resides or transacts business.
(q) The board shall not defer to any
grievance and arbitration procedure or other legal process in investigating or
deciding any unfair labor practice case, charge, or claim.
Subd. 2. Employers. Public employers, their agents and representatives are prohibited from:
(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed in sections 179A.01 to 179A.25;
(2) dominating or interfering with the formation, existence, or administration of any employee organization or contributing other support to it;
(3) discriminating in regard to hire or tenure to encourage or discourage membership in an employee organization;
(4) discharging or otherwise discriminating against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under sections 179A.01 to 179A.25;
(5) refusing to meet and negotiate in good faith with the exclusive representative of its employees in an appropriate unit;
(6) refusing to comply with grievance procedures contained in an agreement;
(7) distributing or circulating a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing blacklisted individuals from obtaining or retaining employment;
(8) violating rules established by the commissioner regulating the conduct of representation elections;
(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;
(10) violating or refusing to comply with any lawful order or decision issued by the commissioner or the board;
(11) refusing to provide, upon the request of the exclusive representative, all information pertaining to the public employer's budget both present and proposed, revenues, and other financing information provided that in the executive branch of state government this clause may not be considered contrary to the budgetary requirements of sections 16A.10 and 16A.11; or
(12) granting or offering to grant the status of permanent replacement employee to a person for performing bargaining unit work for the employer during a lockout of employees in an employee organization or during a strike authorized by an employee organization that is an exclusive representative.
Subd. 3. Employees. Employee organizations, their agents or representatives, and public employees are prohibited from:
(1) restraining or coercing employees in the exercise of rights provided in sections 179A.01 to 179A.25;
(2) restraining or coercing a public employer in the election of representatives to be employed to meet and negotiate or to adjust grievances;
(3) refusing to meet and negotiate in good faith with a public employer, if the employee organization is the exclusive representative of employees in an appropriate unit;
(4) violating rules established by the commissioner regulating the conduct of representation elections;
(5) refusing to comply with a valid decision of an arbitration panel or arbitrator;
(6) calling, instituting, maintaining, or conducting a strike or boycott against any public employer on account of any jurisdictional controversy;
(7) coercing or restraining any person with the effect to:
(i) force or require any public employer to cease dealing or doing business with any other person;
(ii) force or require a public employer to recognize for representation purposes an employee organization not certified by the commissioner;
(iii) refuse to handle goods or perform services; or
(iv) prevent an employee from providing services to the employer;
(8) committing any act designed to damage or actually damaging physical property or endangering the safety of persons while engaging in a strike;
(9) forcing or requiring any employer to assign particular work to employees in a particular employee organization or in a particular trade, craft, or class rather than to employees in another employee organization or in another trade, craft, or class;
(10) causing or attempting to cause a public employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed;
(11) engaging in an unlawful strike;
(12) picketing which has an unlawful purpose such as secondary boycott;
(13) picketing which unreasonably interferes with the ingress and egress to facilities of the public employer;
(14) seizing or occupying or destroying property of the employer;
(15) violating or refusing to comply with any lawful order or decision issued by the commissioner or the board.
Sec. 9. APPROPRIATION.
$125,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of the Bureau of Mediation Services for purposes of the Public Employment Relations Board under Minnesota Statutes, section 179A.041. This appropriation is added to the base."
Delete the title and insert:
"A bill for an act relating to labor; creating the Public Employment Relations Board; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 179A.03, by adding a subdivision; 179A.04, subdivision 3; 179A.051; 179A.06, by adding a subdivision; 179A.10, subdivision 1; 179A.13; proposing coding for new law in Minnesota Statutes, chapter 179A."
With the recommendation that when so amended the bill be re-referred to the Committee on Labor, Workplace and Regulated Industries.
The
report was adopted.
Liebling from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 2932, A bill for an act relating to human services; establishing a Minnesota TANF Expenditures Task Force.
Reported the same back with the following amendments:
Page 1, after line 17, insert:
"(3) one representative of the
Department of Health appointed by the commissioner of health;
(4) one representative of the Local Public Health Association of Minnesota;"
Page 1, line 18, delete "(3)" and insert "(5)"
Page 1, line 21, delete "(4)" and insert "(6)"
Page 1, line 22, delete "(5)" and insert "(7)"
Page 1, line 23, delete "(6)" and insert "(8)"
Page 1, line 24, delete "(7)" and insert "(9)"
Page 2, line 1, delete "(8)" and insert "(10)"
Page 2, line 3, delete "(9)" and insert "(11)"
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Paymar from the Committee on Public Safety Finance and Policy to which was referred:
H. F. No. 3017, A bill for an act relating to public safety; amending and repealing outdated and redundant statutes; amending Minnesota Statutes 2012, sections 13.823; 15.0591, subdivision 2; 299C.05; 299C.111; 403.025, subdivision 7; 403.05, subdivision 1; 403.08, subdivision 10; 518B.01, subdivision 21; 611A.0311, subdivision 2; 611A.37, subdivision 5; 611A.76; 629.342, subdivision 2; Minnesota Statutes 2013 Supplement, sections 13.82, subdivision 5; 403.11, subdivision 1; 611A.02, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter 611A; repealing Minnesota Statutes 2012, sections 237.83, subdivision 4; 299A.63; 299C.01, subdivision 1; 299C.04; 299C.145, subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31; 299C.32; 299C.33; 299C.34; 299C.49; 299F.01, subdivision 1; 299F.04, subdivision 3a; 299F.37; 403.02, subdivision 15; 611A.02, subdivision 1; 611A.0311, subdivision 3; 611A.21; 611A.22; 611A.221; 611A.41; 611A.43; 611A.78.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
SECOND
READING OF HOUSE BILLS
H. F. Nos. 367, 1931, 1944,
1979, 2092, 2141, 2177, 2219, 2282, 2385, 2391, 2392, 2425 and 2694 were read
for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Pugh; Benson, M.; Drazkowski; Runbeck and Newberger introduced:
H. F. No. 3085, A resolution opposing Environmental Protection Agency regulations that would expand federal jurisdiction over waters and lands without Congressional approval.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Marquart; Lien; Zerwas; Savick; Erickson, R.; Radinovich; Sawatzky and McNamar introduced:
H. F. No. 3086, A bill for an act relating to taxation; property; permanently increasing the agricultural market value homestead credit; providing for supplemental credit payments for taxes payable in 2014; appropriating money; amending Minnesota Statutes 2012, section 273.1384, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Faust and Sawatzky introduced:
H. F. No. 3087, A bill for an act relating to human services; modifying senior nutrition programs; appropriating money for congregate dining; amending Minnesota Statutes 2012, section 256.9752, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Radinovich introduced:
H. F. No. 3088, A bill for an act relating to education; establishing an environmental education advancement program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.
The bill was read for the first time and referred to the Committee on Education Policy.
Atkins introduced:
H. F. No. 3089, A bill for an act relating to commerce; regulating the sale of certain products containing triclosan; establishing labeling requirements; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
McNamara introduced:
H. F. No. 3090, A bill for an act relating to public safety; motor vehicles; providing a weight limit exception for portable toilet service vehicles; amending Minnesota Statutes 2012, section 169.87, subdivision 6.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Schoen, Hansen and Isaacson introduced:
H. F. No. 3091, A bill for an act relating to public safety; establishing a grant program to fund emergency radio console upgrades for emergency responders; appropriating money.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Scott, Gruenhagen and Lohmer introduced:
H. F. No. 3092, A bill for an act relating to the Metropolitan Council; prohibiting the use of eminent domain; amending Minnesota Statutes 2012, sections 473.129, subdivision 7; 473.405, subdivision 5; 473.411, subdivisions 3, 4; 473.504, subdivision 9; 473.516, subdivision 1; repealing Minnesota Statutes 2012, section 473.405, subdivisions 3, 9.
The bill was read for the first time and referred to the Committee on Government Operations.
Faust introduced:
H. F. No. 3093, A bill for an act relating to education; removing redundant, obsolete, and superseded provisions; making miscellaneous corrections to statutes; amending Minnesota Statutes 2012, sections 120A.22, subdivision 2; 120A.32; 121A.36; 122A.09, subdivision 7; 124D.141, subdivisions 2, 3; 127A.41, subdivision 7; repealing Minnesota Statutes 2012, sections 119A.04, subdivision 3; 119A.08; 120A.30; 120B.19; 120B.24; 121A.17, subdivision 9; 122A.52; 122A.53; 122A.61, subdivision 2; 122A.71; 124D.24; 124D.25; 124D.26; 124D.27; 124D.28; 124D.29; 124D.30; 124D.31.
The bill was read for the first time and referred to the Committee on Education Policy.
Franson, McDonald, Nornes, Anzelc, Dill and Metsa introduced:
H. F. No. 3094, A bill for an act relating to environment; nullifying United States Environmental Protection Agency regulations; proposing coding for new law in Minnesota Statutes, chapter 116.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Moran; Lesch; Johnson, S., and Abeler introduced:
H. F. No. 3095, A bill for an act relating to health; appropriating money for Open Cities Health Center expansion.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Davids, Pelowski and Drazkowski introduced:
H. F. No. 3096, A bill for an act relating to taxation; income; requiring update of a study; requiring the commissioner of revenue to initiate negotiations for a reciprocity agreement; amending Laws 2011, First Special Session chapter 7, article 1, sections 9; 11; 12.
The bill was read for the first time and referred to the Committee on Taxes.
Atkins introduced:
H. F. No. 3097, A bill for an act relating to capital investment; appropriating money for higher education asset preservation and replacement (HEAPR) at Inver Hills Community College; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Schomacker, Hamilton and Torkelson introduced:
H. F. No. 3098, A bill for an act relating to capital investment; appropriating money for water and sewer line replacement in the city of Currie; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.
Falk, Davids and Davnie introduced:
H. F. No. 3099, A bill for an act relating to taxation; property; modifying the definition of real property; amending Minnesota Statutes 2012, section 272.03, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Beard, Melin and Hausman introduced:
H. F. No. 3100, A bill for an act relating to crime prevention; requiring the commissioner of public safety to appoint railroad peace officers; providing for licensing and compensation of railroad peace officers; addressing civil liability issues; requiring rulemaking; amending Minnesota Statutes 2012, section 626.05, subdivision 2; Minnesota Statutes 2013 Supplement, section 626.84, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 219.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Sundin; Fischer; Rosenthal; Laine; Sanders; Masin; Erickson, R.; Hoppe; Clark; Allen; Metsa; Moran; Hamilton and Newberger introduced:
H. F. No. 3101, A bill for an act relating to motor vehicles; establishing Minnesota Professional Golfers' Association Foundation special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Dorholt, Lien, Radinovich and Ward, J.E., introduced:
H. F. No. 3102, A bill for an act relating to economic development; appropriating money to the Initiative Foundation.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Johnson, C., introduced:
H. F. No. 3103, A bill for an act relating to crime; limiting and clarifying the voluntary relationship defense in criminal sexual conduct cases; amending Minnesota Statutes 2012, sections 609.341, subdivision 6; 609.345, subdivision 1; 609.349.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
McNamar, Schomacker and Fritz introduced:
H. F. No. 3104, A bill for an act relating to human services; health; economic development; providing for long-term care workforce needs; requiring studies; appropriating money; amending Minnesota Statutes 2012, sections 144.1501, subdivision 3; 256B.431, subdivision 36; 256B.441, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 256B.441, subdivisions 13, 53.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Simon and Lohmer introduced:
H. F. No. 3105, A bill for an act relating to civil actions; providing a right to punitive damages in certain cases; clarifying a definition of government for purposes of certain types of civil actions; amending Minnesota Statutes 2012, sections 554.01, subdivision 2; 604A.34.
The bill was read for the first time and referred to the Committee on Civil Law.
Barrett, Leidiger, O'Neill and Drazkowski introduced:
H. F. No. 3106, A bill for an act relating to state government; reducing the number of members of the legislature; amending Minnesota Statutes 2012, sections 2.021; 2.031, subdivision 1.
The bill was read for the first time and referred to the Committee on Government Operations.
Atkins introduced:
H. F. No. 3107, A bill for an act relating to liquor; allowing sale of growlers by off-sale and on-sale licensees.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Howe, Newberger and Kresha introduced:
H. F. No. 3108, A bill for an act relating to transportation; requiring a transfer from the general fund for highway purposes; appropriating money.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Sawatzky introduced:
H. F. No. 3109, A bill for an act relating to natural resources; appropriating money for aquatic invasive species activities at Green Lake.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Hortman introduced:
H. F. No. 3110, A bill for an act relating to energy; utilities; modifying residential customer protections pertaining to medically necessary equipment; amending Minnesota Statutes 2012, section 216B.098, subdivision 5.
The bill was read for the first time and referred to the Committee on Energy Policy.
Anzelc introduced:
H. F. No. 3111, A bill for an act relating to public safety; State Fire Code; prohibiting sprinkler requirements in single-family dwellings; amending Minnesota Statutes 2012, section 299F.011, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Anzelc introduced:
H. F. No. 3112, A bill for an act relating to employment; vocational rehabilitation; modifying requirements for affirmative business enterprises; amending Minnesota Statutes 2012, section 268A.01, subdivision 14.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Lohmer; Johnson, B., and Dettmer introduced:
H. F. No. 3113, A bill for an act relating to taxation; income; providing a deduction for military compensation; amending Minnesota Statutes 2013 Supplement, sections 290.01, subdivision 19b; 290.091, subdivision 2.
The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.
Pugh introduced:
H. F. No. 3114, A bill for an act relating to parks and trails; appropriating money for The Commons in the city of Excelsior.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Melin, Dill and Murphy, M., introduced:
H. F. No. 3115, A bill for an act relating to elections; authorizing the Saint Louis County Board to change a certain Board of Commissioners 2014 election term to two years.
The bill was read for the first time and referred to the Committee on Elections.
Anzelc introduced:
H. F. No. 3116, A bill for an act relating to taxation; minerals; modifying the prior distribution of taconite production taxes; amending Laws 2008, chapter 366, article 10, section 15.
The bill was read for the first time and referred to the Committee on Taxes.
Radinovich introduced:
H. F. No. 3117, A bill for an act relating to game and fish; providing for trapping licenses without fee for disabled veterans; amending Minnesota Statutes 2012, section 97A.441, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Metsa introduced:
H. F. No. 3118, A bill for an act relating to retirement; Teachers Retirement Association and the individual retirement account plan; correcting a plan election provision; authorizing eligible Minnesota State Colleges and Universities system employees to elect Teachers Retirement Association coverage and to receive retroactive coverage.
The bill was read for the first time and referred to the Committee on Government Operations.
Lillie introduced:
H. F. No. 3119, A bill for an act relating to clean water; providing for loans to individuals for repair or replacement of subsurface sewage treatment systems; appropriating money.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Swedzinski introduced:
H. F. No. 3120, A bill for an act relating to capital investment; appropriating money for an industrial park in the city of Dawson; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Beard, Dill, Persell and Davids introduced:
H. F. No. 3121, A bill for an act relating to taxation; petroleum; dedicating revenues from the excise taxes on gasoline used as substitute for aviation gasoline to the state airports fund; amending Minnesota Statutes 2012, section 296A.09, by adding a subdivision; repealing Minnesota Statutes 2012, section 296A.18, subdivision 8.
The bill was read for the first time and referred to the Committee on Taxes.
Lenczewski introduced:
H. F. No. 3122, A bill for an act relating to taxation; providing tax relief; making changes to various income and franchise, estate and gift, sales and use, and miscellaneous tax provisions; appropriating money; amending Minnesota Statutes 2012, sections 116J.8737, subdivisions 5, 12; 272.03, subdivision 1; 289A.02, subdivision 7; 289A.18, subdivision 3; 290.01, subdivision 19a, by adding a subdivision; 290.067, subdivision 2a, by adding a subdivision; 290.0671, subdivision 1; 290.0674, subdivision 2; 291.03, by adding a subdivision; 297A.67, by adding a subdivision; 297A.68, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 289A.10, subdivision 1; 290.01, subdivisions 19, 19b, 31; 290A.03, subdivision 15; 291.005, subdivision 1; 291.03, subdivision 1; 297A.61, subdivision 3; 297A.68, subdivision 5; 297A.70, subdivisions 2, 13, 14; proposing coding for new law in Minnesota Statutes, chapters 291; 477A; repealing Minnesota Statutes 2012, sections 290.067, subdivisions 2, 2a, 2b; 291.03, subdivision 1b; Minnesota Statutes 2013 Supplement, sections 291.03, subdivision 1c; 292.16; 292.17; 292.18; 292.19; 292.20; 292.21; 297A.61, subdivision 57.
The bill was read for the first time and referred to the Committee on Taxes.
Paymar introduced:
H. F. No. 3123, A bill for an act relating to public safety; adjusting criminal sentences for certain controlled substance offenses; amending Minnesota Statutes 2012, sections 152.01, subdivision 16a; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 244.09, subdivisions 2, 3, 11; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Bly and Slocum introduced:
H. F. No. 3124, A bill for an act relating to education; removing area learning center assignment provision; amending Minnesota Statutes 2013 Supplement, section 120A.22, subdivision 5.
The bill was read for the first time and referred to the Committee on Education Policy.
Anderson, S., introduced:
H. F. No. 3125, A bill for an act relating to health; requiring the Office of Health Care Complaints to investigate complaints against a health maintenance organization; requiring a family member of the complainant to be interviewed; amending Minnesota Statutes 2012, section 144A.53, subdivision 3; Minnesota Statutes 2013 Supplement, section 144A.53, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Swedzinski introduced:
H. F. No. 3126, A bill for an act relating to public safety; creating an enhanced penalty for criminal vehicular homicide occurring within ten years of a qualified offense; amending Minnesota Statutes 2012, section 609.21, subdivisions 1a, 5, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Cornish, Petersburg, Poppe and Hamilton introduced:
H. F. No. 3127, A bill for an act relating to historic sites; appropriating money for Farm America.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Moran, Mariani and Selcer introduced:
H. F. No. 3128, A bill for an act relating to education; establishing programs to increase STEM competitiveness; appropriating money; amending Minnesota Statutes 2012, section 126C.10, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 122A.
The bill was read for the first time and referred to the Committee on Education Policy.
Howe introduced:
H. F. No. 3129, A bill for an act relating to public safety; modifying authority for the state fire code; modifying fire protection features; amending Minnesota Statutes 2012, sections 299F.011, by adding a subdivision; 326B.103, by adding a subdivision; 326B.106, subdivisions 1, 3, 4, by adding a subdivision; repealing Minnesota Statutes 2012, section 326B.02, subdivision 6.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Radinovich and Ward, J.E., introduced:
H. F. No. 3130, A bill for an act relating to higher education; appropriating money for capital improvements to the Aquatic Invasive Species Research Center at the University of Minnesota; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Carlson; Winkler; Marquart; Mullery; Mariani; Metsa; Radinovich; Lien; Savick; Ward, J.E.; Kahn; Persell; Abeler; Selcer; Hornstein; Hilstrom; Dorholt; Huntley; Isaacson; Paymar; Newton and Clark introduced:
H. F. No. 3131, A bill for an act relating to early learning; expanding the availability of early learning scholarships; funding home health visit programs; providing assistance to child care providers to participate in the quality rating system; creating an early childhood scholarship pilot program; appropriating money; amending Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 3, by adding a subdivision; Laws 2013, chapter 116, article 8, section 5, subdivision 8.
The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.
Radinovich introduced:
H. F. No. 3132, A bill for an act relating to capital investment; appropriating money for a park and campground; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Hornstein introduced:
H. F. No. 3133, A bill for an act relating to transportation; railroads; providing for railroad, truck, and grade crossing safety pertaining to the transport of oil and other hazardous materials; specifying powers and duties; establishing a grant program; requiring a study and report; appropriating money; amending Minnesota Statutes 2012, section 219.015, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Hornstein introduced:
H. F.
No. 3134, A bill for an act relating to transportation; public safety;
providing for railroad and pipeline safety and emergency response preparedness
for oil and other hazardous materials; specifying powers and duties;
establishing a grant program; appropriating money; requiring legislative
report; amending Minnesota Statutes 2012, sections 115E.08, by adding a
subdivision; 299F.012; proposing coding for new law in Minnesota Statutes,
chapter 299F.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Hornstein introduced:
H. F. No. 3135, A bill for an act relating to transportation; public safety; environment; providing for railroad and pipeline hazardous materials safety and emergency response preparedness; establishing requirements related to preparedness; amending Minnesota Statutes 2012, sections 115E.01, by adding subdivisions; 115E.08, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 115E.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Mullery introduced:
H. F. No. 3136, A bill for an act relating to metropolitan government; requiring the Metropolitan Council to include the Penn Avenue North bus rapid transit corridor in the transit capital improvement program.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Benson, M.; Beard; Gruenhagen and Kieffer introduced:
H. F. No. 3137, A bill for an act relating to court surcharges; removing surcharge on vehicle parking violations; amending Minnesota Statutes 2012, section 357.021, subdivisions 6, 7.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Policy.
Melin and Lesch introduced:
H. F. No. 3138, A bill for an act relating to public safety; lowering the penalty for the performance of acts prohibited by statutes for which no penalty is specified; applying this change only prospectively to newly enacted or amended statutes; amending Minnesota Statutes 2012, section 645.241.
The bill was read for the first time and referred to the Committee on Civil Law.
Marquart introduced:
H. F. No. 3139, A bill for an act relating to education finance; authorizing the voluntary realignment of the school district boundaries for Independent School District Nos. 152, Moorhead, and 2164, Dilworth-Glyndon-Felton.
The bill was read for the first time and referred to the Committee on Education Policy.
Clark, Laine, Isaacson, Mullery, Davnie and Dehn, R., introduced:
H. F. No. 3140, A bill for an act relating to commerce; providing consumer protection; requiring disclosure of genetically engineered food and seed; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Johnson, S., introduced:
H. F. No. 3141, A bill for an act relating to public safety; extending employment protections to certain probation officers; amending Minnesota Statutes 2012, section 244.19, subdivision 1.
The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.
Faust, Davnie and Nelson introduced:
H. F. No. 3142, A bill for an act relating to taxation; homestead credit refunds and renter property tax refunds; increasing the amount paid for refunds based on taxes payable in 2014 and rent paid in 2013 only; appropriating money.
The bill was read for the first time and referred to the Committee on Taxes.
Ward, J.E.; Radinovich; Norton; Gruenhagen; Sawatzky; Metsa; Anzelc; Melin; Marquart; Lien; Faust; McNamar and Fritz introduced:
H. F. No. 3143, A bill for an act relating to workforce development; establishing a new employee training partnership; providing rebates for employer training costs; requiring a report; appropriating money.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Pelowski, Lien, Dorholt, Rosenthal and Poppe introduced:
H. F. No. 3144, A bill for an act relating to higher education; appropriating money to the Board of Trustees of the Minnesota State Colleges and Universities for compensation costs associated with the settlement of employment contracts.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Laine introduced:
H. F. No. 3145, A bill for an act relating to local government; permitting local governments to donate certain surplus equipment to nonprofit organizations; proposing coding for new law in Minnesota Statutes, chapter 471.
The bill was read for the first time and referred to the Committee on Government Operations.
Clark introduced:
H. F. No. 3146, A bill for an act relating to economic development; providing for trade, export, and cultural exchanges; modifying an appropriation; amending Laws 2013, chapter 85, article 1, section 3, subdivision 5.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Huntley introduced:
H. F. No. 3147, A bill for an act relating to human services; modifying audit requirements for managed care plans and county-based purchasing plans under the prepaid medical assistance program; amending Minnesota Statutes 2012, section 256B.69, subdivision 9d.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Johnson, B., introduced:
H. F. No. 3148, A bill for an act relating to capital investment; appropriating money for a new public library in the city of Cambridge; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Dehn, R.; Hornstein; Erhardt and Clark introduced:
H. F. No. 3149, A bill for an act relating to transportation; providing for mileage-based user fee pilot program; appropriating money.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Newton introduced:
H. F. No. 3150, A bill for an act relating to education; modifying special education caseload provisions; proposing coding for new law in Minnesota Statutes, chapter 125A.
The bill was read for the first time and referred to the Committee on Education Policy.
Bly introduced:
H. F. No. 3151, A bill for an act relating to transportation; mass transit; modifying the Metropolitan Council's prohibited activities with respect to the Dan Patch commuter rail line; prohibiting certain regional rail authorities from spending money to study or plan the Dan Patch commuter rail line; amending Laws 2002, chapter 393, section 85.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Anderson, S., introduced:
H. F. No. 3152, A bill for an act relating to transportation; highways; establishing requirements governing marked Interstate Highway 494 rehabilitation work; allocating rental motor vehicle tax revenue; appropriating money; amending Minnesota Statutes 2012, section 297A.94.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Anderson, S., introduced:
H. F. No. 3153, A bill for an act relating to commerce; repealing prohibition on municipality issuing more than one off-sale license to any one person or place; repealing Minnesota Statutes 2012, section 340A.412, subdivision 3.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Radinovich introduced:
H. F. No. 3154, A bill for an act relating to taxation; sales and use; motor vehicles; allowing an exemption for purchases by a municipal airport; amending Minnesota Statutes 2012, section 297B.03; Minnesota Statutes 2013 Supplement, section 297A.70, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Kahn and Murphy, M., introduced:
H. F. No. 3155, A bill for an act relating to retirement; authorizing volunteer firefighter relief associations to pay Minnesota State Fire Chiefs Association dues from their special funds; amending Minnesota Statutes 2012, section 424A.05, subdivision 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Petersburg; Hamilton; Poppe; Johnson, C.; Kresha; Anderson, P.; Cornish; Davids and Urdahl introduced:
H. F. No. 3156, A bill for an act relating to taxation; sales and use; clarifying exemption on nonprofit tickets or admissions; amending Minnesota Statutes 2012, section 297A.70, subdivision 10.
The bill was read for the first time and referred to the Committee on Taxes.
Abeler introduced:
H. F. No. 3157, A bill for an act relating to transportation; capital investment; appropriating money for the R.A.T.E. project in Anoka County; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Wagenius introduced:
H. F. No. 3158, A bill for an act relating to solid waste; appropriating money for grant program to local units of government to increase composting.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Benson, M.; Drazkowski and Sanders introduced:
H. F. No. 3159, A bill for an act relating to building codes; modifying water conditioning installation requirements; amending Minnesota Statutes 2012, section 326B.50, subdivision 3.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Woodard, Albright, Beard and Hamilton introduced:
H. F. No. 3160, A bill for an act relating to metropolitan government; requiring at least one member of the Metropolitan Council to have an agriculture industry background; amending Minnesota Statutes 2012, section 473.123, subdivision 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Anderson, M., and Green introduced:
H. F. No. 3161, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited lands that border public water.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Metsa and Dill introduced:
H. F. No. 3162, A bill for an act relating to transportation; capital investment; appropriating money for marked Trunk Highway 53 relocation project; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Metsa and Dill introduced:
H. F. No. 3163, A bill for an act relating to transportation; capital investments; appropriating money for certain trunk highway projects of regional significance; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Davnie and Hornstein introduced:
H. F. No. 3164, A bill for an act relating to transportation; motor vehicles; providing for registration of towed recreational vehicles on a three-year cycle; amending Minnesota Statutes 2012, section 168.013, subdivision 1g.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Torkelson and Schomacker introduced:
H. F. No. 3165, A bill for an act relating to capital improvements; appropriating money for flood hazard mitigation in Area II of the Minnesota River Basin; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Torkelson introduced:
H. F. No. 3166, A bill for an act relating to capital investment; appropriating money for renovation and relocation of the Milford Town Hall; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.
Lenczewski introduced:
H. F. No. 3167, A bill for an act relating to state financial management; modifying priorities for additional revenues; providing for contingent transfers to the budget reserve; amending Minnesota Statutes 2012, section 16A.152, subdivisions 1a, 2, by adding a subdivision; repealing Minnesota Statutes 2012, section 16A.152, subdivision 1b.
The bill was read for the first time and referred to the Committee on Taxes.
Mariani; Brynaert; Slocum; Bly; Davnie; Simonson; Johnson, C.; Fischer; Hornstein; Liebling; Freiberg; Murphy, M.; Allen; Loeffler; Huntley; Lesch; Dehn, R.; Kahn; Newton; Winkler; Laine; Wagenius; Mahoney; Johnson, S.; Paymar; Lillie; Norton and Hansen introduced:
H. F. No. 3168, A bill for an act relating to education; providing for programs to promote healthy relationships and sexual development; appropriating money; amending Minnesota Statutes 2012, section 121A.23.
The bill was read for the first time and referred to the Committee on Education Policy.
Metsa introduced:
H. F. No. 3169, A bill for an act relating to state government; modifying a proposed constitutional amendment to stop lawmakers from raising their own pay; amending Laws 2013, chapter 124, section 2.
The bill was read for the first time and referred to the Committee on Government Operations.
Lenczewski introduced:
H. F. No. 3170, A bill for an act relating to state government; establishing a policy for the general fund budget reserve level; increasing the budget reserve; authorizing a transfer of funds; amending Minnesota Statutes 2012, section 16A.152, subdivisions 1b, 2, 8.
The bill was read for the first time and referred to the Committee on Ways and Means.
Marquart introduced:
H. F. No. 3171, A bill for an act relating to education; providing funding and policy modifications for early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, special education, nutrition, and self-sufficiency and lifelong learning; making forecast adjustments; appropriating money; amending Minnesota Statutes 2012, sections 122A.415, subdivision 1; 123A.05, subdivision 2; 124D.09, subdivision 13; 124D.111, by adding a subdivision; 124D.522; 124D.531, subdivision 3; 125A.76, subdivision 2; 126C.10, subdivisions 25, 26; Minnesota Statutes 2013 Supplement, sections 124D.11, subdivision 1; 124D.111, subdivision 1; 124D.531, subdivision 1; 124D.862, subdivisions 1, 2; 125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c; 125A.79, subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2a, 24, 31; 126C.17, subdivisions 6, 7b, 9, 9a; 126C.44; 127A.47, subdivision 7; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, 3, 4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 20; article 4, section 9, subdivision 2; article 5, section 31, subdivisions 2, 3, 4; article 6, section 12, subdivisions 2, 3, 4, 6; article 7, section 21, subdivisions 2, 3, 4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4, 10, 11, 14; article 9, section 2.
The bill was read for the first time and referred to the Committee on Education Finance.
Carlson introduced:
H. F. No. 3172, A bill for an act relating to state government; making supplemental appropriations for higher education, economic development, transportation, public safety, corrections, state government, health and human services, and early childhood, kindergarten through grade 12, and adult education; modifying certain statutory provisions and laws; providing for certain programs; regulating the carrying of pistols in the capitol area; making forecast adjustments; setting and modifying fees; providing for rate increases; regulating certain accounts; providing for conformity with federal law; authorizing the issuance of state bonds; appropriating money; amending Minnesota Statutes 2012, sections 13.46, subdivision 4; 122A.415, subdivision 1; 123A.05, subdivision 2; 124D.09, subdivision 13; 124D.111, by adding a subdivision; 124D.522; 124D.531, subdivision 3; 125A.76, subdivision 2; 126C.10, subdivisions 25, 26; 165.15, subdivision 2; 171.02, subdivision 3; 171.06, subdivision 2; 174.02, by adding a subdivision; 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, subdivision 5; 245C.10, by adding a subdivision; 245C.33, subdivisions 1, 4; 252.451, subdivision 2; 254B.12; 256.01, by adding a subdivision; 256.9685, subdivisions 1, 1a; 256.9686, subdivision 2; 256.969, subdivisions 1, 2, 2b, 2c, 3a, 3b, 6a, 9, 10, 14, 17, 30, by adding subdivisions; 256B.0625, subdivision 30; 256B.199; 256B.5012, by adding a subdivision; 256I.05, subdivision 2; 257.85, subdivision 11; 260C.212, subdivision 1; 260C.515, subdivision 4; 260C.611; 268.057, subdivision 5; 268.18, subdivision 2b; 473.39, by adding a subdivision; 609.66, subdivision 1g; Minnesota Statutes 2013 Supplement, sections 124D.11, subdivision 1; 124D.111, subdivision 1; 124D.531, subdivision 1; 124D.862, subdivisions 1, 2; 125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c; 125A.79, subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2a, 24, 31; 126C.17, subdivisions 6, 7b, 9, 9a; 126C.44; 127A.47, subdivision 7; 174.12, subdivision 2; 245.8251; 245A.042, subdivision 3; 245C.08, subdivision 1; 245D.02, subdivisions 3, 4b, 8b, 11, 15b, 29, 34, 34a, by adding a subdivision; 245D.03, subdivisions 1, 2, 3, by adding a subdivision; 245D.04, subdivision 3; 245D.05, subdivisions 1, 1a, 1b, 2, 4, 5; 245D.051; 245D.06, subdivisions 2, 4, 6, 7, 8; 245D.071, subdivisions 3, 4, 5; 245D.081, subdivision 2; 245D.09, subdivisions 3, 4a; 245D.091, subdivisions 2, 3, 4; 245D.10, subdivision 3; 245D.11, subdivision 2; 256B.04, subdivision 21; 256B.055, subdivision 1; 256B.439, subdivisions 1, 7; 256B.4912, subdivision 1; 256B.85, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 23, 24, by adding subdivisions; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by adding a subdivision; 256N.22, subdivisions 1, 2, 4, 6; 256N.23, subdivisions 1, 4; 256N.24, subdivisions 9, 10; 256N.25, subdivisions 2, 3; 256N.26, subdivision 1; 256N.27, subdivision 4; Laws 2009, chapter 83, article 1, section 10, subdivision 7; Laws 2010, chapter 189, section 15, subdivision 12; Laws 2012, chapter 287, article 2, section 1; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 1, section 6, as amended; Laws 2013, chapter 85, article 1, section 3, subdivision 2; Laws 2013, chapter 99, article 1, section 4, subdivision 3; article 3, section 3; Laws 2013, chapter 108, article 7, section 49; article 14, sections 2, subdivisions
5, 6; 3, subdivisions 1, 4; 12; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, 3, 4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 20; article 4, section 9, subdivision 2; article 5, section 31, subdivisions 2, 3, 4; article 6, section 12, subdivisions 2, 3, 4, 6; article 7, section 21, subdivisions 2, 3, 4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4, 10, 11, 14; article 9, section 2; Laws 2013, chapter 117, article 1, sections 3, subdivisions 2, 3, 6; 4; proposing coding for new law in Minnesota Statutes, chapters 144A; 171; repealing Minnesota Statutes 2012, sections 245.825, subdivisions 1, 1b; 256.969, subdivisions 8b, 9a, 9b, 11, 13, 20, 21, 22, 25, 26, 27, 28; 256.9695, subdivisions 3, 4; Minnesota Statutes 2013 Supplement, sections 245D.02, subdivisions 2b, 2c, 3b, 5a, 8a, 15a, 15b, 23b, 28, 29, 34a; 245D.06, subdivisions 5, 6, 7, 8; 245D.061, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9; 256N.26, subdivision 7; Minnesota Rules, parts 4830.7500, subpart 2a; 9525.2700; 9525.2810.
The bill was read for the first time and referred to the Committee on Ways and Means.
MOTIONS AND RESOLUTIONS
Halverson moved that the name of Pugh be
added as an author on H. F. No. 262. The motion prevailed.
Paymar moved that his name be stricken as
an author on H. F. No. 276.
The motion prevailed.
Schoen moved that the name of Sawatzky be
added as an author on H. F. No. 435. The motion prevailed.
Halverson moved that the name of Newton be
added as an author on H. F. No. 637. The motion prevailed.
Simon moved that the name of Mullery be
added as an author on H. F. No. 859. The motion prevailed.
Simon moved that the name of McNamar be
added as an author on H. F. No. 1083. The motion prevailed.
Abeler moved that the name of McNamar be
added as an author on H. F. No. 1245. The motion prevailed.
Lesch moved that the name of Hansen be
added as an author on H. F. No. 1370. The motion prevailed.
Faust moved that his name be stricken as
an author on H. F. No. 1818.
The motion prevailed.
Davnie moved that the name of Loeffler be
added as an author on H. F. No. 1826. The motion prevailed.
Scott moved that her name be stricken as
an author on H. F. No. 1845.
The motion prevailed.
Kieffer moved that the name of Ward, J.E.,
be added as an author on H. F. No. 1851. The motion prevailed.
Kresha moved that his name be stricken as
an author on H. F. No. 1880.
The motion prevailed.
Newton moved that the names of McNamar,
Schomacker, Schoen and Freiberg be added as authors on
H. F. No. 1925. The
motion prevailed.
Hansen moved that the name of Marquart be
added as an author on H. F. No. 1926. The motion prevailed.
Hansen moved that the name of Halverson be
added as an author on H. F. No. 1983. The motion prevailed.
Dettmer moved that his name be stricken as
an author on H. F. No. 2117.
The motion prevailed.
Barrett moved that the name of Fritz
be added as an author on H. F. No. 2178. The motion prevailed.
Murphy, E., moved that the name of
Lenczewski be added as an author on H. F. No. 2180. The motion prevailed.
Selcer moved that the name of Mullery be
added as an author on H. F. No. 2243. The motion prevailed.
Winkler moved that the name of Pugh be
added as an author on H. F. No. 2281. The motion prevailed.
Morgan moved that the name of Mullery be
added as an author on H. F. No. 2291. The motion prevailed.
Atkins moved that the name of McNamar be
added as an author on H. F. No. 2293. The motion prevailed.
Melin moved that the name of Mullery be
added as an author on H. F. No. 2300. The motion prevailed.
Fabian moved that the name of Abeler be
added as an author on H. F. No. 2314. The motion prevailed.
Moran moved that the names of McNamar and
Mullery be added as authors on H. F. No. 2364. The motion prevailed.
Metsa moved that the names of Hornstein
and Johnson, S., be added as authors on H. F. No. 2460. The motion prevailed.
Lesch moved that the name of Mullery be
added as an author on H. F. No. 2461. The motion prevailed.
Runbeck moved that the name of Hansen be
added as an author on H. F. No. 2529. The motion prevailed.
Melin moved that the name of Mullery be
added as an author on H. F. No. 2536. The motion prevailed.
Poppe moved that the name of Newton be
added as an author on H. F. No. 2538. The motion prevailed.
Sawatzky moved that the name of Johnson,
C., be added as an author on H. F. No. 2568. The motion prevailed.
Sawatzky moved that the name of Freiberg
be added as an author on H. F. No. 2569. The motion prevailed.
Hansen moved that the name of Fritz be
added as an author on H. F. No. 2571. The motion prevailed.
Slocum moved that the name of Erickson,
S., be added as an author on H. F. No. 2575. The motion prevailed.
Radinovich moved that the name of Yarusso
be added as an author on H. F. No. 2587. The motion prevailed.
Simonson moved that the name of Gruenhagen
be added as an author on H. F. No. 2615. The motion prevailed.
Hansen moved that the name of Marquart be
added as an author on H. F. No. 2628. The motion prevailed.
Slocum moved that the names of Davids and
Hortman be added as authors on H. F. No. 2659. The motion prevailed.
Hortman moved that the name of Pugh be
added as an author on H. F. No. 2660. The motion prevailed.
Simonson moved that the name of Loeffler
be added as an author on H. F. No. 2689. The motion prevailed.
Brynaert moved that the name of
Johnson, C., be added as an author on H. F. No. 2696. The motion prevailed.
Lohmer moved that the name of Dettmer be
added as an author on H. F. No. 2737. The motion prevailed.
Liebling moved that the name of Moran be
added as an author on H. F. No. 2749. The motion prevailed.
Hansen moved that the names of Bly and
Lillie be added as authors on H. F. No. 2780. The motion prevailed.
Dean, M., moved that the names of
Newberger, Garofalo and Holberg be added as authors on
H. F. No. 2800. The
motion prevailed.
Lohmer moved that the name of Dettmer be
added as an author on H. F. No. 2821. The motion prevailed.
Laine moved that the name of Kahn be added
as an author on H. F. No. 2833.
The motion prevailed.
Lenczewski moved that the name of Marquart
be added as an author on H. F. No. 2855. The motion prevailed.
Lenczewski moved that the name of Pugh be
added as an author on H. F. No. 2873. The motion prevailed.
Hansen moved that the name of Clark be
added as an author on H. F. No. 2908. The motion prevailed.
Simonson moved that the name of Clark be
added as an author on H. F. No. 2910. The motion prevailed.
Liebling moved that the name of Clark be
added as an author on H. F. No. 2915. The motion prevailed.
Lesch moved that the name of Clark be
added as an author on H. F. No. 2925. The motion prevailed.
Holberg moved that the name of Gruenhagen
be added as an author on H. F. No. 2927. The motion prevailed.
Hansen moved that the names of Schoen,
Atkins and Clark be added as authors on H. F. No. 2929. The motion prevailed.
Howe moved that his name be stricken as an
author on H. F. No. 2978.
The motion prevailed.
Winkler moved that the names of Bly and
Simonson be added as authors on H. F. No. 3002. The motion prevailed.
Winkler moved that the name of Simonson be
added as an author on H. F. No. 3003. The motion prevailed.
Liebling moved that the name of Davids be
added as an author on H. F. No. 3035. The motion prevailed.
Allen moved that the name of Urdahl be
added as an author on H. F. No. 3043. The motion prevailed.
Mariani moved that the names of Laine,
Brynaert and Winkler be added as authors on H. F. No. 3062. The motion prevailed.
Clark moved that the name of Laine be
added as an author on H. F. No. 3081. The motion prevailed.
Winkler moved that
H. F. No. 2157 be recalled from the Committee on State
Government Finance and Veterans Affairs and be re-referred to the Committee on
Labor, Workplace and Regulated Industries.
The motion prevailed.
Fritz moved that
H. F. No. 2885 be recalled from the Committee on Health and
Human Services Policy and be re-referred to the Committee on Health and Human
Services Finance. The motion prevailed.
Hornstein moved that
H. F. No. 3134 be recalled from the Committee on Transportation
Policy and be re‑referred to the Committee on Public Safety Finance and
Policy. The motion prevailed.
ADJOURNMENT
Murphy, E., moved that when the House
adjourns today it adjourn until 12:00 noon, Wednesday, March 19, 2014. The motion prevailed.
Murphy, E., moved that the House
adjourn. The motion prevailed, and the
Speaker declared the House stands adjourned until 12:00 noon, Wednesday, March
19, 2014.
Albin
A. Mathiowetz, Chief
Clerk, House of Representatives