Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8075

 

STATE OF MINNESOTA

 

 

EIGHTY-NINTH SESSION - 2016

 

_____________________

 

NINETY-NINTH DAY

 

Saint Paul, Minnesota, Friday, May 13, 2016

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Joe Hoppe, Speaker pro tempore.

 

      Prayer was offered by Pastor Dan Carlson, Retired Police Chief of the Eden Prairie Police Department and Chaplain of the Minnesota Law Enforcement Memorial Association, Excelsior, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Anderson, M.; Loonan; Melin and Ward were excused.

 

      The colors were presented by officers from the Minnesota State Patrol in recognition of Police Week beginning on May 15, 2016 and Peace Officer’s Memorial Day on Sunday, May 15, 2016.


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

 

 

      The Speaker assumed the Chair.

 

 

REPORTS OF CHIEF CLERK

 

      S. F. No. 1474 and H. F. No. 1582, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Zerwas moved that S. F. No. 1474 be substituted for H. F. No. 1582 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2603 and H. F. No. 2742, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Daniels moved that S. F. No. 2603 be substituted for H. F. No. 2742 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3589 and H. F. No. 3959, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Smith moved that S. F. No. 3589 be substituted for H. F. No. 3959 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 3549, A bill for an act relating to elections; establishing a presidential primary; modifying provisions related to the precinct caucuses; making technical and conforming changes; amending Minnesota Statutes 2014, sections 201.091, subdivision 4; 202A.14, subdivision 1; 202A.18, subdivision 2a; 204B.14, subdivisions 2, 4; 204C.10; 204D.09, subdivision 1; Minnesota Statutes 2015 Supplement, section 204C.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 207A.

 

Reported the same back with the following amendments:

 

Page 8, line 5, delete everything after the period and insert "As part of the secretary of state's budget request for a biennium in which a presidential primary will occur, the secretary shall include an estimate of the total amount of local costs for conducting the presidential primary that are expected to be eligible for reimbursement under subdivision 2."

 

Page 8, delete lines 6 and 7


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Page 8, delete subdivision 2 and insert:

 

"Subd. 2.  Reimbursable expenses.  The following expenses are eligible for reimbursement:  preparation and printing of ballots; postage for absentee ballots; publication of the sample ballot; preparation of polling places; preparation of electronic voting systems; compensation for temporary staff or overtime payments; salaries of election judges; and compensation of county canvassing board members."

 

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 3549 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 1474, 2603 and 3589 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Isaacson; Mahoney; Hausman; Johnson, S.; Schoen; Ward; Yarusso; Moran; Pinto; Masin; Lillie; Lesch; Hansen; Davids and Dean, M., introduced:

 

H. F. No. 4007, A bill for an act relating to transportation; sales and use tax; amending allocation requirements for the metropolitan area transportation sales tax; amending Minnesota Statutes 2014, section 297A.992, subdivision 6.

 

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

 

 

Freiberg, Kahn, Halverson, Liebling, Simonson, Loeffler, Bernardy, Schultz, Considine and Murphy, E., introduced:

 

H. F. No. 4008, A bill for an act relating to health; prohibiting the use of tobacco, tobacco-related devices, and electronic cigarettes in sports stadiums; amending Minnesota Statutes 2014, sections 144.412; 144.413, by adding a subdivision; 144.417, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 144.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

 

Lesch; Dettmer; Howe; Johnson, B.; Newton and Persell introduced:

 

H. F. No. 4009, A resolution memorializing Congress to pass the National Guard 12304b Benefits Parity Act.

 

The bill was read for the first time and referred to the Veterans Affairs Division.


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Dean, M.; Runbeck and Hausman introduced:

 

H. F. No. 4010, A bill for an act relating to transportation; providing loan forgiveness for certain railroad bridge work.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

H. F. No. 1066, A bill for an act relating to telecommunications; providing for competitive market regulation for certain local exchange carriers; providing for informal review and resolution of disputes; prohibiting certain call routing practices; providing for registration of wholesale transport providers; amending Minnesota Statutes 2014, sections 237.01, by adding subdivisions; 237.121; 237.49; proposing coding for new law in Minnesota Statutes, chapter 237.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 3014, A bill for an act relating to motor vehicles; establishing regulations for autocycles; amending Minnesota Statutes 2014, sections 169.011, subdivision 44, by adding a subdivision; 169.686, subdivision 1; 169.974, subdivisions 2, 3, 4, 5; 171.01, by adding a subdivision; 171.02, subdivision 2.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 3175, A bill for an act relating to public safety; requiring criminal history background checks for driving instructor license applicants; amending Minnesota Statutes 2014, section 171.35.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

H. F. No. 3423, A bill for an act relating to public safety; providing for an advisory group on statewide criminal and juvenile justice information policy and funding issues; amending Minnesota Statutes 2014, section 299C.65.

 

JoAnne M. Zoff, Secretary of the Senate


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Mr. Speaker:

 

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

 

S. F. Nos. 2649, 2759, 2815, 3064 and 3208.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2649, A bill for an act relating to criminal justice; expanding the damage to energy transmission or telecommunications equipment crime; amending Minnesota Statutes 2014, section 609.593, subdivision 1.

 

The bill was read for the first time. 

 

Anderson, P., moved that S. F. No. 2649 and H. F. No. 3082, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2759, A bill for an act relating to game and fish; modifying penalties for gross overlimits; providing criminal penalties; amending Minnesota Statutes 2014, sections 97A.201, subdivision 2, by adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, subdivision 2a.

 

The bill was read for the first time. 

 

Hackbarth moved that S. F. No. 2759 and H. F. No. 2845, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2815, A bill for an act relating to corrections; authorizing Department of Corrections access to employment data for research of effectiveness of employment programming for offenders in the community; amending Minnesota Statutes 2014, section 268.19, subdivision 1.

 

The bill was read for the first time. 

 

Scott moved that S. F. No. 2815 and H. F. No. 3478, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 3064, A bill for an act relating to state government; prohibiting an agency from procuring goods or services from persons that fail to disclose as required by federal law information relating to conflict minerals originating in the Democratic Republic of the Congo or its neighboring countries; requiring an agency to provide notice of the prohibition in any solicitation for goods or services; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

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


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S. F. No. 3208, A bill for an act relating to human services; creating a legislative task force on child care; requiring a report to the legislature and the governor.

 

The bill was read for the first time. 

 

Franson moved that S. F. No. 3208 and H. F. No. 3436, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, May 16, 2016 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 1291, 1495, 2841, 2844, 3211 and 3333; and S. F. Nos. 498, 1440, 2713, 2802, 3018 and 3368.

 

 

      Peppin moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

      Garofalo was excused between the hours of 11:30 a.m. and 1:10 p.m.

 

 

      There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Peppin from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3549, A bill for an act relating to elections; establishing a presidential primary; modifying provisions related to the precinct caucuses; making technical and conforming changes; amending Minnesota Statutes 2014, sections 201.091, subdivision 4; 202A.14, subdivision 1; 202A.18, subdivision 2a; 204B.14, subdivisions 2, 4; 204C.10; 204D.09, subdivision 1; Minnesota Statutes 2015 Supplement, section 204C.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 207A.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


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SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 3549 was read for the second time.

 

 

The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 1036

 

A bill for an act relating to health care; modifying provisions related to physician assistants; amending Minnesota Statutes 2014, sections 147A.01, subdivisions 17a, 23; 147A.20, subdivisions 1, 2; repealing Minnesota Statutes 2014, section 147A.01, subdivision 5.

 

May 5, 2016

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

We, the undersigned conferees for H. F. No. 1036 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 1036 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2014, section 147A.01, subdivision 17a, is amended to read:

 

Subd. 17a.  Physician-physician assistant delegation agreement.  "Physician-physician assistant delegation agreement" means the document prepared and signed by the physician and physician assistant affirming the supervisory relationship and defining the physician assistant scope of practice.  Alternate supervising physicians must be identified on the delegation agreement or a supplemental listing with signed attestation that each shall accept full medical responsibility for the performance, practice, and activities of the physician assistant while under the supervision of the alternate supervising physician.  The physician-physician assistant delegation agreement outlines the role of the physician assistant in the practice, describes the means of supervision, and specifies the categories of drugs, controlled substances, and medical devices that the supervising physician delegates to the physician assistant to prescribe.  The physician-physician assistant delegation agreement must comply with the requirements of section 147A.20, be kept on file at the address of record, and be made available to the board or its representative upon request.

 

Sec. 2.  Minnesota Statutes 2014, section 147A.01, subdivision 23, is amended to read:

 

Subd. 23.  Supervising physician.  "Supervising physician" means a Minnesota licensed physician who accepts full medical responsibility for the performance, practice, and activities of a physician assistant under an agreement as described in section 147A.20.  The supervising physician who completes and signs the delegation agreement may be referred to as the primary supervising physician.  A supervising physician shall not supervise more than five full‑time equivalent physician assistants simultaneously.  With the approval of the board, or in a disaster or emergency situation pursuant to section 147A.23, a supervising physician may supervise more than five full-time equivalent physician assistants simultaneously.


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Sec. 3.  Minnesota Statutes 2014, section 147A.20, subdivision 1, is amended to read:

 

Subdivision 1.  Physician-physician assistant delegation agreement.  (a) A physician assistant and supervising physician must sign a physician-physician assistant delegation agreement which specifies scope of practice and manner of supervision as required by the board.  The agreement must contain:

 

(1) a description of the practice setting;

 

(2) a listing of categories of delegated duties;

 

(3) a description of supervision type; and

 

(4) a description of the process and schedule for review of prescribing, dispensing, and administering legend and controlled drugs and medical devices by the physician assistant authorized to prescribe.

 

(b) The agreement must be maintained by the supervising physician and physician assistant and made available to the board upon request.  If there is a delegation of prescribing, administering, and dispensing of legend drugs, controlled substances, and medical devices, the agreement shall include a description of the prescriptive authority delegated to the physician assistant.  Physician assistants shall have a separate agreement for each place of employment.  Agreements must be reviewed and updated on an annual basis.  The supervising physician and physician assistant must maintain the physician-physician assistant delegation agreement at the address of record.

 

(c) Physician assistants must provide written notification to the board within 30 days of the following:

 

(1) name change;

 

(2) address of record change; and

 

(3) telephone number of record change.

 

(d) Any alternate supervising physicians must be identified in the physician-physician assistant delegation agreement, or a supplemental listing, and must sign the agreement attesting that they shall provide the physician assistant with supervision in compliance with this chapter, the delegation agreement, and board rules.

 

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

 

Subd. 2.  Notification of intent to Practice location notification.  A licensed physician assistant shall submit a notification of intent to practice location notification to the board prior to beginning within 30 business days of starting practice, changing practice location, or changing supervising physician.  The notification shall include the name, business address, and telephone number of the supervising physician and the physician assistant.  Individuals who practice without submitting a notification of intent to practice location notification shall be subject to disciplinary action under section 147A.13 for practicing without a license, unless the care is provided in response to a disaster or emergency situation pursuant to section 147A.23.

 

Sec. 5.  Minnesota Statutes 2014, section 147D.05, subdivision 1, is amended to read:

 

Subdivision 1.  Practice standards.  (a) A licensed traditional midwife shall provide an initial and ongoing screening to ensure that each client receives safe and appropriate care.  A licensed traditional midwife shall only accept and provide care to those women who are expected to have a normal pregnancy, labor, and delivery.  As part of the initial screening to determine whether any contraindications are present, the licensed traditional midwife must take a detailed health history that includes the woman's social, medical, surgical, menstrual, gynecological,


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contraceptive, obstetrical, family, nutritional, and drug/chemical use histories.  If a licensed traditional midwife determines at any time during the course of the pregnancy that a woman's condition may preclude attendance by a traditional midwife, the licensed traditional midwife must refer the client to a licensed health care provider.  As part of the initial and ongoing screening, a licensed traditional midwife must provide or recommend that the client receive the following services, if indicated, from an appropriate health care provider:

 

(1) initial laboratory pregnancy screening, including blood group and type, antibody screen, Indirect Coombs, rubella titer, CBC with differential and syphilis serology;

 

(2) gonorrhea and chlamydia cultures;

 

(3) screening for sickle cell;

 

(4) screening for hepatitis B and human immunodeficiency virus (HIV);

 

(5) maternal serum alpha-fetoprotein test and ultrasound;

 

(6) Rh antibody and glucose screening at 28 weeks gestation;

 

(7) mandated newborn screening;

 

(8) Rh screening of the infant for maternal RhoGAM treatment; and

 

(9) screening for premature labor.

 

(b) A client must make arrangements to have the results of any of the tests described in paragraph (a) sent to the licensed traditional midwife providing services to the client.  The licensed traditional midwife must include these results in the client's record.

 

Sec. 6.  Minnesota Statutes 2014, section 147D.09, is amended to read:

 

147D.09 LIMITATIONS OF PRACTICE.

 

(a) A licensed traditional midwife shall not prescribe, dispense, or administer prescription drugs, except as permitted under paragraph (b).

 

(b) A licensed traditional midwife may administer vitamin K either orally or through intramuscular injection, maternal RhoGAM treatment, postpartum antihemorrhagic drugs under emergency situations, local anesthetic, oxygen, and a prophylactic eye agent to the newborn infant.

 

(c) A licensed traditional midwife shall not perform any operative or surgical procedures except for suture repair of first- or second-degree perineal lacerations.

 

Sec. 7.  Minnesota Statutes 2015 Supplement, section 147D.13, subdivision 2, is amended to read:

 

Subd. 2.  Practice report.  (a) A licensed traditional midwife must compile a summary report on each client.  The report must include the following:

 

(1) vital records;

 

(2) scope of care administered;


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(3) whether the medical consultation plan was implemented; and

 

(4) any physician or other health care provider referrals made.

 

(b) The board or advisory council may review these reports at any time upon request.

 

Sec. 8.  Minnesota Statutes 2014, section 147D.25, subdivision 1, is amended to read:

 

Subdivision 1.  Membership.  The board shall appoint a five-member Advisory Council on Licensed Traditional Midwifery.  One member shall be a licensed physician who has been or is currently consulting with licensed traditional midwives, appointed from a list of names submitted to the board by the Minnesota Medical Association.  One member shall be a licensed physician who has been or is currently consulting or collaborating with licensed traditional midwives appointed from a list of names submitted to the board by the Minnesota Council of Certified Professional Midwives or its successors.  Three members shall be licensed traditional midwives appointed from a list of names submitted to the board by Midwifery Now and the Minnesota Council of Certified Professional Midwives or their successors.  One member shall be a home birth parent of a child born under the care of a licensed traditional midwife appointed from a list of names submitted to the board by Minnesota Families for Midwifery, or its successor.

 

Sec. 9.  Minnesota Statutes 2014, section 148.271, is amended to read:

 

148.271 EXEMPTIONS.

 

The provisions of sections 148.171 to 148.285 shall not prohibit:

 

(1) The furnishing of nursing assistance in an emergency.

 

(2) The practice of advanced practice, professional, or practical nursing by any legally qualified advanced practice, registered, or licensed practical nurse of another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of official duties.

 

(3) The practice of any profession or occupation licensed by the state, other than advanced practice, professional, or practical nursing, by any person duly licensed to practice the profession or occupation, or the performance by a person of any acts properly coming within the scope of the profession, occupation, or license.

 

(4) The provision of a nursing or nursing-related service by an unlicensed assistive person who has been delegated or assigned the specific function and is supervised by a registered nurse or monitored by a licensed practical nurse.

 

(5) The care of the sick with or without compensation when done in a nursing home covered by the provisions of section 144A.09, subdivision 1.

 

(6) Professional nursing practice or advanced practice registered nursing practice by a registered nurse or practical nursing practice by a licensed practical nurse licensed in another state or territory who is in Minnesota as a student enrolled in a formal, structured course of study, such as a course leading to a higher degree, certification in a nursing specialty, or to enhance skills in a clinical field, while the student is practicing in the course.

 

(7) Professional or practical nursing practice by a student practicing under the supervision of an instructor while the student is enrolled in a nursing program approved by the board under section 148.251.


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(8) Advanced practice registered nursing as defined in section 148.171, subdivisions 5, 10, 11, 13, and 21, by a registered nurse who is licensed and currently registered in Minnesota or another United States jurisdiction and who is enrolled as a student in a formal graduate education program leading to eligibility for certification and licensure as an advanced practice registered nurse.

 

(9) Professional nursing practice or advanced practice registered nursing practice by a registered nurse or advanced practice registered nurse licensed in another state, territory, or jurisdiction who is in Minnesota temporarily:

 

(i) providing continuing or in-service education;

 

(ii) serving as a guest lecturer;

 

(iii) presenting at a conference; or

 

(iv) teaching didactic content via distance education to a student located in Minnesota who is enrolled in a formal, structured course of study, such as a course leading to a higher degree or certification in a nursing specialty.

 

Sec. 10.  Minnesota Statutes 2014, section 214.077, is amended to read:

 

214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS HARM.

 

(a) Notwithstanding any provision of a health-related professional practice act, when a health-related licensing board receives a complaint regarding a regulated person and has probable cause to believe that the regulated person has violated a statute or rule that the health-related licensing board is empowered to enforce, and continued practice by the regulated person presents an imminent risk of serious harm, the health-related licensing board shall issue an order temporarily suspend suspending the regulated person's professional license authority to practice.  The temporary suspension order shall take effect upon written notice to the regulated person and shall specify the reason for the suspension., including the statute or rule alleged to have been violated.  The temporary suspension order shall take effect upon personal service on the regulated person or the regulated person's attorney, or upon the third calendar day after the order is served by first class mail to the most recent address provided to the health-related licensing board for the regulated person or the regulated person's attorney.

 

(b) The temporary suspension shall remain in effect until the appropriate health-related licensing board or the commissioner completes an investigation, holds a contested case hearing pursuant to the Administrative Procedure Act, and issues a final order in the matter after a hearing as provided for in this section.

 

(c) At the time it issues the temporary suspension notice order, the appropriate health-related licensing board shall schedule a disciplinary contested case hearing, on the merits of whether discipline is warranted, to be held before the licensing board or pursuant to the Administrative Procedure Act.  The regulated person shall be provided with at least ten days' notice of any contested case hearing held pursuant to this section.  The contested case hearing shall be scheduled to begin no later than 30 days after issuance the effective service of the temporary suspension order.

 

(d) The administrative law judge presiding over the contested case hearing shall issue a report and recommendation to the health-related licensing board no later than 30 days after the final day of the contested case hearing.  The health-related licensing board shall issue a final order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative law judge's report and recommendations.  Except as provided in paragraph (e), if the health-related licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative law judge's report and recommendations, the temporary suspension shall be lifted.


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(d) (e) If the board has not completed its investigation and issued a final order within 30 days, the temporary suspension shall be lifted, unless the regulated person requests a delay in the disciplinary proceedings for any reason, upon which the temporary suspension shall remain in place until the completion of the investigation. the regulated person requests a delay in the contested case proceedings provided for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect until the health-related licensing board issues a final order pursuant to sections 14.61 and 14.62.

 

(f) This section shall not apply to the Office of Unlicensed Complementary and Alternative Health Practice established under section 146A.02.  The commissioner of health shall conduct temporary suspensions for complementary and alternative health care practitioners in accordance with section 146A.09.

 

Sec. 11.  Minnesota Statutes 2014, section 214.10, subdivision 2, is amended to read:

 

Subd. 2.  Investigation and hearing.  The designee of the attorney general providing legal services to a board shall evaluate the communications forwarded by the board or its members or staff.  If the communication alleges a violation of statute or rule which the board is to enforce, the designee is empowered to investigate the facts alleged in the communication.  In the process of evaluation and investigation, the designee shall consult with or seek the assistance of the executive director, executive secretary, or, if the board determines, a member of the board who has been appointed by the board to assist the designee.  The designee may also consult with or seek the assistance of any other qualified persons who are not members of the board who the designee believes will materially aid in the process of evaluation or investigation.  The executive director, executive secretary, or the consulted board member may attempt to correct improper activities and redress grievances through education, conference, conciliation and persuasion, and in these attempts may be assisted by the designee of the attorney general.  If the attempts at correction or redress do not produce satisfactory results in the opinion of the executive director, executive secretary, or the consulted board member, or if after investigation the designee providing legal services to the board, the executive director, executive secretary, or the consulted board member believes that the communication and the investigation suggest illegal or unauthorized activities warranting board action, the person having the belief shall inform the executive director or executive secretary of the board who shall schedule a disciplinary contested case hearing in accordance with chapter 14.  Before directing the holding of a disciplinary contested case hearing, the executive director, executive secretary, or the designee of the attorney general shall have considered the recommendations of the consulted board member.  Before scheduling a disciplinary contested case hearing, the executive director or executive secretary must have received a verified written complaint from the complaining party.  A board member who was consulted during the course of an investigation may participate at the hearing but may not vote on any matter pertaining to the case.  The executive director or executive secretary of the board shall promptly inform the complaining party of the final disposition of the complaint.  Nothing in this section shall preclude the board from scheduling, on its own motion, a disciplinary contested case hearing based upon the findings or report of the board's executive director or executive secretary, a board member or the designee of the attorney general assigned to the board.  Nothing in this section shall preclude a member of the board, executive director, or executive secretary from initiating a complaint.

 

Sec. 12.  Minnesota Statutes 2014, section 214.10, subdivision 2a, is amended to read:

 

Subd. 2a.  Proceedings.  A board shall initiate proceedings to suspend or revoke a license or shall refuse to renew a license of a person licensed by the board who is convicted in a court of competent jurisdiction of violating section 609.224, subdivision 2 609.2231, subdivision 8, paragraph (c), 609.23, 609.231, 609.2325, 609.233, 609.2335, 609.234, 609.465, 609.466, 609.52, or 609.72, subdivision 3.

 

Sec. 13.  Minnesota Statutes 2014, section 214.10, is amended by adding a subdivision to read:

 

Subd. 14.  Complementary and alternative health care practitioners.  This section shall not apply to complementary and alternative health care practitioners practicing under chapter 146A.  Complaints and disciplinary actions against complementary and alternative health care practitioners shall be conducted in accordance with chapter 146A.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8087

Sec. 14.  Minnesota Statutes 2014, section 214.32, subdivision 6, is amended to read:

 

Subd. 6.  Duties of a participating board.  Upon receiving a report from the program manager in accordance with section 214.33, subdivision 3, that a regulated person has been discharged from the program due to noncompliance based on allegations that the regulated person has engaged in conduct that might cause risk to the public, when and if the participating health-related licensing board has probable cause to believe continued practice by the regulated person presents an imminent risk of serious harm, the health-related licensing board shall temporarily suspend the regulated person's professional license until the completion of a disciplinary investigation.  The board must complete the disciplinary investigation within 30 days of receipt of the report from the program.  If the investigation is not completed by the board within 30 days, the temporary suspension shall be lifted, unless the regulated person requests a delay in the disciplinary proceedings for any reason, upon which the temporary suspension shall remain in place until the completion of the investigation proceed pursuant to the requirements in section 214.077.

 

Sec. 15.  REVISOR'S INSTRUCTION.

 

(a) The revisor of statutes shall change the term "physician's assistant" to "physician assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.

 

(b) The revisor of statutes shall change the term "physician ancillary" to "physician assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.

 

Sec. 16.  REPEALER.

 

Minnesota Statutes 2014, sections 147A.01, subdivision 5; and 147D.17, subdivision 4, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to health care; modifying provisions related to physician assistants, midwives, and nurses; modifying provisions related to license suspension and contested case hearings; amending Minnesota Statutes 2014, sections 147A.01, subdivisions 17a, 23; 147A.20, subdivisions 1, 2; 147D.05, subdivision 1; 147D.09; 147D.25, subdivision 1; 148.271; 214.077; 214.10, subdivisions 2, 2a, by adding a subdivision; 214.32, subdivision 6; Minnesota Statutes 2015 Supplement, section 147D.13, subdivision 2; repealing Minnesota Statutes 2014, sections 147A.01, subdivision 5; 147D.17, subdivision 4."

 

 

We request the adoption of this report and repassage of the bill.

 

House Conferees:  Dave Baker, Tara Mack and Debra Hilstrom.

 

Senate Conferees:  Chris A. Eaton, Mary Kiffmeyer and Melissa H. Wiklund.

 

 

      Baker moved that the report of the Conference Committee on H. F. No. 1036 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

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

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8088

           The question was taken on the repassage of the bill and the roll was called.  There were 123 yeas and 5 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Lien

Lillie

Loeffler

Lohmer

Loon

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Rarick

Rosenthal

Runbeck

Sanders

Schomacker

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Liebling

Metsa

Quam

Schultz

Slocum


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 2294, A bill for an act relating to marriage; eliminating waiting period for issuance of a marriage license; amending Minnesota Statutes 2015 Supplement, section 517.08, subdivision 1b.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 114 yeas and 15 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Freiberg

Green

Gunther


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8089

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Koznick

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newton

Nornes

Norton

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Urdahl

Vogel

Wagenius

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Franson

Gruenhagen

Hackbarth

Howe

Kiel

Knoblach

Kresha

Lucero

Miller

Newberger

O'Driscoll

Peppin

Quam

Uglem

Whelan


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 1425 was reported to the House.

 

 

Barrett moved to amend S. F. No. 1425, the first engrossment, as follows:

 

Page 1, after line 7, insert:

 

"Section 1.  Minnesota Statutes 2015 Supplement, section 151.01, subdivision 27, is amended to read:

 

Subd. 27.  Practice of pharmacy.  "Practice of pharmacy" means:

 

(1) interpretation and evaluation of prescription drug orders;

 

(2) compounding, labeling, and dispensing drugs and devices (except labeling by a manufacturer or packager of nonprescription drugs or commercially packaged legend drugs and devices);

 

(3) participation in clinical interpretations and monitoring of drug therapy for assurance of safe and effective use of drugs, including the performance of laboratory tests that are waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory tests but may modify drug therapy only pursuant to a protocol or collaborative practice agreement;

 

(4) participation in drug and therapeutic device selection; drug administration for first dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;

 

(5) participation in administration of influenza vaccines to all eligible individuals six years of age and older and all other vaccines to patients 13 years of age and older by written protocol with a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe drugs under section 148.235, provided that:


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8090

(i) the protocol includes, at a minimum:

 

(A) the name, dose, and route of each vaccine that may be given;

 

(B) the patient population for whom the vaccine may be given;

 

(C) contraindications and precautions to the vaccine;

 

(D) the procedure for handling an adverse reaction;

 

(E) the name, signature, and address of the physician, physician assistant, or advanced practice registered nurse;

 

(F) a telephone number at which the physician, physician assistant, or advanced practice registered nurse can be contacted; and

 

(G) the date and time period for which the protocol is valid;

 

(ii) the pharmacist has successfully completed a program approved by the Accreditation Council for Pharmacy Education specifically for the administration of immunizations or a program approved by the board;

 

(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to assess the immunization status of individuals prior to the administration of vaccines, except when administering influenza vaccines to individuals age nine and older;

 

(iv) the pharmacist reports the administration of the immunization to the Minnesota Immunization Information Connection; and

 

(v) the pharmacist complies with guidelines for vaccines and immunizations established by the federal Advisory Committee on Immunization Practices, except that a pharmacist does not need to comply with those portions of the guidelines that establish immunization schedules when administering a vaccine pursuant to a valid, patient-specific order issued by a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under section 148.235, provided that the order is consistent with the United States Food and Drug Administration approved labeling of the vaccine;

 

(6) participation in the initiation, management, modification, and discontinuation of drug therapy according to a written protocol or collaborative practice agreement between:  (i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more physician assistants authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice nurses authorized to prescribe, dispense, and administer under section 148.235.  Any changes in drug therapy made pursuant to a protocol or collaborative practice agreement must be documented by the pharmacist in the patient's medical record or reported by the pharmacist to a practitioner responsible for the patient's care;

 

(7) participation in the storage of drugs and the maintenance of records;

 

(8) patient counseling on therapeutic values, content, hazards, and uses of drugs and devices; and

 

(9) offering or performing those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a pharmacy.; and

 

(10) participation in the initiation, management, modification, and discontinuation of therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8091

(i) a written protocol as allowed under clause (6); or

 

(ii) a written protocol with a community health board medical consultant or a practitioner designated by the commissioner of health, as allowed under section 151.37, subdivision 13."

 

Page 5, after line 28, insert:

 

"Sec. 7.  Minnesota Statutes 2014, section 151.37, is amended by adding a subdivision to read:

 

Subd. 13.  Opiate antagonists protocol.  (a) The board shall develop an opiate antagonist protocol.  When developing the protocol, the board shall consult with the Board of Medical Practice, the Board of Nursing, the commissioner of health, and professional associations of pharmacists, physicians, physician assistants, and advanced practice registered nurses.

 

(b) The commissioner of health shall provide the following items to medical consultants appointed under section 145A.04, subdivision 2a:

 

(1) educational materials concerning the need for, and opportunities to provide, greater access to opiate antagonists;

 

(2) the opiate antagonist protocol developed by the board under paragraph (a); and

 

(3) a notice of the liability protections under section 604A.04, subdivision 3, that are extended to cover the use of the opiate antagonist protocol developed under this subdivision.

 

(c) The commissioner of health may designate a practitioner who is authorized to prescribe opiate antagonists to enter into the written protocol developed under paragraph (a) with pharmacists practicing within one or more community health service areas, upon the request of the applicable community health board.  A community health board making a request to the commissioner under this section must do so by October 1 for the subsequent calendar year.

 

(d) The immunity in section 604A.04, subdivision 3, is extended to both the commissioner of health and to the designated practitioner when prescribing according to the protocol under this subdivision.  The commissioner of health and the designated practitioner are both deemed to be acting within the scope of employment for purposes of section 3.736, subdivision 9, when prescribing according to the protocol under this subdivision."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 1425, A bill for an act relating to health; making changes concerning the collection and disposal of legend drugs as pharmaceutical waste; amending Minnesota Statutes 2014, sections 151.01, by adding a subdivision; 151.37, subdivisions 6, 7, by adding a subdivision; Minnesota Statutes 2015 Supplement, section 151.37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 152.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8092

           The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 2428 was reported to the House.

 

 

Norton moved to amend S. F. No. 2428, the third engrossment, as follows:

 

Page 1, after line 4, insert:

 

"Section 1.  [518A.79] PERMANENT CHILD SUPPORT TASK FORCE.

 

Subdivision 1.  Establishment; purpose.  There is hereby established the Permanent Child Support Task Force for the Department of Human Services.  The purpose of the task force is to advise the commissioner of human services on matters relevant to maintaining effective and efficient child support guidelines that will best serve the children of Minnesota and take into account the changing dynamics of families.

 

Subd. 2.  Members.  (a) The task force must consist of:

 

(1) two members of the house of representatives, one appointed by the speaker and one appointed by the minority leader;

 

(2) two members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, including one member of the minority;


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8093

(3) one representative from the Minnesota County Attorneys Association;

 

(4) one staff member from the Department of Human Services Child Support Division;

 

(5) one representative from a tribe with an approved IV-D program;

 

(6) one representative from the Minnesota Family Support Recovery Council;

 

(7) one child support magistrate, family court referee, or one district court judge or retired judge with experience in child support matters, appointed by the chief justice of the Supreme Court;

 

(8) four parents, at least two of whom represent diverse cultural and social communities, appointed by the commissioner with equal representation between custodial and noncustodial parents;

 

(9) one representative from the Minnesota Legal Services Coalition; and

 

(10) one representative from the Family Law Section of the Minnesota Bar Association.

 

(b) Section 15.059 governs the Permanent Child Support Task Force.  Notwithstanding section 15.059, the task force does not expire.

 

(c) Members of the task force shall be compensated as provided in section 15.059, subdivision 3.

 

Subd. 3.  Organization.  (a) The commissioner or the commissioner's designee shall convene the first meeting of the task force.

 

(b) The members of the task force shall annually elect a chair and other officers as the members deem necessary.

 

(c) The task force shall meet at least three times per year, with one meeting devoted to collecting input from the public.

 

Subd. 4.  Staff.  The commissioner shall provide support staff, office space, and administrative services for the task force.

 

Subd. 5.  Duties of the task force.  (a) General duties of the task force include, but are not limited to:

 

(1) serving in an advisory capacity to the commissioner of human services;

 

(2) reviewing the effects of the implementation of the parenting expense adjustment enacted by the 2016 legislature;

 

(3) at least every four years, preparing for and advising the commissioner on the development of the quadrennial review report;

 

(4) collecting and studying information and data relating to child support awards; and

 

(5) conducting a comprehensive review of child support guidelines, economic conditions, and other matters relevant to maintaining effective and efficient child support guidelines.

 

(b) The task force must review, address, and make recommendations on the following priority issues: 


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8094

(1) the self-support reserve for custodial and noncustodial parents;

 

(2) simultaneous child support orders;

 

(3) obligors who are subject to child support orders in multiple counties;

 

(4) parents with multiple families;

 

(5) non-nuclear families, such as grandparents, relatives, and foster parents who are caretakers of children;

 

(6) standards to apply for modifications; and

 

(7) updating section 518A.35, subdivision 2, the guideline for basic support.

 

Subd. 6.  Consultation.  The chair of the task force must consult with the Cultural and Ethnic Communities Leadership Council at least annually on the issues under consideration by the task force.

 

Subd. 7.  Report and recommendations.  Beginning February 15, 2019, and biennially thereafter, the commissioner shall prepare and submit to the chairs and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over child support matters a report that summarizes the activities of the task force, issues identified by the task force, methods taken to address the issues, and recommendations for legislative action, if needed.

 

EFFECTIVE DATE.  This section is effective July 1, 2017."

 

Amend the title accordingly

 

 

Norton moved to amend the Norton amendment to S. F. No. 2428, the third engrossment, as follows:

 

Page 1, line 3, delete "PERMANENT"

 

Page 1, line 4, delete "Permanent"

 

Page 1, line 10, after "speaker" insert "of the house"

 

Page 1, delete lines 12 and 13 and insert:

 

"(2) two members of the senate, including one senator appointed by the senate majority leader and one senator appointed by the senate minority leader;"

 

Page 1, line 15, delete everything after "one" and insert "person appointed by the commissioner of human services who is an employee of the child support division;"

 

Page 1, delete line 16

 

Page 1, line 17, delete "representative" and insert "person" and after "program" insert "appointed by resolution of the Minnesota Indian Affairs Council"

 

Page 1, line 18, delete "representative from" and insert "person with experience working directly with parents appointed by"


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8095

Page 1, line 19, delete "or one" and after "judge" insert a comma

 

Page 1, line 20, delete "of"

 

Page 1, line 21, delete everything before the semicolon

 

Page 1, line 23, after "commissioner" insert "of human services"

 

Page 1, line 25, delete "representative from" and insert "person appointed by the directors of"

 

Page 1, line 26, delete "representative from" and insert "person appointed by the executive council of" and after "Minnesota" insert "State"

 

Page 2, line 1, delete "Permanent"

 

Page 2, delete line 2

 

Page 2, line 5, delete "Organization." and insert "Chair; meetings." and delete "(a) The commissioner or the commissioner's designee shall"

 

Page 2, delete line 6

 

Page 2, line 7, delete "(b)" and insert "(a)"

 

Page 2, line 9, delete "(c)" and insert "(b)"

 

Page 2, line 11, after "commissioner" insert "of human services"

 

Page 3, line 1, delete "2019" and insert "2018"

 

Page 3, line 2, after the comma, insert "if the task force is extended by the legislature," and after "commissioner" insert "of human services"

 

Page 3, after line 6, insert: 

 

"Subd. 8.  Task force.  The task force expires June 30, 2019, unless extended by the legislature."

 

Page 3, after line 7, insert:

 

"Page 3, after line 16, insert:

 

"Sec. 2.  INITIAL APPOINTMENTS.

 

The appointing authorities shall make initial appointments to the Child Support Task Force established in Minnesota Statutes, section 518A.79, by August 1, 2017.  The commissioner of human services or the commissioner's designee shall convene the first meeting of the task force by October 1, 2017.  The members of the task force shall elect a chair at the first meeting.  The terms of the initial appointees appointed under Minnesota Statutes, section 518A.79, subdivision 2, paragraph (a), clauses (8), (9), and (10), shall end the first Monday in January 2024.  The terms of the initial appointees appointed under Minnesota Statutes, section 518A.79, subdivision 2, paragraph (a), clauses (3), (4), (5), (6), and (7), shall end on the first Monday in January 2023.

 

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


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8096

Page 3, before line 8, insert:

 

"Renumber the sections in sequence and correct the internal references"

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Norton amendment, as amended, to S. F. No. 2428, the third engrossment.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Norton moved to amend S. F. No. 2428, the third engrossment, as amended, as follows:

 

Page 1, after line 4, insert:

 

"Section 1.  Minnesota Statutes 2014, section 518.175, subdivision 5, is amended to read:

 

Subd. 5.  Modification of parenting plan or order for parenting time.  (a) If a parenting plan or an order granting parenting time cannot be used to determine the number of overnights or overnight equivalents the child has with each parent, the court shall modify the parenting plan or order granting parenting time so that the number of overnights or overnight equivalents the child has with each parent can be determined.  For purposes of this section, "overnight equivalents" has the meaning provided in section 518A.36, subdivision 1.

 

(b) If modification would serve the best interests of the child, the court shall modify the decision-making provisions of a parenting plan or an order granting or denying parenting time, if the modification would not change the child's primary residence.  Consideration of a child's best interest includes a child's changing developmental needs.

 

(b) (c) Except as provided in section 631.52, the court may not restrict parenting time unless it finds that:

 

(1) parenting time is likely to endanger the child's physical or emotional health or impair the child's emotional development; or

 

(2) the parent has chronically and unreasonably failed to comply with court-ordered parenting time.

 

A modification of parenting time which increases a parent's percentage of parenting time to an amount that is between 45.1 to 54.9 percent parenting time is not a restriction of the other parent's parenting time.

 

(c) (d) If a parent makes specific allegations that parenting time by the other parent places the parent or child in danger of harm, the court shall hold a hearing at the earliest possible time to determine the need to modify the order granting parenting time.  Consistent with subdivision 1a, the court may require a third party, including the local social services agency, to supervise the parenting time or may restrict a parent's parenting time if necessary to protect the other parent or child from harm.  If there is an existing order for protection governing the parties, the court shall consider the use of an independent, neutral exchange location for parenting time.

 

EFFECTIVE DATE.  This section is effective August 1, 2017.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8097

Sec. 2.  Minnesota Statutes 2015 Supplement, section 518A.26, subdivision 14, is amended to read:

 

Subd. 14.  Obligor.  "Obligor" means a person obligated to pay maintenance or support.  For purposes of ordering medical support under section 518A.41, a parent who has primary physical custody of a child may be an obligor subject to a payment agreement under section 518A.69.  If a parent has more than 55 percent court-ordered parenting time, it is a rebuttable presumption that the parent shall have a zero dollar basic support obligation.  A party or public authority seeking to overcome this presumption must show, and the court must consider, the following:

 

(1) a significant income disparity, which may include potential income determined under section 518A.32;

 

(2) the benefit and detriment to the child and the ability of each parent to meet the needs of the child; and

 

(3) whether the application of the presumption would have an unjust or inappropriate result.

 

The presumption of a zero dollar basic support obligation does not eliminate that parent's obligation to pay child support arrears pursuant to section 518A.60.

 

EFFECTIVE DATE.  This section is effective August 1, 2017.

 

Sec. 3.  Minnesota Statutes 2014, section 518A.34, is amended to read:

 

518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS.

 

(a) To determine the presumptive child support obligation of a parent, the court shall follow the procedure set forth in this section.

 

(b) To determine the obligor's basic support obligation, the court shall:

 

(1) determine the gross income of each parent under section 518A.29;

 

(2) calculate the parental income for determining child support (PICS) of each parent, by subtracting from the gross income the credit, if any, for each parent's nonjoint children under section 518A.33;

 

(3) determine the percentage contribution of each parent to the combined PICS by dividing the combined PICS into each parent's PICS;

 

(4) determine the combined basic support obligation by application of the guidelines in section 518A.35;

 

(5) determine the obligor's each parent's share of the combined basic support obligation by multiplying the percentage figure from clause (3) by the combined basic support obligation in clause (4); and

 

(6) determine the parenting expense adjustment, if any, as apply the parenting expense adjustment formula provided in section 518A.36, and adjust the obligor's basic support obligation accordingly to determine the obligor's basic support obligation.  If the parenting time of the parties is presumed equal, section 518A.36, subdivision 3, applies to the calculation of the basic support obligation and a determination of which parent is the obligor.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8098

(c) If the parents have split custody of the joint children, child support shall be calculated for each joint child as follows:

 

(1) the court shall determine each parent's basic support obligation pursuant to paragraph (b) and shall include the amount of each parent's obligation in the court order.  If the basic support calculation results in each parent owing support to the other, the court shall offset the higher basic support obligation with the lower basic support obligation to determine the amount to be paid by the parent with the higher obligation to the parent with the lower obligation.  For the purpose of the cost-of-living adjustment required under section 518A.75, the adjustment must be based on each parent's basic support obligation prior to offset.  For the purposes of this paragraph, "split custody" means that there are two or more joint children and each parent has at least one joint child more than 50 percent of the time;

 

(2) if each parent pays all child care expenses for at least one joint child, the court shall calculate child care support for each joint child as provided in section 518A.40.  The court shall determine each parent's child care support obligation and include the amount of each parent's obligation in the court order.  If the child care support calculation results in each parent owing support to the other, the court shall offset the higher child care support obligation with the lower child care support obligation to determine the amount to be paid by the parent with the higher obligation to the parent with the lower obligation; and

 

(3) if each parent pays all medical or dental insurance expenses for at least one joint child, medical support shall be calculated for each joint child as provided in section 518A.41.  The court shall determine each parent's medical support obligation and include the amount of each parent's obligation in the court order.  If the medical support calculation results in each parent owing support to the other, the court shall offset the higher medical support obligation with the lower medical support obligation to determine the amount to be paid by the parent with the higher obligation to the parent with the lower obligation.  Unreimbursed and uninsured medical expenses are not included in the presumptive amount of support owed by a parent and are calculated and collected as provided in section 518A.41.

 

(d) The court shall determine the child care support obligation for the obligor as provided in section 518A.40.

 

(d) (e) The court shall determine the medical support obligation for each parent as provided in section 518A.41.  Unreimbursed and uninsured medical expenses are not included in the presumptive amount of support owed by a parent and are calculated and collected as described in section 518A.41.

 

(e) (f) The court shall determine each parent's total child support obligation by adding together each parent's basic support, child care support, and health care coverage obligations as provided in this section.

 

(f) (g) If Social Security benefits or veterans' benefits are received by one parent as a representative payee for a joint child based on the other parent's eligibility, the court shall subtract the amount of benefits from the other parent's net child support obligation, if any.

 

(g) (h) The final child support order shall separately designate the amount owed for basic support, child care support, and medical support.  If applicable, the court shall use the self-support adjustment and minimum support adjustment under section 518A.42 to determine the obligor's child support obligation.

 

EFFECTIVE DATE.  This section is effective August 1, 2017.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8099

Sec. 4.  Minnesota Statutes 2014, section 518A.36, is amended to read:

 

518A.36 PARENTING EXPENSE ADJUSTMENT.

 

Subdivision 1.  General.  (a) The parenting expense adjustment under this section reflects the presumption that while exercising parenting time, a parent is responsible for and incurs costs of caring for the child, including, but not limited to, food, clothing, transportation, recreation, and household expenses.  Every child support order shall specify the percentage of parenting time granted to or presumed for each parent.  For purposes of this section, the percentage of parenting time means the percentage of time a child is scheduled to spend with the parent during a calendar year according to a court order averaged over a two-year period.  Parenting time includes time with the child whether it is designated as visitation, physical custody, or parenting time.  The percentage of parenting time may be determined by calculating the number of overnights or overnight equivalents that a child parent spends with a parent, or child pursuant to a court order.  For purposes of this section, overnight equivalents are calculated by using a method other than overnights if the parent has significant time periods on separate days where the child is in the parent's physical custody and under the direct care of the parent but does not stay overnight.  The court may consider the age of the child in determining whether a child is with a parent for a significant period of time.

 

(b) If there is not a court order awarding parenting time, the court shall determine the child support award without consideration of the parenting expense adjustment.  If a parenting time order is subsequently issued or is issued in the same proceeding, then the child support order shall include application of the parenting expense adjustment.

 

Subd. 2.  Calculation of parenting expense adjustment.  (a) For the purposes of this section, the following terms have the meanings given:

 

(1) "parent A" means the parent with whom the child or children will spend the least number of overnights under the court order; and

 

(2) "parent B" means the parent with whom the child or children will spend the greatest number of overnights under the court order. 

 

(b) The obligor is entitled to a parenting expense adjustment calculated as provided in this subdivision.  The court shall:  The court shall apply the following formula to determine which parent is the obligor and calculate the basic support obligation:

 

(1) find the adjustment percentage corresponding to the percentage of parenting time allowed to the obligor below:

 

 

Percentage Range of Parenting Time

Adjustment Percentage

 

(i)

less than 10 percent

no adjustment

(ii)

10 percent to 45 percent

12 percent

(iii)

45.1 percent to 50 percent

presume parenting time is equal

 

(2) multiply the adjustment percentage by the obligor's basic child support obligation to arrive at the parenting expense adjustment; and

 

(3) subtract the parenting expense adjustment from the obligor's basic child support obligation.  The result is the obligor's basic support obligation after parenting expense adjustment.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8100

(1) raise to the power of three the approximate number of annual overnights the child or children will likely spend with parent A;

 

(2) raise to the power of three the approximate number of annual overnights the child or children will likely spend with parent B;

 

(3) multiply the result of clause (1) times parent B's share of the combined basic support obligation as determined in section 518A.34, paragraph (b), clause (5);

 

(4) multiply the result of clause (2) times parent A's share of the combined basic support obligation as determined in section 518A.34, paragraph (b), clause (5);

 

(5) subtract the result of clause (4) from the result of clause (3); and

 

(6) divide the result of clause (5) by the sum of clauses (1) and (2).

 

(c) If the result is a negative number, parent A is the obligor, the negative number becomes its positive equivalent, and the result is the basic support obligation.  If the result is a positive number, parent B is the obligor and the result is the basic support obligation.

 

Subd. 3.  Calculation of basic support when parenting time presumed is equal.  (a) If the parenting time is equal and the parental incomes for determining child support of the parents also are equal, no basic support shall be paid unless the court determines that the expenses for the child are not equally shared.

 

(b) If the parenting time is equal but the parents' parental incomes for determining child support are not equal, the parent having the greater parental income for determining child support shall be obligated for basic child support, calculated as follows:

 

(1) multiply the combined basic support calculated under section 518A.34 by 0.75;

 

(2) prorate the amount under clause (1) between the parents based on each parent's proportionate share of the combined PICS; and

 

(3) subtract the lower amount from the higher amount.

 

The resulting figure is the obligation after parenting expense adjustment for the parent with the greater parental income for determining child support.

 

EFFECTIVE DATE.  This section is effective August 1, 2017.

 

Sec. 5.  Minnesota Statutes 2015 Supplement, section 518A.39, subdivision 2, is amended to read:

 

Subd. 2.  Modification.  (a) The terms of an order respecting maintenance or support may be modified upon a showing of one or more of the following, any of which makes the terms unreasonable and unfair:  (1) substantially increased or decreased gross income of an obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or the child or children that are the subject of these proceedings; (3) receipt of assistance under the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics; (5) extraordinary medical expenses of the child not provided for under section 518A.41; (6) a change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs; (7) the


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8101

addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.

 

(b) It is presumed that there has been a substantial change in circumstances under paragraph (a) and the terms of a current support order shall be rebuttably presumed to be unreasonable and unfair if:

 

(1) the application of the child support guidelines in section 518A.35, to the current circumstances of the parties results in a calculated court order that is at least 20 percent and at least $75 per month higher or lower than the current support order or, if the current support order is less than $75, it results in a calculated court order that is at least 20 percent per month higher or lower;

 

(2) the medical support provisions of the order established under section 518A.41 are not enforceable by the public authority or the obligee;

 

(3) health coverage ordered under section 518A.41 is not available to the child for whom the order is established by the parent ordered to provide;

 

(4) the existing support obligation is in the form of a statement of percentage and not a specific dollar amount;

 

(5) the gross income of an obligor or obligee has decreased by at least 20 percent through no fault or choice of the party; or

 

(6) a deviation was granted based on the factor in section 518A.43, subdivision 1, clause (4), and the child no longer resides in a foreign country or the factor is otherwise no longer applicable.

 

(c) A child support order is not presumptively modifiable solely because an obligor or obligee becomes responsible for the support of an additional nonjoint child, which is born after an existing order.  Section 518A.33 shall be considered if other grounds are alleged which allow a modification of support.

 

(d) If child support was established by applying a parenting expense adjustment or presumed equal parenting time calculation under previously existing child support guidelines and there is no parenting plan or order from which overnights or overnight equivalents can be determined, there is a rebuttable presumption that the established adjustment or calculation shall continue after modification so long as the modification is not based on a change in parenting time.  In determining an obligation under previously existing child support guidelines, it is presumed that the court shall:

 

(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's share of the combined basic support obligation calculated under section 518A.34, paragraph (b), clause (5), by .88; or

 

(2) if the parenting time was presumed equal but the parents' parental incomes for determining child support were not equal:

 

(i) multiply the combined basic support obligation under section 518A.34, paragraph (b), clause (5), by .075;

 

(ii) prorate the amount under item (i) between the parents based on each parent's proportionate share of the combined PICS; and

 

(iii) subtract the lower amount from the higher amount.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8102

(e) On a motion for modification of maintenance, including a motion for the extension of the duration of a maintenance award, the court shall apply, in addition to all other relevant factors, the factors for an award of maintenance under section 518.552 that exist at the time of the motion.  On a motion for modification of support, the court:

 

(1) shall apply section 518A.35, and shall not consider the financial circumstances of each party's spouse, if any; and

 

(2) shall not consider compensation received by a party for employment in excess of a 40-hour work week, provided that the party demonstrates, and the court finds, that:

 

(i) the excess employment began after entry of the existing support order;

 

(ii) the excess employment is voluntary and not a condition of employment;

 

(iii) the excess employment is in the nature of additional, part-time employment, or overtime employment compensable by the hour or fractions of an hour;

 

(iv) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation;

 

(v) in the case of an obligor, current child support payments are at least equal to the guidelines amount based on income not excluded under this clause; and

 

(vi) in the case of an obligor who is in arrears in child support payments to the obligee, any net income from excess employment must be used to pay the arrearages until the arrearages are paid in full.

 

(e) (f) A modification of support or maintenance, including interest that accrued pursuant to section 548.091, may be made retroactive only with respect to any period during which the petitioning party has pending a motion for modification but only from the date of service of notice of the motion on the responding party and on the public authority if public assistance is being furnished or the county attorney is the attorney of record, unless the court adopts an alternative effective date under paragraph (l).  The court's adoption of an alternative effective date under paragraph (l) shall not be considered a retroactive modification of maintenance or support.

 

(f) (g) Except for an award of the right of occupancy of the homestead, provided in section 518.63, all divisions of real and personal property provided by section 518.58 shall be final, and may be revoked or modified only where the court finds the existence of conditions that justify reopening a judgment under the laws of this state, including motions under section 518.145, subdivision 2.  The court may impose a lien or charge on the divided property at any time while the property, or subsequently acquired property, is owned by the parties or either of them, for the payment of maintenance or support money, or may sequester the property as is provided by section 518A.71.

 

(g) (h) The court need not hold an evidentiary hearing on a motion for modification of maintenance or support.

 

(h) (i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for motions brought under this subdivision.

 

(i) (j) Except as expressly provided, an enactment, amendment, or repeal of law does not constitute a substantial change in the circumstances for purposes of modifying a child support order.

 

(j) MS 2006 [Expired]


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8103

(k) On the first modification under the income shares method of calculation following implementation of amended child support guidelines, the modification of basic support may be limited if the amount of the full variance would create hardship for either the obligor or the obligee.

 

(l) The court may select an alternative effective date for a maintenance or support order if the parties enter into a binding agreement for an alternative effective date.

 

EFFECTIVE DATE.  This section is effective August 1, 2017."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Norton moved to amend the Norton amendment to S. F. No. 2428, the third engrossment, as amended, as follows:

 

Page 2, line 12, delete "it" and insert "there" and delete "shall have" and insert "has"

 

Page 2, line 13, delete "or public authority"

 

Page 2, line 22, after the period, insert "The presumption of a zero dollar basic support obligation does not apply to an action under section 256.87, subdivision 1 or 1a."

 

Page 3, line 14, delete "the"

 

Page 3, line 16, delete "pursuant to" and insert "under"

 

Page 3, line 17, delete "shall"

 

Page 4, after line 22, insert:

 

"Sec. 4.  Minnesota Statutes 2014, section 518A.35, subdivision 1, is amended to read:

 

Subdivision 1.  Determination of support obligation.  (a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter.

 

(b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.

 

(c) If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents.  Unless a parent has court-ordered parenting time, the parenting expense adjustment formula under section 518A.34 must not be applied.

 

(d) If a child is in custody of either parent and a support order is sought by the public authority under section 256.87, unless the parent against whom the support order is sought has court-ordered parenting time, the support obligation must be determined by referencing the guideline for the appropriate number of joint children and the parent's individual income without application of the parenting expense adjustment formula under section 518A.34.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8104

(e) For combined parental incomes for determining child support exceeding $15,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $15,000 per month.  A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 518A.43."

 

Page 7, line 30, delete "shall" and insert "will"

 

Page 9, line 18, after the period, insert "Hardship includes, but is not limited to, eligibility for assistance under chapter 256J."

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Norton amendment, as amended, to S. F. No. 2428, the third engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

      S. F. No. 2428, A bill for an act relating to human services; extending the legislative task force on child protection; amending Laws 2015, chapter 71, article 1, section 125.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed, as amended, and its title agreed to.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8105

           S. F. No. 2548, A bill for an act relating to health; allowing pharmacists to dispense a 90-day supply of a prescription drug under certain circumstances; amending Minnesota Statutes 2014, section 151.21, by adding a subdivision.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 3384 was reported to the House.

 

 

Hoppe moved to amend H. F. No. 3384, the first engrossment, as follows:

 

Page 25, line 22, delete everything after the period and insert "The commissioner may take other disciplinary action to enforce this section."

 

Page 25, delete line 23

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8106

           H. F. No. 3384, A bill for an act relating to insurance; making changes to the life insurance reserves; amending Minnesota Statutes 2014, sections 61A.24, subdivision 12, by adding a subdivision; 61A.25.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 94 yeas and 35 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, P.

Anderson, S.

Atkins

Backer

Baker

Barrett

Bennett

Carlson

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Heintzeman

Hertaus

Hilstrom

Hoppe

Howe

Isaacson

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lesch

Lillie

Lohmer

Loon

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Miller

Murphy, E.

Nash

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Scott

Selcer

Smith

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Yarusso

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Bernardy

Bly

Clark

Considine

Davnie

Dehn, R.

Ecklund

Flanagan

Freiberg

Hausman

Hornstein

Hortman

Johnson, C.

Johnson, S.

Kahn

Laine

Liebling

Lien

Loeffler

Mariani

Metsa

Moran

Mullery

Murphy, M.

Nelson

Pinto

Schultz

Simonson

Slocum

Sundin

Wagenius

Youakim


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      H. F. No. 3489 was reported to the House.

 

 

Hoppe moved to amend H. F. No. 3489 as follows:

 

Page 1, after line 6, insert:

 

"Section 1.  Minnesota Statutes 2014, section 60A.235, subdivision 3, is amended to read:

 

Subd. 3.  Health plan policies issued as stop loss coverage.  (a) An insurance company or health carrier issuing or renewing an insurance policy or other evidence of coverage, that provides coverage to an employer for health care expenses incurred under an employer-sponsored plan provided to the employer's employees, retired employees, or their dependents, shall issue the policy or evidence of coverage as a health plan if the policy or evidence of coverage:


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8107

(1) has a specific attachment point for claims incurred per individual that is lower than $20,000; or

 

(2) has an aggregate attachment point, for groups of 50 or fewer, that is lower than the greater of:

 

(i) $4,000 times the number of group members;

 

(ii) 120 percent of expected claims; or

 

(iii) $20,000; or

 

(3) (2) has an aggregate attachment point for groups of 51 or more that is lower than 110 percent of expected claims.

 

(b) An insurer shall determine the number of persons in a group, for the purposes of this section, on a consistent basis, at least annually.  Where the insurance policy or evidence of coverage applies to a contract period of more than one year, the dollar amounts amount set forth in paragraph (a), clauses clause (1) and (2), must be multiplied by the length of the contract period expressed in years.

 

(c) The commissioner may adjust the constant dollar amounts provided in paragraph (a), clauses (1), (2), and (3), on January 1 of any year, based upon changes in the medical component of the Consumer Price Index (CPI).  Adjustments must be in increments of $100 and must not be made unless at least that amount of adjustment is required.  The commissioner shall publish any change in these dollar amounts at least six months before their effective date.

 

(d) (c) A policy or evidence of coverage issued by an insurance company or health carrier that provides direct coverage of health care expenses of an individual, including a policy or evidence of coverage administered on a group basis, is a health plan regardless of whether the policy or evidence of coverage is denominated as stop loss coverage.

 

EFFECTIVE DATE.  This section is effective August 1, 2017, and applies to coverage offered, sold, issued, or renewed on or after that date.

 

Sec. 2.  Minnesota Statutes 2014, section 60A.236, is amended to read:

 

60A.236 STOP LOSS REGULATION; SMALL EMPLOYER COVERAGE.

 

A contract providing stop loss coverage, issued or renewed to a small employer, as defined in section 62L.02, subdivision 26, or to a plan sponsored by a small employer, must include a claim settlement period no less favorable to the small employer or plan than coverage of all the following:  (1) claims incurred during the contract period regardless of when the claims are; and (2) paid by the plan during the contract period or within one month after expiration of the contract period."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8108

           H. F. No. 3489, A bill for an act relating to commerce; modifying minimum solvency requirements for health insurers and fraternals to conform to the accreditation standards of the National Association of Insurance Commissioners; amending Minnesota Statutes 2014, sections 60A.235, subdivision 3; 60A.236; 60A.52, subdivision 1; 64B.42, subdivision 1.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 96 yeas and 33 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, P.

Anderson, S.

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Carlson

Christensen

Considine

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Flanagan

Franson

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Heintzeman

Hertaus

Hilstrom

Hoppe

Howe

Isaacson

Johnson, B.

Johnson, C.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lesch

Lien

Lillie

Lohmer

Loon

Lucero

Lueck

Mack

Marquart

McDonald

McNamara

Miller

Murphy, E.

Murphy, M.

Nash

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schomacker

Scott

Selcer

Smith

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Bernardy

Bly

Clark

Davnie

Dehn, R.

Ecklund

Fischer

Freiberg

Halverson

Hausman

Hornstein

Hortman

Johnson, S.

Kahn

Laine

Liebling

Loeffler

Mahoney

Mariani

Masin

Metsa

Moran

Mullery

Nelson

Schoen

Schultz

Simonson

Slocum

Sundin

Wagenius

Yarusso


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      H. F. No. 2554, A bill for an act relating to crime; clarifying military member and adding veterans to offense of impersonation; amending Minnesota Statutes 2014, section 609.475.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 127 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8109

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Lien

Lillie

Loeffler

Lohmer

Loon

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Liebling


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 1111 was reported to the House.

 

 

Swedzinski moved to amend S. F. No. 1111, the second engrossment, as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 1422, the first engrossment:

 

"Section 1.  Minnesota Statutes 2014, section 169.686, subdivision 1, is amended to read:

 

Subdivision 1.  Seat belt requirement.  (a) Except as provided in section 169.685, a properly adjusted and fastened seat belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be worn by the driver and passengers of a passenger vehicle, commercial motor vehicle, type III vehicle, and type III Head Start vehicle.

 

(b) A person who is 15 years of age or older and who violates paragraph (a) is subject to a fine of $25.  The driver of the vehicle in which a violation occurs is subject to a $25 fine for each violation of paragraph (a) by the driver or by a passenger under the age of 15, but the court may not impose more than one surcharge under section 357.021, subdivision 6, on the driver.  The Department of Public Safety shall not record a violation of this subdivision on a person's driving record.

 

(c) The driver of a bus is not subject to the fine under paragraph (b) for a violation of paragraph (a) by a passenger under the age of 15.  This paragraph does not apply to (1) a school bus, including a type III vehicle; and (2) a Head Start bus, including a type III Head Start vehicle.

 

EFFECTIVE DATE.  This section is effective August 1, 2016, and applies to violations committed on or after that date."


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8110

Delete the title and insert:

 

"A bill for an act relating to transportation; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, section 169.686, subdivision 1."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Atkins moved to amend S. F. No. 1111, the second engrossment, as amended, as follows:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2014, section 169.14, is amended by adding a subdivision to read:

 

Subd. 2b.  Speed limit; marked Interstate Highway 35E.  Notwithstanding subdivision 2, the commissioner shall designate the speed limit on marked Interstate Highway 35E in St. Paul, from the interchange with marked Trunk Highway 5, known as West Seventh Street, to the interchange with marked Interstate Highway 94, as 55 miles per hour unless the commissioner designates a different speed limit on that highway after (1) conducting an engineering and traffic investigation under subdivision 4, and (2) determining that a different speed limit is reasonable and safe.  Any speed in excess of a speed limit designated under this subdivision is unlawful.

 

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

 

Renumber the sections in sequence

 

Amend the title accordingly

 

 

POINT OF ORDER

 

      Pinto raised a point of order pursuant to rule 3.21 that the Atkins amendment was not in order.  The Speaker ruled the point of order not well taken and the Atkins amendment in order.

 

 

      The question recurred on the Atkins amendment to S. F. No. 1111, the second engrossment, as amended.  The motion prevailed and the amendment was adopted.

 

 

      Schoen was excused between the hours of 12:40 p.m. and 2:00 p.m.

 

 

Atkins moved to amend S. F. No. 1111, the second engrossment, as amended, as follows:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2014, section 169.14, is amended by adding a subdivision to read:


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8111

Subd. 5g.  Conviction recording; marked Interstate Highway 35E.  Except as provided in section 171.12, subdivision 6, paragraph (c), the Department of Public Safety shall not keep on the record of a driver any conviction for a violation of a speed limit on marked Interstate Highway 35E in the city of St. Paul, from its intersection with West Seventh Street to its intersection with marked Interstate Highway 94, unless the violation consists of a speed greater than ten miles per hour in excess of the speed limit."

 

Renumber the sections in sequence

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Atkins amendment and the roll was called.  There were 66 yeas and 58 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, S.

Atkins

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hancock

Heintzeman

Hertaus

Hilstrom

Hoppe

Isaacson

Johnson, B.

Kelly

Kiel

Koznick

Lien

Lillie

Lohmer

Loon

Lucero

Lueck

Mack

Masin

McDonald

McNamara

Miller

Nash

Newberger

Nornes

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rosenthal

Runbeck

Sanders

Scott

Smith

Torkelson

Uglem

Urdahl

Vogel

Whelan

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anderson, P.

Anzelc

Applebaum

Backer

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Hamilton

Hansen

Hausman

Hornstein

Hortman

Howe

Johnson, C.

Johnson, S.

Kahn

Knoblach

Kresha

Laine

Lesch

Liebling

Loeffler

Mahoney

Mariani

Marquart

Metsa

Moran

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

O'Driscoll

O'Neill

Persell

Pinto

Poppe

Schultz

Selcer

Simonson

Slocum

Sundin

Swedzinski

Theis

Thissen

Wagenius

Yarusso

Youakim


 

 

      The motion prevailed and the amendment was adopted.

 

 

Hoppe moved to amend S. F. No. 1111, the second engrossment, as amended.

 

 

      Liebling requested a division of the Hoppe amendment to S. F. No. 1111, the second engrossment, as amended.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8112

           The first portion of the Hoppe amendment to S. F. No. 1111, the second engrossment, as amended, reads as follows:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2014, section 169.18, subdivision 7, is amended to read:

 

Subd. 7.  Laned highway.  When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

 

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

 

(b) Upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such allocation.  The left lane of a three-lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle.

 

(c) Official signs may be erected by a road authority directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and must be erected as appropriate to instruct motorists of the requirements under subdivision 10.  Drivers of vehicles shall obey the directions of every such sign.

 

(d) Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, or to prepare for a turn as provided in section 169.19, subdivision 1.

 

(e) A vehicle must be driven in the right-hand lane according to subdivision 10."

 

      Renumber the sections in sequence and correct the internal references

 

      Amend the title accordingly

 

 

      The motion prevailed and the first portion of the Hoppe amendment to S. F. No. 1111, the second engrossment, as amended, was adopted.

 

 

      Hoppe withdrew the second portion of his amendment to S. F. No. 1111, the second engrossment, as amended.

 

 

Persell moved to amend S. F. No. 1111, the second engrossment, as amended, as follows:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2014, section 169.06, is amended by adding a subdivision to read:

 

Subd. 4b.  Obedience to school bus flagger.  (a) A person may stop and hold vehicles in place at a location on a street or highway having one lane of traffic in each direction and a speed limit of 35 miles per hour or less until it is safe for the vehicles to proceed, if the person:


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8113

(1) is designated by the school district's transportation safety director to act as a school bus flagger;

 

(2) controls traffic in order to enable one or more school buses to safely leave school property and enter the adjacent street or highway, or to safely enter school property from the adjacent street or highway; and

 

(3) meets the safety and equipment standards of an adult crossing guard as provided in the manual and specifications adopted under subdivision 1.

 

(b) A person operating a motor vehicle that has been stopped by a school bus flagger may proceed after stopping only on instruction by the school bus flagger or a police officer."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Persell moved to amend the Persell amendment to S. F. No. 1111, the second engrossment, as amended, as follows:

 

Page 1, after line 18, insert:

 

"(c) The authority under paragraph (a) does not apply in a school zone established under section 169.14, subdivision 5a, in which the speed limit of that street or highway outside the school zone is higher than 35 miles per hour."

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Persell amendment, as amended, to S. F. No. 1111, the second engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

      S. F. No. 1111, A bill for an act relating to transportation; requiring drivers to stop vehicles at the direction of a school bus flagger; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, sections 169.444, subdivisions 2, 7, by adding subdivisions; 169.686, subdivision 1.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 94 yeas and 35 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, P.

Anderson, S.

Atkins

Backer

Baker

Barrett

Bennett

Carlson

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Flanagan

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8114

Isaacson

Johnson, B.

Johnson, C.

Kelly

Kiel

Knoblach

Koznick

Kresha

Liebling

Lien

Lillie

Lohmer

Loon

Lucero

Lueck

Mack

Marquart

Masin

McDonald

McNamara

Miller

Mullery

Nash

Newberger

Newton

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Anzelc

Applebaum

Bernardy

Bly

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, S.

Kahn

Laine

Lesch

Loeffler

Mahoney

Mariani

Metsa

Moran

Murphy, E.

Murphy, M.

Nelson

Norton

Pinto

Slocum

Sundin

Thissen

Wagenius

Yarusso


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 2963 was reported to the House.

 

 

Hackbarth moved to amend S. F. No. 2963, the first engrossment, as follows:

 

Delete everything after the enacting clause and insert the following language of H. F. No. 2993, the second engrossment:

 

"Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this act.  The appropriations are from the environment and natural resources trust fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2016" and "2017" used in this act mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively.  "The first year" is fiscal year 2016.  "The second year" is fiscal year 2017.  "The biennium" is fiscal years 2016 and 2017.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2016

2017

 

Sec. 2.  MINNESOTA RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$-0-

 

$46,337,000

 

Appropriations by Fund

 

 

2016

2017

 

Environment and natural resources trust fund

 

-0-

 

46,337,000


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8115

The amounts that may be spent for each purpose are specified in the following subdivisions.  Appropriations are available for two years beginning July 1, 2016, unless otherwise stated in the appropriation.  Any unencumbered balance remaining in the first year does not cancel and is available for the second year or until the end of the appropriation.

 

Subd. 2.  Definition. 

 

 

 

 

 

"Trust fund" means the Minnesota environment and natural resources trust fund established under Minnesota Constitution, article XI, section 14.

 

Subd. 3.  Foundational Natural Resource Data and Information

-0-

 

11,158,000

 

(a) Data-Driven Pollinator Conservation Strategies

 

 

 

 

 

$520,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to improve understanding of the relationships and interactions between native bee pollinators and rare and declining plant species and to determine optimal placement and species plantings for pollinator habitat in order to develop guidelines for planning, designing, and planting pollinator habitat.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(b) Native Bee Surveys in Minnesota Prairie and Forest Habitats

 

 

 

 

$600,000 the second year is from the trust fund to the commissioner of natural resources to continue to assess the current status and distribution of native bee pollinators in Minnesota by expanding surveys into the prairie-forest border region and facilitating interagency collaboration and public outreach on pollinators.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(c) Prairie Butterfly Conservation, Research, and Breeding - Phase II

 

 

 

 

$750,000 the second year is from the trust fund.  Of this amount, $421,000 is to the Minnesota Zoological Garden and $329,000 is to the commissioner of natural resources in collaboration with the United States Fish and Wildlife Service to continue efforts to prevent the extinction of imperiled native Minnesota butterfly species through breeding, research, field surveys, and potential reintroduction.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8116

(d) Statewide Monitoring Network for Changing Habitats in Minnesota

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources to develop a consolidated statewide network of permanent habitat monitoring sites in prairies, forests, and wetlands to help guide and prioritize habitat protection and management decisions in response to environmental change.  The design and testing methodologies of monitoring plots must address the status of pollinators and pollination.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(e) Completing National Wetland Inventory Update for Minnesota

 

 

 

 

$1,500,000 the second year is from the trust fund to the commissioner of natural resources to complete the update and enhancement of wetland inventory maps for counties in central and northwestern Minnesota.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(f) Assessment Tool for Understanding Vegetation Growth Impacts on Groundwater Recharge

 

 

 

 

$212,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop a statewide assessment tool to help understand the relationship between vegetation growth and impacts on groundwater recharge under changing land use and climate.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(g) Sentinel Lakes Monitoring and Data Synthesis – Phase III

 

 

 

 

$401,000 the second year is from the trust fund to the commissioner of natural resources for the third and final phase of a monitoring and multidisciplinary research effort on 25 sentinel lakes in Minnesota, which will integrate and synthesize previously collected data to enhance understanding of how lakes respond to large-scale environmental stressors and provide for improved ability to predict and respond to lake changes for water and fisheries management.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8117

(h) State Spring Inventory for Resource Management and Protection - Phase II

 

 

 

 

$370,000 the second year is from the trust fund to the commissioner of natural resources to continue a systematic inventory of springs statewide to provide fundamental data needed to maintain spring flows and protect groundwater-dependent resources.  Increased outreach to the public and other entities must be conducted to assist in the identification, documentation, and publication of spring locations.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(i) Enhancing Understanding of Minnesota River Aquatic Ecosystem

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources to accelerate collection of baseline data to enhance understanding of the Minnesota River ecosystem, measure future impacts of changing climate and landscapes on the aquatic ecosystem, and guide future management efforts.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(j) Improving Brook Trout Stream Habitat Through Beaver Management

 

 

 

 

$225,000 the second year is from the trust fund to the Board of Trustees of the Minnesota State Colleges and Universities system for Bemidji State University to quantify how beaver activity influences habitat quality in streams for brook trout in northeastern Minnesota in order to improve current and future management practices.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(k) Evaluate Temperature, Streamflow, and Hydrogeology Impact on Brook Trout Habitat

 

 

 

 

$115,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Minnesota Geological Survey to evaluate links between southeastern Minnesota stream temperatures, trout habitat, and bedrock hydrogeology to improve trout stream management.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8118

(l) Restoration of Elk to Northeastern Minnesota

 

 

 

 

 

$300,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota in cooperation with the Fond du Lac Band and Rocky Mountain Elk Foundation to determine the habitat suitability and levels of public support for restoring elk to northeastern Minnesota.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(m) Game and Nongame Bird Pesticide Exposure

 

 

 

 

 

$349,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to evaluate the potential risk to game and nongame birds from exposure to neonicotinoid‑treated agricultural seeds.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(n) Evaluating Insecticide Exposure Risk for Grassland Wildlife on Public Lands

 

 

 

 

$250,000 the second year is from the trust fund to the commissioner of natural resources to evaluate exposure risks of grassland wildlife to soybean aphid insecticides, to guide grassland management in farmland regions of Minnesota for the protection of birds, beneficial insects, and other grassland wildlife.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(o) Development of Innovative Cost-Saving Methodology for Forest Inventory

 

 

 

 

$1,000,000 the second year is from the trust fund to the commissioner of natural resources to develop and pilot a new and more cost-effective methodology for an enhanced stand-based forest inventory, with the goal of extending the methodology statewide.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(p) Evaluation of Tree Retention Guidelines Pertaining to Wildlife

 

 

 

 

$232,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to assess the effectiveness of the Minnesota Forest Resources Council tree retention guidelines in sustaining Minnesota's wildlife populations, by quantifying and evaluating the impacts on birds, small mammals, and amphibian diversity.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


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(q) Determine Impacts on Wildlife From Emerald Ash Borer Infection of Black Ash Forests

 

 

 

 

$334,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Natural Resources Research Institute in Duluth to assess impacts of emerald ash borer and adaptive management on wildlife diversity in black ash forests and to develop recommendations to mitigate wildlife impacts.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(r) Aggregate Mapping

 

 

 

 

 

$1,500,000 the second year is from the trust fund to the commissioner of natural resources to map the extent and quality of aggregate resources in counties that have not previously been mapped.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(s) Pineland Sands Lands and Water Study

 

 

 

 

 

$1,500,000 the second year is from the trust fund to the commissioner of natural resources to study the impact of changes in land use from forest land to irrigated agriculture in the Pineland Sands aquifer along the Crow Wing River.  This appropriation is available until June 30, 2021, and is not subject to Minnesota Statutes, sections 116P.05, subdivision 2, paragraph (b), and 116P.09, subdivision 4.

 

Subd. 4.  Water Resources

 

-0-

 

8,349,000

 

(a) Tracking and Preventing Harmful Algal Blooms

 

 

 

 

 

$500,000 the second year is from the trust fund to the Science Museum of Minnesota for the St. Croix Watershed Research Station to identify species composition and timing of harmful algal blooms, understand the causes of bloom development in individual lakes, and determine how nutrients and climate interact to increase harmful algae outbreaks.  This work must be done in cooperation with the University of Minnesota and the Minnesota Pollution Control Agency.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(b) Assessing the Increasing Harmful Algal Blooms in Minnesota Lakes

 

 

 

 

$270,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Saint Anthony Falls Laboratory to investigate lake processes and meteorological


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conditions triggering algal blooms and toxin production, develop models for tracking blooms, and provide outreach on the prediction, detection, and impacts of mitigation of algal bloom events.  This work must be done in cooperation with the St. Croix Watershed Research Station of the Science Museum of Minnesota and the Minnesota Pollution Control Agency.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(c) Restoring Native Mussels in Streams and Lakes

 

 

 

 

 

$600,000 the second year is from the trust fund to the commissioner of natural resources in cooperation with the Minnesota Zoological Garden for a statewide mussel program to rear, restore, and re-establish native mussel species in streams and rivers.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(d) Assessing Techniques for Eliminating Contaminants to Protect Native Fish and Mussels

 

 

 

 

$287,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the University of St. Thomas to evaluate the use of ultraviolet treatment of wastewater to remove certain commonly detected wastewater contaminants, in order to reduce the contaminants' toxicity to native fish and mussels.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(e) Assessing Neonicotinoid Insecticide Effects on Aquatic and Soil Communities

 

 

 

 

$400,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to identify neonicotinoid insecticide breakdown components produced in water and plant leaves and assess their toxicity to soil and aquatic species and related biotic communities.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(f) Bacterial Assessment of Groundwater Supplies Used for Drinking Water

 

 

 

 

$299,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to characterize and analyze bacterial communities in Minnesota groundwater used as drinking water supplies and link the microbiological data to other water


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quality indicators for drinking water supply safety.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(g) Understanding Bedrock Fracture Flow to Improve Groundwater Quality

 

 

 

 

$183,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Minnesota Geological Survey to use new techniques of borehole testing and rock fracture mapping in the Twin Cities metropolitan area to achieve a better understanding of groundwater flow through fractured bedrock, in order to improve groundwater management.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(h) Protection of State's Confined Drinking Water Aquifers - Phase II

 

 

 

 

$433,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the United States Geological Survey to continue to test methods of defining properties of confined drinking water aquifers, in order to improve water management.  This appropriation is not subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(i) Techniques for Water Storage Estimates in Central Minnesota

 

 

 

 

$250,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to improve water storage estimates in groundwater, soil moisture, streams, lakes, and wetlands through integration of satellite monitoring and ground‑based measurements in central Minnesota.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(j) Assessment of Surface Water Quality with Satellite Sensors

 

 

 

 

$345,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for a statewide assessment of water quality using new satellite sensors for high frequency measurement of major water quality indicators in lakes and rivers.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


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(k) Development of Innovative Sensor Technologies for Water Monitoring

 

 

 

 

$509,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop inexpensive and efficient sensitive sensors and wireless sensor networks for continuous monitoring of contaminants in lakes and rivers in Minnesota.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(l) Wastewater Treatment Process Improvements

 

 

 

 

 

$398,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to characterize and quantify the nutrient-removing microorganisms used for municipal wastewater treatment, in order to improve the process used to reduce total nitrogen discharge.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(m) Membrane-Based Process for Decentralized Drinking Water Production

 

 

 

 

$191,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop a low-energy use, membrane-based treatment technology to produce drinking water locally from surface waters by removing heavy metals and contaminants of emerging concern, including pesticides and pharmaceuticals.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(n) Analyzing Alternatives for Municipal Wastewater Treatment

 

 

 

 

$180,000 the second year is from the trust fund to the commissioner of the Minnesota Pollution Control Agency to analyze alternatives for improved treatment of sulfate and salty parameters at municipal wastewater plants to inform the development and implementation of wild rice, sulfate, and other water quality standards.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


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(o) Understanding Impacts of Salt Usage on Minnesota Lakes, Rivers, and Groundwater

 

 

 

 

$497,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to quantify the current water-softening salt loads in Minnesota lakes, rivers, and groundwater, assess alternative water-softening materials and methods, and quantify the transport of de-icing and water‑softening salt through the soil.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(p) Microbes for Salt and Metal Removal

 

 

 

 

 

$596,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to continue to research the potential of recently discovered microbes from Soudan Iron Mine in northern Minnesota for removing salts and metals from groundwater and surface water resources.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(q) Engineered Biofilter for Sulfate and Metal Removal from Mine Waters

 

 

 

 

$440,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop an efficient, low-cost, biomass-derived adsorbent material for use in bioactive filters able to remove sulfate and metals from mining-impacted waters.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(r) Developing Biosponge Technology for Removal of Nitrates from Minnesota Waters

 

 

 

 

$198,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to adapt and test an inexpensive biosponge technology for its effectiveness at removing nitrates from drinking water.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(s) Morrison County Performance Drainage and Hydrology Management

 

 

 

 

$209,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Morrison Soil and Water Conservation District to conduct an


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assessment of drainage infrastructure, in order to develop hydrology restoration priorities and a countywide performance drainage ordinance to address land use-change impacts to the hydrogeology.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(t) Agricultural and Urban Runoff Water Quality Treatment Analysis - Phase II

 

 

 

 

$110,000 the second year is from the trust fund to the Board of Water and Soil Resources for an agreement with the Blue Earth County Drainage Authority to continue monitoring a model demonstration for storage and treatment options in drainage systems designed to improve agricultural and urban water quality by reducing soil erosion, peak water flows, and nutrient loading.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(u) Surface Water Bacterial Treatment System Pilot Project

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Vadnais Lake Area Water Management Organization to reduce bacteria and nutrient loads to Vadnais Lake, a drinking water supply reservoir, through implementation and evaluation of a subsurface constructed wetland as a best management practice for potential statewide use.  The Vadnais Lake Area Water Management Organization must consider contracting with the University of Minnesota Department of Civil, Environmental, and Geo-Engineering to evaluate the effectiveness of the pilot treatment system so that it maximizes benefits and can be replicated elsewhere.  This appropriation is available until June 30, 2021, by which time the project must be completed and final products delivered.

 

(v) Assessing Effectiveness of Wetland Restorations for Improved Water Quality

 

 

 

 

$420,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to quantify the environmental benefits of sediment removal and native plant communities in wetland restorations by measuring resulting reductions in nitrogen and phosphorus delivery to groundwater and surface water.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


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(w) Assessing Climate Change Effects on Release of Mercury and Sulfur into Aquatic Ecosystems

 

 

 

 

$300,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to determine the effects of increased temperatures on the release of mercury and sulfur from Minnesota peatlands in order to help predict impacts on aquatic ecosystems and fish health.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(x) Integrated Targeted Watershed Planning Tools with Citizen Involvement

 

 

 

 

$169,000 the second year is from the trust fund to the Board of Trustees of the Minnesota State Colleges and Universities system for the Water Resources Center at Minnesota State University, Mankato, to use geographic information system (GIS) prioritization and modeling tools to develop pollution reduction strategies in five priority subwatersheds in the Le Sueur River watershed and to promote implementation of the reduction strategies through citizen involvement and outreach.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(y) Roseau Lake Watershed Targeted Water Quality Improvement

 

 

 

 

$65,000 the second year is from the trust fund to the commissioner of natural resources to develop targeted water quality improvements for the Roseau Lake watershed by coordinating with partner agencies to identify the top priority field scale best management and conservation practices to implement in the region.

 

Subd. 5.  Environmental Education

 

-0-

 

2,812,000

 

(a) Minnesota Conservation Apprentice Academy

 

 

 

 

 

$433,000 the second year is from the trust fund to the Board of Water and Soil Resources in cooperation with Conservation Corps Minnesota and Iowa for the final phase of a program to train and mentor future conservation professionals by providing apprenticeship service opportunities with local soil and water conservation districts in Minnesota.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 


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(b) School Forests Outdoor Classrooms

 

 

 

 

 

$440,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Conservation Corps Minnesota and Iowa to renovate and restore 60 school forests.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(c) Youth-Led Sustainability Projects in 50 Minnesota Communities - Phase III

 

 

 

 

$400,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Prairie Woods Environmental Learning Center to expand the Youth Energy Summit (YES!) program statewide to complete more than 200 new youth-led climate change mitigation and adaptation projects in over 50 Minnesota communities.

 

(d) New Prairie Sportsman Statewide Broadcast Video Project

 

 

 

 

$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Pioneer Public Television to provide outreach on outdoor recreation, conservation, and natural resource issues, including water quality, wildlife habitat, and invasive species, through a series of interrelated public forums, educational and training videos, and statewide broadcast television programs.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(e) Wildlife and Habitat Conservation Education for Southwest Minnesota High Schools

 

 

 

 

$147,000 the second year is from the trust fund to the Minnesota Zoological Garden to engage high school students in critical prairie wildlife and habitat conservation projects by using the zoo's unique animal collections and state-of-the-art technology to deliver hands‑on learning in 12 southwestern Minnesota high schools.

 

(f) Standards-Based Dakota Indian Land Stewardship Education

 

 

 

 

$197,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Dakota Wicohan to enhance the capacity of approximately 1,250 students to be stewards of the land in Minnesota by learning about Dakota Indian values and environmental principles through a standards‑based experiential multimedia curriculum.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


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(g) Wolf Management Education in the Classroom - Phase II

 

 

 

 

$240,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the International Wolf Center to expand the Wolves at Our Door classroom education program to assist students in understanding wolves and associated management issues.

 

(h) Master Water Steward Program Expansion

 

 

 

 

 

$116,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Freshwater Society to train community volunteers as master water stewards who will work with neighborhoods to install water management projects that preserve and restore water quality.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(i) Promoting Water Quality Stewardship through Student Mentoring and River Monitoring

 

 

 

 

$39,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Southwest Minnesota State University to partner with area schools to deliver inquiry‑based, hands-on learning and mentoring on water quality stewardship between university agriculture students and high school and middle school students.

 

(j) Wildlife Science Center

 

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Wildlife Science Center to provide environmental education programs using ambassador wild animals.

 

Subd. 6.  Aquatic and Terrestrial Invasive Species

 

-0-

 

5,860,000

 

(a) Minnesota Invasive Terrestrial Plants and Pests Center - Phase III

 

 

 

 

$3,750,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the Invasive Terrestrial Plants and Pests Center to conduct research to prevent, minimize, and mitigate the threats and impacts posed by terrestrial invasive plants, pathogens, and pests to the state's prairies, forests, wetlands, and agricultural resources.  This appropriation is available until June 30, 2023, by which time the project must be completed and final products delivered.


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(b) Developing Membrane Filtration System to Treat Lake Superior Ballast Water

 

 

 

 

$151,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop a filtration system utilizing bioactive membrane technologies for use in treating Lake Superior ballast water to remove at least 90 percent of suspended pathogens, invasive species, and contaminants.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(c) Advancing Microbial Invasive Species Monitoring from Ballast Discharge

 

 

 

 

$368,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to identify bacteria in ship ballast water and St. Louis River estuary sediments, assess the risks posed by invasive bacteria, and evaluate treatment techniques for effectiveness at removing the bacteria from ballast water.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(d) Biological Control of White Nose Syndrome in Bats - Phase II

 

 

 

 

$452,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to continue research to identify, develop, and optimize biocontrol agents for white nose syndrome in bats by evaluating the biocontrol effectiveness of microbes collected at additional hibernacula throughout the state and conducting baseline characterization of the total bat microbiomes.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(e) Elimination of Target Invasive Plant Species - Phase II

 

 

 

 

$750,000 the second year is from the trust fund.  Of this amount, $511,000 is to the commissioner of agriculture and $239,000 is to the Board of Regents of the University of Minnesota to train volunteers and professionals to find, control, and monitor targeted newly emergent invasive plant species.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(f) Dutch Elm Disease Resistance - Phase II

 

 

 

 

 

$200,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to continue to identify and evaluate native Minnesota elms that are resistant to Dutch elm


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disease and begin propagating disease-resistant specimens for field trial testing.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(g) Invasive Carp Management Research in Lake Nokomis Subwatershed

 

 

 

 

$189,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minneapolis Park and Recreation Board to apply current invasive carp management research to the entire Lake Nokomis subwatershed and provide demonstration guidance for large-scale carp management.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

Subd. 7.  Air Quality, Climate Change, and Renewable Energy

 

-0-

 

 

2,290,000

 

(a) Community Solar Garden Installation

 

 

 

 

 

$490,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Rural Renewable Energy Alliance to install a 200-kilowatt community solar garden to provide for electrical distribution in Cass, Beltrami, Hubbard, and Itasca Counties, to assist households in the Minnesota low-income housing energy assistance program in meeting electrical energy needs and serve as a model for low‑income energy assistance elsewhere in the state.  This appropriation is not subject to Minnesota Statutes, section 116P.10. 

 

(b) Waste Heat Recovery with Efficient Thermoelectric Energy Generators

 

 

 

 

$400,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop thermoelectric energy generators using advanced, high-performance materials able to more efficiently capture waste heat and transform the heat into electricity.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(c) Hydrogen Fuel from Wind-Produced Renewable Ammonia

 

 

 

 

$400,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to develop a technical solution for converting wind-produced ammonia to hydrogen through catalytic decomposition, for use in reducing emissions from diesel engines and powering fuel cell vehicles.  This


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appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(d) Utilization of Dairy Farm Wastewater for Sustainable Production

 

 

 

 

$500,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the West Central Research and Outreach Center in Morris to develop and evaluate an integrated system that recycles and uses nutrients in dairy wastewater from feedlots and milk processing, thereby reducing nutrients from agricultural runoff, and to provide outreach on adoption of new technologies.  This appropriation is subject to Minnesota Statutes, section 116P.10.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(e) Solar Energy Utilization for Minnesota Swine Farms - Phase II

 

 

 

 

$500,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for the West Central Research and Outreach Center in Morris to continue to develop and evaluate the utilization of solar photovoltaic systems at swine facilities to improve energy and economic performance, reduce fossil fuel usage and emissions, and optimize water usage.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

Subd. 8.  Methods to Protect, Restore, and Enhance Land, Water, and Habitat

 

-0-

 

 

8,929,000

 

(a) Bee Pollinator Habitat Enhancement - Phase II

 

 

 

 

 

$387,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to continue assessment of the potential to supplement traditional turf grass by providing critical floral plant resources to enhance bee pollinator habitat.  Plant materials and seeds must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(b) Measuring Pollen and Seed Dispersal for Prairie Fragment Connectivity

 

 

 

 

$556,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to determine habitat connectivity between prairie fragments by measuring plant


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movement by dispersal of pollen and seeds to improve prairie restoration implementation.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(c) Establishment of Permanent Habitat Strips Within Row Crops

 

 

 

 

$179,000 the second year is from the trust fund to the Science Museum of Minnesota for the St. Croix Watershed Research Station to research the viability of establishing prairie forbs and alfalfa as permanent cover strips in the bare soil between selected rows of corn and soybeans as potential pollinator, monarch, and gamebird habitat.  Monitoring of the native plant strips must evaluate the effects of pesticides from adjacent crops on pollinators, including determining whether there is a reduction of pollinators that results in reduced setting of seeds on the native plants.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(d) Evaluate Prescribed Burning Techniques to Improve Habitat Management for Brushland Species

 

 

 

 

$267,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota to compare the effects on brushland habitat of conducting prescribed burning in spring, summer, and fall to provide improved management guidelines for wildlife habitat.  This appropriation is available until June 30, 2020, by which time the project must be completed and final products delivered.

 

(e) Controlling Reed Canary Grass to Regenerate Floodplain Forest

 

 

 

 

$218,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Minnesota state office of the National Audubon Society to determine the most effective regeneration methods for restoration of floodplain forests in southeast Minnesota impacted by invasive reed canary grass.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(f) Forest Management for Mississippi River Drinking Water Protection

 

 

 

 

$300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the Crow Wing Soil and Water Conservation District to pilot a water protection approach for the watershed through development of


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forest stewardship plans and targeted riparian forest restoration projects.  Any expenditures from this appropriation spent on forest management plans or restoration must be for lands with a long‑term contract commitment for forest conservation, and the restoration must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(g) Upland, Wetland, and Shoreline Restoration in Greater Metropolitan Area

 

 

 

 

$509,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to restore approximately 150 acres of forest, prairie, woodland, and wetland and 0.15 miles of shoreline throughout the greater Twin Cities metropolitan area, using volunteers, and to conduct restoration evaluation on previously restored parcels.  A list of proposed restorations and evaluations must be provided as part of the required work plan.  Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(h) Bluffland Restoration and Monitoring in Winona

 

 

 

 

 

$99,000 the second year is from the trust fund to the Board of Trustees of the Minnesota State Colleges and Universities system for Winona State University to inventory, restore, and monitor the 40-acre Garvin Heights Natural Area in Winona and provide related public outreach and education.  Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(i) Champlin Mill Pond Shoreland Restoration

 

 

 

 

 

$2,000,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Champlin to restore the Champlin Mill Pond shoreline and adjacent habitat.  Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.


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(j) Reinvest In Minnesota (RIM)

 

 

 

 

 

$2,214,000 the second year is from the trust fund to the Board of Water and Soil Resources to acquire permanent conservation easements and restore wetlands and associated upland habitat under Minnesota Statutes, section 103F.515.

 

(k) Pollinator Highway Demonstration Projects

 

 

 

 

 

$2,200,000 the second year is from the trust fund to the commissioner of transportation to restore and enhance wildlife habitat along trunk highways, including:  marked Interstate Highway 35, one north and one south of the metropolitan area; marked Interstate Highway 90; and two locations along marked Interstate Highway 94.  This appropriation is available until June 30, 2022, and must include a five-year restoration process.  This appropriation is not subject to Minnesota Statutes, sections 116P.05, subdivision 2, paragraph (b), and 116P.09, subdivision 4.

 

Subd. 9.  Land Acquisition, Habitat, and Recreation

 

-0-

 

6,565,000

 

(a) Scientific and Natural Area Restoration

 

 

 

 

 

$1,386,000 the second year is from the trust fund to the commissioner of natural resources to restore and improve approximately 750 acres of scientific and natural areas.  A list of proposed restorations must be provided as part of the required work plan.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(b) Conservation Easements in Avon Hills - Phase III

 

 

 

 

 

$1,300,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Saint John's University in cooperation with Minnesota Land Trust to secure permanent conservation easements on approximately 500 acres of high-quality habitat in Stearns County, prepare conservation management plans, and provide public outreach.  A list of proposed easement acquisitions must be provided as part of the required work plan.  An entity that acquires a conservation easement with appropriations from the trust fund must have a long‑term stewardship plan for the easement and a fund established for monitoring and enforcing the agreement.  Funding for the long‑term monitoring and enforcement fund must come from nonstate sources for easements acquired with this appropriation.  The state may enforce requirements in the conservation easements on land acquired with this appropriation and the conservation easement document must state this authority and explicitly include requirements for water quality and quantity protection.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 


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(c) Lincoln Pipestone Rural Water System Acquisition for Wellhead Protection

 

 

 

 

$1,500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Lincoln Pipestone Rural Water to acquire and restore lands designated under an approved wellhead protection plan.  Lands acquired with this appropriation must be from willing sellers and be identified by the Department of Health as targeted vulnerable lands for wellhead protection.  Lands must be restored to permanent vegetative cover, but may be used for recreation and renewable energy if adequate protection of the drinking water aquifer is provided.  A list of proposed acquisitions must be provided as part of the required work plan.  Plant and seed materials must follow the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  Income derived from the lands acquired with funds appropriated under this paragraph is exempt from Minnesota Statutes, section 116P.10, if used for additional wellhead protection as provided under this paragraph until adequate wellhead protection has been achieved, as determined by the commissioner of health.  Any income earned after that must be returned to the environment and natural resources trust fund.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered. 

 

(d) Mesabi Trail Segment from Highway 135 to Town of Embarrass

 

 

 

 

$1,200,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the St. Louis and Lake Counties Regional Railroad Authority for engineering and construction of segments of the Mesabi Trail, totaling approximately six miles between Highway 135 and the town of Embarrass.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(e) Tower Historic Harbor Trail Connections

 

 

 

 

 

$679,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Tower to construct recreational trails along the harbor in Tower and to connect to the Mesabi Trail.  This appropriation is available until June 30, 2019, by which time the project must be completed and final products delivered.

 

(f) Otter Tail River Recreational Trail Acquisition

 

 

 

 

 

$500,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with the city of Fergus Falls to acquire approximately 16 acres along the Otter


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Tail River for a recreational trail and park.  This appropriation is contingent on at least an equal match of nonstate money.  Prior to the acquisition, a phase 1 environmental assessment must be completed and the city must not accept any liability for previous contamination of lands acquired with this appropriation.

 

Subd. 10.  Emerging Issues Account

 

-0-

 

164,000

 

$164,000 the second year is from the trust fund to an emerging issues account authorized in Minnesota Statutes, section 116P.08, subdivision 4, paragraph (d).

 

Subd. 11.  Administration

 

-0-

 

210,000

 

(a) Contract Agreement Reimbursement

 

 

 

 

 

$135,000 the second year is from the trust fund to the commissioner of natural resources, at the direction of the Legislative-Citizen Commission on Minnesota Resources, for expenses incurred for contract agreement reimbursement for the agreements specified in this section.  The commissioner shall provide documentation to the Legislative-Citizen Commission on Minnesota Resources on the expenditure of these funds.

 

(b) Grants Management System

 

 

 

 

 

$75,000 the second year is from the trust fund to the Legislative‑Citizen Commission on Minnesota Resources for upgrading and modernizing a project records management system.

 

Subd. 12.  Availability of Appropriations

 

 

 

 

 

Money appropriated in this section may not be spent on activities unless they are directly related to and necessary for a specific appropriation and are specified in the work plan approved by the Legislative-Citizen Commission on Minnesota Resources.  Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges that are not directly related to and necessary for a specific appropriation.  Costs that are directly related to and necessary for an appropriation, including financial services, human resources, information services, rent, and utilities, are eligible only if the costs can be clearly justified and individually documented specific to the appropriation's purpose and would not be generated by the recipient but for the receipt of the appropriation.  No broad allocations for costs in either dollars or percentages are allowed.  Unless otherwise provided, the amounts in this section are available until June 30, 2018, when projects must be completed and final products delivered.  For acquisition of real property, the appropriations in this section are available for an additional fiscal year if a binding contract for acquisition of the real property is entered into before the expiration


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date of the appropriation.  If a project receives a federal grant, the time period of the appropriation is extended to equal the federal grant period.

 

Subd. 13.  Data Availability Requirements

 

 

 

 

 

Data collected by the projects funded under this section must conform to guidelines and standards adopted by MN.IT Services.  Spatial data also must conform to additional guidelines and standards designed to support data coordination and distribution that have been published by the Minnesota Geospatial Information Office.  Descriptions of spatial data must be prepared as specified in the state's geographic metadata guideline and must be submitted to the Minnesota Geospatial Information Office.  All data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, chapter 13.  To the extent practicable, summary data and results of projects funded under this section should be readily accessible on the Internet and identified as having received funding from the environment and natural resources trust fund.

 

Subd. 14.  Project Requirements

 

 

 

 

 

(a) As a condition of accepting an appropriation under this section, an agency or entity receiving an appropriation or a party to an agreement from an appropriation must comply with paragraphs (b) to (l) and Minnesota Statutes, chapter 116P, and must submit a work plan and semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources for any project funded in whole or in part with funds from the appropriation.  Modifications to the approved work plan and budget expenditures must be made through the amendment process established by the Legislative-Citizen Commission on Minnesota Resources.

 

(b) A recipient of money appropriated in this section that conducts a restoration using funds appropriated in this section must use native plant species according to the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines and include an appropriate diversity of native species selected to provide habitat for pollinators throughout the growing season as required under Minnesota Statutes, section 84.973.

 

(c) For all restorations conducted with money appropriated under this section, a recipient must prepare an ecological restoration and management plan that, to the degree practicable, is consistent with the highest quality conservation and ecological goals for the restoration site.  Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration project.  The plan must include the proposed timetable for


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implementing the restoration, including site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and take advantage of the best available science and include innovative techniques to achieve the best restoration.

 

(d) An entity receiving an appropriation in this section for restoration activities must provide an initial restoration evaluation at the completion of the appropriation and an evaluation three years beyond the completion of the expenditure.  Restorations must be evaluated relative to the stated goals and standards in the restoration plan, current science, and, when applicable, the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines.  The evaluation must determine whether the restorations are meeting planned goals, identify any problems with the implementation of the restorations, and, if necessary, give recommendations on improving restorations.  The evaluation must be focused on improving future restorations.

 

(e) All restoration and enhancement projects funded with money appropriated in this section must be on land permanently protected by a conservation easement or public ownership.

 

(f) A recipient of money from an appropriation under this section must give consideration to contracting with Conservation Corps Minnesota for contract restoration and enhancement services.

 

(g) All conservation easements acquired with money appropriated under this section must:

 

(1) be permanent;

 

(2) specify the parties to an easement in the easement;

 

(3) specify all of the provisions of an agreement that are permanent;

 

(4) be sent to the Legislative-Citizen Commission on Minnesota Resources in an electronic format at least ten business days prior to closing;

 

(5) include a long-term monitoring and enforcement plan and funding for monitoring and enforcing the easement agreement; and

 

(6) include requirements in the easement document to address specific groundwater and surface water quality protection activities such as keeping water on the landscape, reducing nutrient and contaminant loading, protecting groundwater, and not permitting artificial hydrological modifications.


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(h) For any acquisition of lands or interest in lands, a recipient of money appropriated under this section must not agree to pay more than 100 percent of the appraised value for a parcel of land using this money to complete the purchase, in part or in whole, except that up to ten percent above the appraised value may be allowed to complete the purchase, in part or in whole, using this money if permission is received in advance of the purchase from the Legislative-Citizen Commission on Minnesota Resources.

 

(i) For any acquisition of land or interest in land, a recipient of money appropriated under this section must give priority to high‑quality natural resources or conservation lands that provide natural buffers to water resources.

 

(j) For new lands acquired with money appropriated under this section, a recipient must prepare an ecological restoration and management plan in compliance with paragraph (c), including sufficient funding for implementation unless the work plan addresses why a portion of the money is not necessary to achieve a high-quality restoration.

 

(k) To ensure public accountability for the use of public funds, within 60 days of the transaction, a recipient of money appropriated under this section must provide to the Legislative‑Citizen Commission on Minnesota Resources documentation of the selection process used to identify parcels acquired and provide documentation of all related transaction costs, including but not limited to appraisals, legal fees, recording fees, commissions, other similar costs, and donations.  This information must be provided for all parties involved in the transaction.  The recipient must also report to the Legislative‑Citizen Commission on Minnesota Resources any difference between the acquisition amount paid to the seller and the state-certified or state-reviewed appraisal, if a state-certified or state-reviewed appraisal was conducted.

 

(l) A recipient of an appropriation from the trust fund under this section must acknowledge financial support from the Minnesota environment and natural resources trust fund in project publications, signage, and other public communications and outreach related to work completed using the appropriation.  Acknowledgment may occur, as appropriate, through use of the trust fund logo or inclusion of language attributing support from the trust fund.  Each direct recipient of money appropriated in this section, as well as each recipient of a grant awarded pursuant to this section, must satisfy all reporting and other requirements incumbent upon constitutionally dedicated funding recipients as provided in Minnesota Statutes, section 3.303, subdivision 10, and chapter 116P.


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Subd. 15.  Payment Conditions and Capital Equipment Expenditures

 

 

 

 

(a) All agreements, grants, or contracts referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section.  Notwithstanding Minnesota Statutes, section 16A.41, expenditures made on or after July 1, 2016, or the date the work plan is approved, whichever is later, are eligible for reimbursement unless otherwise provided in this section.  Periodic payment must be made upon receiving documentation that the deliverable items articulated in the approved work plan have been achieved, including partial achievements as evidenced by approved progress reports.  Reasonable amounts may be advanced to projects to accommodate cash flow needs or match federal money.  The advances must be approved as part of the work plan.  No expenditures for capital equipment are allowed unless expressly authorized in the project work plan.

 

(b) Single-source contracts as specified in the approved work plan are allowed.

 

Subd. 16.  Purchase of Recycled and Recyclable Materials

 

 

 

 

A political subdivision, public or private corporation, or other entity that receives an appropriation under this section must use the appropriation in compliance with Minnesota Statutes, section 16C.0725, regarding purchase of recycled, repairable, and durable materials; and Minnesota Statutes, section 16C.073, regarding purchase and use of paper stock and printing.

 

Subd. 17.  Energy Conservation and Sustainable Building Guidelines

 

 

 

 

A recipient to whom an appropriation is made under this section for a capital improvement project must ensure that the project complies with the applicable energy conservation and sustainable building guidelines and standards contained in law, including Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and rules adopted under those sections.  The recipient may use the energy planning, advocacy, and State Energy Office units of the Department of Commerce to obtain information and technical assistance on energy conservation and alternative energy development relating to the planning and construction of the capital improvement project.

 

Subd. 18.  Accessibility

 

 

 

 

 

Structural and nonstructural facilities must meet the design standards in the Americans with Disabilities Act (ADA) accessibility guidelines.


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Subd. 19.  Carryforward; Extension

 

 

 

 

 

The availability of the appropriations for the following projects are extended to June 30, 2017:

 

(a) Laws 2013, chapter 52, section 2, subdivision 3, paragraph (c), County Geologic Atlases - Part B;

 

(b) Laws 2013, chapter 52, section 2, subdivision 4, paragraph (d), Metropolitan Conservation Corridors (MeCC) - Phase VII, $400,000 for the agreement with the Minnesota Valley National Wildlife Refuge Trust, Inc. only;

 

(c) Laws 2013, chapter 52, section 2, subdivision 4, paragraph (i), Conservation Grazing to Improve Wildlife Habitat on Wildlife Management Areas;

 

(d) Laws 2013, chapter 52, section 2, subdivision 5, paragraph (b), Assessment of Natural Copper-Nickel Bedrocks on Water Quality;

 

(e) Laws 2013, chapter 52, section 2, subdivision 5, paragraph (f), Evaluation of Lake Superior Water Quality Health;

 

(f) Laws 2013, chapter 52, section 2, subdivision 6, paragraph (c), Improving Emerald Ash Borer Detection Efficacy for Control;

 

(g) Laws 2014, chapter 226, section 2, subdivision 3, paragraph (l), Rainwater Reuse and Valuation Investigation;

 

(h) Laws 2014, chapter 226, section 2, subdivision 10, paragraph (c), Legislative-Citizen Commission on Minnesota Resources (LCCMR) for upgrade and modernization of a project records management system; and

 

(i) Laws 2014, chapter 226, section 2, subdivision 8, paragraph (b), Innovative Groundwater-Enhanced Geothermal Heat Pump Study.

 

Sec. 3.  Minnesota Statutes 2014, section 116P.05, subdivision 1, is amended to read:

 

Subdivision 1.  Membership.  (a) A Legislative-Citizen Commission on Minnesota Resources of 17 members is created in the legislative branch, consisting of the chairs of the house of representatives and senate committees on environment and natural resources finance or designees appointed for the terms of the chairs, four members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, and four members of the house of representatives appointed by the speaker.

 

At least two members from the senate and two members from the house of representatives must be from the minority caucus.  Members are entitled to reimbursement for per diem expenses plus travel expenses incurred in the services of the commission.

 

Seven citizens are members of the commission, five appointed by the governor, one appointed by the Senate Subcommittee on Committees of the Committee on Rules and Administration, and one appointed by the speaker of the house.  The citizen members are selected and recommended to the appointing authorities according to subdivision 1a and must:


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(1) have experience or expertise in the science, policy, or practice of the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources;

 

(2) have strong knowledge in the state's environment and natural resource issues around the state; and

 

(3) have demonstrated ability to work in a collaborative environment.

 

(b) Members shall develop procedures to elect a chair that rotates between legislative and citizen members each meeting.  A citizen member, a senate member, and a house of representatives member shall serve as chairs.  The citizen members, senate members, and house of representatives members must select their respective chairs.  The chair shall preside and convene meetings as often as necessary to conduct duties prescribed by this chapter.

 

(c) Appointed legislative members shall serve on the commission for two-year terms, beginning in January of each odd-numbered year and continuing through the end of December of the next even-numbered year.  Appointed citizen members shall serve four-year terms, beginning in January of the first year and continuing through the end of December of the final year.  Citizen and legislative members continue to serve until their successors are appointed.

 

(d) A citizen member may be removed by an appointing authority for cause.  Vacancies occurring on the commission shall not affect the authority of the remaining members of the commission to carry out their duties, and vacancies shall be filled for the remainder of the term in the same manner under paragraph (a).

 

(e) Citizen members shall be initially appointed according to the following schedule of terms:

 

(1) two members appointed by the governor for a term ending the first Monday in January 2010;

 

(2) one member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2010 and one member appointed by the speaker of the house for a term ending the first Monday in January 2010;

 

(3) two members appointed by the governor for a term ending the first Monday in January 2009; and

 

(4) one member appointed by the governor for a term ending the first Monday in January 2008.

 

(f) (e) Citizen members are entitled to per diem and reimbursement for expenses incurred in the services of the commission, as provided in section 15.059, subdivision 3.

 

(g) (f) The governor's appointments are subject to the advice and consent of the senate.

 

Sec. 4.  Minnesota Statutes 2015 Supplement, section 116P.05, subdivision 2, is amended to read:

 

Subd. 2.  Duties.  (a) The commission shall recommend an annual or biennial legislative bill for appropriations from the environment and natural resources trust fund and shall adopt a strategic plan as provided in section 116P.08.  Approval of the recommended legislative bill requires an affirmative vote of at least 12 members of the commission.  When selecting projects or programs for recommendation to the legislature, the commission must give priority to large-scale, on-the-ground projects and programs that provide tangible results.

 

(b) It is a condition of acceptance of the appropriations made from the Minnesota environment and natural resources trust fund, and oil overcharge money under section 4.071, subdivision 2, that the agency or entity receiving the appropriation must submit a work plan and semiannual progress reports in the form determined by the Legislative-Citizen Commission on Minnesota Resources, and comply with applicable reporting requirements under section 116P.16.  None of the money provided may be spent unless the commission has approved the pertinent work


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plan.  Modifications to the approved work plan and budget expenditures shall be made through the amendment process established by the commission.  The commission shall ensure that the expenditures and outcomes described in the work plan for appropriations funded by the environment and natural resources trust fund are met.

 

(c) The peer review procedures created under section 116P.08 must also be used to review, comment, and report to the commission on research proposals applying for an appropriation from the oil overcharge money under section 4.071, subdivision 2.

 

(d) The commission may adopt operating procedures to fulfill its duties under this chapter.

 

(e) As part of the operating procedures, the commission shall:

 

(1) ensure that members' expectations are to participate in all meetings related to funding decision recommendations;

 

(2) recommend adequate funding for increased citizen outreach and communications for trust fund expenditure planning;

 

(3) allow administrative expenses as part of individual project expenditures based on need;

 

(4) provide for project outcome evaluation;

 

(5) keep the grant application, administration, and review process as simple as possible; and

 

(6) define and emphasize the leveraging of additional sources of money that project proposers should consider when making trust fund proposals.

 

Sec. 5.  Minnesota Statutes 2014, section 116P.08, subdivision 4, is amended to read:

 

Subd. 4.  Legislative recommendations.  (a) Funding may be provided only for those projects that meet the categories established in subdivision 1.

 

(b) The commission must recommend an annual or biennial legislative bill to make appropriations from the trust fund for the purposes provided in subdivision 1.  The recommendations must be submitted to the governor for inclusion in the biennial budget and supplemental budget submitted to the legislature.

 

(c) The commission may recommend regional block grants for a portion of trust fund expenditures to partner with existing regional organizations that have strong citizen involvement, to address unique local needs and capacity, and to leverage all available funding sources for projects.

 

(d) The commission may recommend the establishment of an emerging issues account in its legislative bill for funding projects or programs addressing emerging issues requiring urgency, which come up unexpectedly, but which still adhere to the commission's strategic plan, to be approved by the governor after initiation and recommendation by the commission.  Projects or programs funded from the emerging issues account must not be projects or programs being considered by the commission for its next legislative bill, unless the project or program receives funding from the emerging issues account sufficient to complete the project or program or otherwise provide measurable outcomes without the need for additional funding.

 

(e) Money in the trust fund may not be spent except under an appropriation by law.


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Sec. 6.  Minnesota Statutes 2015 Supplement, section 116P.08, subdivision 5, is amended to read:

 

Subd. 5.  Public meetings.  (a) Meetings of the commission, committees or subcommittees of the commission, technical advisory committees, and peer reviewers must be open to the public and are subject to chapter 13D.  The commission shall attempt to meet throughout various regions of the state during each biennium.  For purposes of this subdivision, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the commission, a committee or subcommittee of the commission, a technical advisory committee, or peer reviewers.

 

(b) For legislative members of the commission, enforcement of this subdivision is governed by section 3.055, subdivision 2.  For nonlegislative members of the commission, enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.

 

Sec. 7.  [116P.19] DONATIONS.

 

A recipient of money from the trust fund must not accept a monetary donation or payment from an owner of land that is acquired in fee in whole or in part with an appropriation from the trust fund that exceeds the documented expenses that are directly related to and necessary for activities specified in the work plan approved by the commission, unless expressly approved by the commission in the work plan.  This section does not apply to:

 

(1) donations that are not connected with the acquisition transaction; or

 

(2) bargain sales, as defined by Code of Federal Regulations, title 26, section 1.1011-2, provided that the purchase price reimbursed by the state does not exceed the purchase price paid by the recipient.

 

Sec. 8.  [116P.20] EASEMENT MONITORING AND ENFORCEMENT REQUIREMENTS.

 

A recipient of money appropriated from the trust fund for easement monitoring and enforcement may spend the money only on activities included in an easement monitoring and enforcement plan contained within the work plan.  Money received for monitoring and enforcement, including earnings on the money received, must be kept in a monitoring and enforcement fund held by the recipient and dedicated to monitoring and enforcing conservation easements in Minnesota.  A recipient of an appropriation for easement monitoring and enforcement must, within 120 days after the close of the recipient's fiscal year, provide an annual financial report to the commission or the commission's successor on the easement monitoring and enforcement fund as specified in the work plan.  Money appropriated from the trust fund for monitoring and enforcement of easements and earnings on the money appropriated revert to the state if:

 

(1) the easement transfers to the state;

 

(2) the recipient fails to file an annual financial report and then fails to cure the default within 30 days of notification of the default by the state; or

 

(3) the recipient fails to comply with the terms of the monitoring and enforcement plan contained within the work plan and fails to cure the default within 90 days of notification of the default by the state.

 

Sec. 9.  Minnesota Statutes 2014, section 137.025, is amended by adding a subdivision to read:

 

Subd. 2a.  Appropriations from Minnesota environment and natural resources trust fund.  (a) The commissioner of management and budget shall pay no money to the University of Minnesota pursuant to a direct appropriation from the Minnesota environment and natural resources trust fund until the University of Minnesota requests reimbursement for expenditures related to the direct appropriation.  The reimbursement request shall


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specify expenditures by appropriation.  The commissioner of management and budget shall reimburse the University of Minnesota by the 25th day of the month following the reimbursement request.  If the 25th day of the month falls on a Saturday, Sunday, or holiday, the payment must be made by the first business day immediately following the 25th day of the month.

 

(b) For each year the appropriation is available, the University of Minnesota must submit an encumbrance request to the commissioner of management and budget by July 31 for the prior fiscal year.  The encumbrance request shall identify the amount the university anticipates it will request for reimbursement for expenses in the prior fiscal year by appropriation.  The commissioner of management and budget shall maintain this amount as an encumbrance at the state level until the university submits its final reimbursement request for that fiscal year.

 

(c) Final requests for reimbursement must be made within 90 days from the last day the appropriation is available to reimburse expenditures."

 

Delete the title and insert:

 

"A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying provisions for Legislative-Citizen Commission on Minnesota Resources; adding requirements for use of trust fund money; amending Minnesota Statutes 2014, sections 116P.05, subdivision 1; 116P.08, subdivision 4; 137.025, by adding a subdivision; Minnesota Statutes 2015 Supplement, sections 116P.05, subdivision 2; 116P.08, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 116P."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hansen moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:

 

Page 46, line 10, after "results" insert "and comply with section 116P.03"

 

 

Hansen moved to amend the Hansen amendment to S. F. No. 2963, the first engrossment, as amended, as follows:

 

Page 1, after line 2, insert:

 

"Page 44, after line 17, insert:

 

"Sec. 3.  Minnesota Statutes 2014, section 116P.03, is amended to read:

 

116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING; APPROPRIATIONS.

 

(a) The trust fund may not be used as a substitute for traditional sources of funding environmental and natural resources activities, but the trust fund shall supplement the traditional sources, including those sources used to support the criteria in section 116P.08, subdivision 1.  The trust fund must be used primarily to support activities whose benefits become available only over an extended period of time.

 

(b) The commission must determine the amount of the state budget spent from traditional sources to fund environmental and natural resources activities before and after the trust fund is established and include a comparison of the amount in the report under section 116P.09, subdivision 7.


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(c) For the fiscal year beginning July 1, 2007, and each year thereafter, the amount of the environment and natural resources trust fund that is available for appropriation under the terms of the Minnesota Constitution, article XI, section 14, shall be appropriated by law.

 

(d) The amount appropriated from the environment and natural resources trust fund may be spent only for the public purpose of protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources.  Recommendations made by the commission under this chapter must be consistent with the Minnesota Constitution, article XI, section 14; this chapter; and the strategic plan adopted under section 116P.08, subdivision 3, and must demonstrate a direct benefit to the state's environment and natural resources.

 

(e) Use of nontoxic shot is required on lands protected, conserved, preserved, or enhanced with money appropriated from the trust fund.""

 

Page 1, after line 3, insert:

 

"Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hansen amendment to the Hansen amendment and the roll was called.  There were 44 yeas and 84 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Masin

Mullery

Murphy, E.

Norton

Pinto

Rosenthal

Schultz

Selcer

Simonson

Slocum

Thissen

Wagenius

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Lucero

Lueck

Mack

Marquart

McDonald

McNamara

Metsa

Miller

Moran

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

      The motion did not prevail and the amendment to the amendment was not adopted.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8146

           The question recurred on the Hansen amendment to S. F. No. 2963, the first engrossment, as amended.  The motion did not prevail and the amendment was not adopted.

 

 

Hackbarth moved to amend S. F. No. 2963, the first engrossment, as amended, as follows:

 

Page 3, delete lines 28 to 36

 

Page 4, delete lines 1 to 7

 

Reletter the paragraphs in sequence

 

Page 9, after line 12, insert:

 

"(t) Natural Resources Research Institute

 

 

 

 

 

$2,987,000 the second year is from the trust fund to the Board of Regents of the University of Minnesota for academic and applied research through MnDRIVE at the Natural Resources Research Institute for projects that include, but are not limited to, the creation of a portfolio of waterborne sulfate reduction technologies and the development of technologies for current and emerging environmental and natural resources opportunities.  This appropriation is available until June 30, 2018, and is not subject to Minnesota Statutes, section 116P.05, subdivision 2."

 

Page 12, delete lines 19 to 36

 

Page 13, delete lines 1 to 6

 

Page 15, delete lines 1 to 26

 

Reletter the paragraphs in sequence

 

Page 20, delete lines 1 to 15

 

Reletter the paragraphs in sequence

 

Page 27, delete lines 15 to 26

 

Reletter the paragraphs in sequence

 

Adjust amounts accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 99th Day - Friday, May 13, 2016 - Top of Page 8147

           The question was taken on the Hackbarth amendment and the roll was called.  There were 70 yeas and 58 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Lucero

Lueck

Mack

McDonald

McNamara

Murphy, M.

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Applebaum

Atkins

Backer

Baker

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.