Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3565

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2011

 

_____________________

 

FIFTY-FOURTH DAY

 

Saint Paul, Minnesota, Thursday, May 12, 2011

 

 

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

 

      Prayer was offered by the Very Reverend Joseph Johnson, Rector, Cathedral of St. Paul, St. Paul, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Buesgens

Carlson

Champion

Clark

Cornish

Crawford

Daudt

Davids

Davnie

Dean

Dettmer

Dill

Dittrich

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Greene

Greiling

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Johnson

Kahn

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Laine

Lanning

Leidiger

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Mariani

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murdock

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Rukavina

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      A quorum was present.

 

      Smith was excused until 11:15 a.m.

 

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


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3566

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Howes from the Committee on Capital Investment to which was referred: 

 

H. F. No. 959, A bill for an act relating to capital investment; appropriating money for flood hazard mitigation grants; authorizing the sale and issuance of state bonds.

 

Reported the same back with the following amendments: 

 

Delete everything after the enacting clause and insert: 

 

Section 1.  CAPITAL IMPROVEMENT APPROPRIATIONS. 

 

The sums shown in the column under "Appropriations" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent for public purposes.  Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire and better public land and buildings and other public improvements of a capital nature, or as authorized by the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or article XIV.  Unless otherwise specified, money appropriated in this act for a capital program or project may be used to pay state agency staff costs that are attributed directly to the capital program or project in accordance with accounting policies adopted by the commissioner of management and budget.  Unless otherwise specified, the appropriations in this act are available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.

 

SUMMARY

 

Natural Resources

 

$45,000,000

Bond Sale Expenses

 

45,000

 

 

 

TOTAL

 

$45,045,000

 

 

 

Bond Proceeds Fund (General Fund Debt Service)

 

45,045,000

 

 

 

 

 

 

APPROPRIATIONS

 

Sec. 2.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$45,000,000

 

To the commissioner of natural resources for the purposes specified in this section.

 

The appropriations in this section are subject to the requirements of the natural resources capital improvement program under Minnesota Statutes, section 86A.12, unless this section or the statutes referred to in this section provide more specific standards, criteria, or priorities for projects than Minnesota Statutes, section 86A.12.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3567

Subd. 2.  Flood Hazard Mitigation Grants

 

 

 

28,000,000

 

(a) For the state share of flood hazard mitigation grants for publicly owned capital improvements to prevent or alleviate flood damage under Minnesota Statutes, section 103F.161.  Project priorities shall be determined by the commissioner as appropriate, based on need.

 

(b) To the extent that the cost of a project exceeds two percent of the median household income in the municipality or unit of government on the commissioner's priority list multiplied by the number of households in the municipality or unit of government on the commissioner's priority list, this appropriation is also for the local share of the project.

 

Subd. 3.  Coon Rapids Dam Renovation

 

 

 

17,000,000

 

To predesign, design, and construct the renovation of the Coon Rapids Dam to serve as a barrier to invasive fish, in cooperation with the Three Rivers Park District.  The commissioner of natural resources must enter into a joint powers agreement with the Three Rivers Park District that identifies future ownership and operation responsibilities of the dam by the park district and the commissioner.  The agreement and any necessary conveyance must be in a form approved by the attorney general.  The attorney general may make necessary changes to the legal description to correct errors and ensure accuracy.

 

Subd. 4.  Unspent Appropriations

 

 

 

 

 

The unspent portion of an appropriation, but not to exceed ten percent of the appropriation, for a project in this section that is complete, other than an appropriation for flood hazard mitigation, is available for asset preservation under Minnesota Statutes, section 84.946.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred for asset preservation.

 

Sec. 3.  BOND SALE EXPENSES

 

 

 

$45,000

 

To the commissioner of management and budget for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8.

 

Sec. 4.  BOND SALE AUTHORIZATION.

 

To provide the money appropriated in this act from the bond proceeds fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $45,045,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3568

Sec. 5.  2008, 2010 BOND SALE AUTHORIZATIONS REDUCED.

 

(a) The bond sale authorization in Laws 2008, chapter 179, section 27, subdivision 1, is reduced by $3,000,000.

 

(b) The bond sale authorization in Laws 2010, chapter 189, section 26, subdivision 1, is reduced by $353,380,000.

 

(c) The bond sale authorization in Laws 2010, chapter 189, section 26, subdivision 2, is reduced by $5,780,000.

 

(d) The bond sale authorization in Laws 2010, chapter 189, section 26, subdivision 4, is reduced by $6,500,000.

 

Sec. 6.  Minnesota Statutes 2010, section 16A.641, subdivision 4a, is amended to read: 

 

Subd. 4a.  Negotiated sales; temporary authority.  Notwithstanding the public sale requirements of subdivision 4 and section 16A.66, subdivision 2, from June 1, 2009, until June 30, 2011, the commissioner may sell bonds, including refunding bonds, at negotiated sale.

 

Sec. 7.  Minnesota Statutes 2010, section 16A.641, subdivision 7, is amended to read: 

 

Subd. 7.  Credit of proceeds.  (a) Proceeds of bonds issued under each law must be credited by the commissioner to a special fund, as provided in this subdivision.

 

(b) Accrued interest and any premium received on sale of the bonds must be credited to the state bond fund created by the Constitution, article XI, section 7.  Any premium received on the sale of the bonds on or prior to December 1, 2012, must be credited to the state bond fund.  Any premium received on the sale of the bonds after December 1, 2012, must be credited to either the bond proceeds fund where it is used to reduce the par amount of the bonds issued or the state bond fund.

 

(c) Except as otherwise provided by law, proceeds of state bonds issued under the Constitution, article XI, section 5, clause (a), must be credited to the bond proceeds fund established by section 16A.631.

 

(d) Proceeds of state highway bonds must be credited to the trunk highway fund under the Constitution, article XIV, section 6.

 

(e) Proceeds of bonds issued for programs of grants or loans to political subdivisions must be credited to special accounts in the bond proceeds fund or to special funds established by laws stating the purposes of the grants or loans, and the standards and criteria under which an executive agency is authorized to make them.

 

(f) Proceeds of refunding bonds must be credited to the state bond fund as provided in section 16A.66, subdivision 1.

 

(g) Proceeds of other bonds must be credited as provided in the law authorizing their issuance.

 

Sec. 8.  Minnesota Statutes 2010, section 16A.642, subdivision 2, is amended to read: 

 

Subd. 2.  Cancellation.  (a) If the commissioner determines that the purposes for which general obligation bonds of the state have been issued or for which general fund monies were appropriated are accomplished or abandoned, after consultation with the affected agencies, and there is a remaining authorization or appropriation for a specific project of $500 or less, the commissioner may cancel the remaining authorization or appropriation for that project.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3569

(b) If a premium received on the sale of bonds is credited to the bond proceeds fund, pursuant to section 16A.641, subdivision 7, paragraph (b), the corresponding bond authorization to which the premium is attributable must be reduced accordingly by the commissioner.

 

(c) The commissioner must notify the chairs of the senate Finance Committee and the house of representatives Capital Investment Committee of any bond authorizations or general fund appropriations canceled under this subdivision.

 

Sec. 9.  Laws 2006, chapter 258, section 7, subdivision 3, as amended by Laws 2007, chapter 122, section 4, and Laws 2008, chapter 179, section 59, is amended to read: 

 

Subd. 3.  Flood Hazard Mitigation Grants

 

 

 

25,000,000

 

For the state share of flood hazard mitigation grants for publicly owned capital improvements to prevent or alleviate flood damage under Minnesota Statutes, section 103F.161.

 

The commissioner shall determine project priorities as appropriate, based on need.

 

This appropriation includes money for the following projects: 

 

(a) Austin

 

(b) Albert Lea

 

(c) Browns Valley

 

(d) Crookston

 

(e) Canisteo Mine

 

(f) Delano

 

(g) East Grand Forks

 

(h) Golden Valley

 

(i) Grand Marais Creek

 

(j) Granite Falls

 

(k) Inver Grove Heights

 

(l) Manston Slough

 

(m) Oakport Township

 

(n) Riverton Township

 

(o) Roseau


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(p) Shell Rock Watershed District

 

(q) St. Vincent

 

(r) Wild Rice River Watershed District

 

For any project listed in this subdivision that the commissioner determines is not ready to proceed or does not expend all the money allocated to it, the commissioner may allocate that project's money to a project on the commissioner's priority list.

 

To the extent that the cost of a project in Ada, Breckenridge, Browns Valley, Crookston, Dawson, East Grand Forks, Granite Falls, Montevideo, Oakport Township, Roseau, St. Vincent, or Warren exceeds two percent of the median household income in the municipality multiplied by the number of households in the municipality, this appropriation is also for the local share of the project.  The local share for the St. Vincent dike may not exceed $30,000.

 

Notwithstanding Minnesota Statutes, section 16A.642, this appropriation is available until June 30, 2014.

 

Sec. 10.  Laws 2006, chapter 258, section 7, subdivision 23, as amended by Laws 2010, chapter 399, section 2, is amended to read: 

 

Subd. 23.  Trail connections

 

 

 

2,010,000

 

For matching grants under Minnesota Statutes, section 85.019, subdivision 4c.

 

$500,000 is for a grant to Carlton County to predesign, design, and construct a nonmotorized pedestrian trail connection to the Willard Munger State Trail from the city of Carlton through the city of Scanlon continuing to the city of Cloquet, along the St. Louis River in Carlton County.

 

$260,000 is to provide the state match for the cost of the Soo Line Multiuse Recreational Bridge project over marked Trunk Highway 169 in Mille Lacs County. 

 

$175,000 is for a grant to the city of Bowlus in Morrison County to design, construct, furnish, and equip a trailhead center at the head of the Soo Line Recreational Trail.

 

$125,000 is for a grant to Morrison County to predesign, design, construct, furnish, and equip a park-and-ride lot and restroom building adjacent to the Soo Line Recreational Trail at U.S. Highway 10.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3571

$950,000 is for a grant to the St. Louis and Lake Counties Regional Railroad Authority for land acquisition, engineering, construction, furnishing, and equipping of all or part of a 19-mile "Boundary Waters Connection" of the Mesabi Trail from Bearhead Lake Vermilion State Park to the International Wolf Center in Ely.  This appropriation is contingent upon a matching contribution of $950,000 from other sources, public or private.  Notwithstanding Minnesota Statutes, section 16A.642, the bond authorization and appropriation of bond proceeds for this project are available until June 30, 2014.

 

Sec. 11.  Laws 2008, chapter 179, section 15, subdivision 8, is amended to read: 

 

Subd. 8.  Southeastern Minnesota Regional Public Safety Training Center

 

 

3,655,000 2,955,000

 

Notwithstanding any law to the contrary, for a grant to Olmsted County to acquire land for, and to design, construct, furnish, and equip the Southeastern Minnesota Regional Public Safety Training Center in Olmsted County.  The facility must include, but is not limited to, a live burn training simulator, a driving range, and a weapons training facility.

 

This appropriation or any portion of it is not available until when the commissioner has determined that at least an equal amount has been committed it has been matched, dollar-for-dollar, from nonstate sources.

 

EFFECTIVE DATE.  This section is effective retroactively from December 27, 2007.

 

Sec. 12.  Laws 2008, chapter 179, section 18, subdivision 3, is amended to read: 

 

Subd. 3.  Systemwide Campus Redevelopment, Reuse, or Demolition

 

 

 

3,400,000

 

To demolish surplus, nonfunctional, or deteriorated facilities and infrastructure or to renovate surplus, nonfunctional, or deteriorated facilities and infrastructure at Department of Human Services campuses.  These projects must facilitate the redevelopment or reuse of these campuses consistent with redevelopment plan concepts developed and approved under Laws 2003, First Special Session chapter 14, article 6, section 64, subdivision 2.  If a surplus campus is sold or transferred to a local unit of government, unspent portions of this appropriation may be granted to that local unit of government for the purposes stated in this subdivision.

 

Up to $400,000 $125,000 is for preparation and site development, including demolition of buildings and infrastructure, to implement the redevelopment and reuse of the Ah Gwah Ching Regional Treatment Center.  This amount may be granted to Cass County for the purposes stated in this subdivision.  If the campus is sold or


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3572

transferred by Cass County to a local unit of government the city of Walker, unspent portions of this appropriation may be granted to that local unit of government the city of Walker for the purposes stated in this subdivision.

 

Sec. 13.  Laws 2008, chapter 179, section 18, subdivision 6, as amended by Laws 2010, chapter 399, section 5, is amended to read: 

 

Subd. 6.  Hennepin County Medical Center

 

 

 

820,000

 

For a grant to Hennepin County to predesign, design, construct, furnish, and equip an outpatient clinic and a health education facility at Hennepin County Medical Center that includes teaching clinics and an education center.

 

Sec. 14.  Laws 2008, chapter 179, section 19, subdivision 4, is amended to read: 

 

Subd. 4.  Minneapolis Veterans Home Campus

 

 

 

 

 

Building 17 HVAC Replacement

 

 

 

3,955,000 1,655,000

 

To replace the sections of the campus-wide heating, ventilation, and air conditioning system that serve Building 17.  To predesign, design, and construct improvements to heating, ventilation, air conditioning, and lighting systems and associated areas serving the south wing of Building 17.

 

Sec. 15.  Laws 2008, chapter 179, section 24, subdivision 4, is amended to read: 

 

Subd. 4.  County and Local Preservation Grants

 

 

 

2,000,000

 

To be allocated to county and local jurisdictions as matching money for historic preservation projects of a capital nature, as provided in new Minnesota Statutes, section 138.0525.  This appropriation includes money for grants to the city of Hokah to renovate the Hokah City Hall building; and the Houston County Historical Society to renovate existing space and to predesign, design, and construct an addition to the Houston County Historical Society building located in the city of Caledonia.  Notwithstanding Minnesota Statutes, section 138.0525, the city is not required to provide a match.

 

$100,000 is for a grant to the city of Wells to renovate the historic Wells Train Depot.  No match is required for this grant.

 

Sec. 16.  Laws 2009, chapter 93, article 1, section 14, subdivision 3, is amended to read: 

 

Subd. 3.  Veterans Cemeteries

 

 

 

1,500,000

 

Of this amount, up to $500,000 is to acquire land located in Redwood County southeastern, southwestern, and northeastern Minnesota for publicly owned veterans cemeteries, to be operated by the commissioner of veterans affairs.  The commissioner also


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3573

must seek donations of land for the cemeteries.  The balance of the appropriation is to predesign and design the cemeteries.  Federal reimbursement of design costs for each cemetery must be deposited in the state treasury and credited to a special account and is appropriated to the commissioner of veterans affairs to design the remaining cemeteries.  Following completion of all legislatively authorized Minnesota state veterans cemeteries, final federal reimbursement of predesign and design costs is appropriated to the commissioner for asset preservation of veterans homes statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

Sec. 17.  Laws 2010, chapter 189, section 6, subdivision 2, is amended to read: 

 

Subd. 2.  Alpha Building Demolition

 

 

 

755,000 265,500

 

To demolish the Alpha Building.

 

Sec. 18.  Laws 2010, chapter 189, section 6, subdivision 4, is amended to read: 

 

Subd. 4.  Storage and Maintenance Building

 

 

 

129,000 618,500

 

To design, construct, and equip a storage and maintenance building on the site of the demolished Alpha Building.

 

Sec. 19.  Laws 2010, chapter 189, section 7, subdivision 22, is amended to read: 

 

Subd. 22.  Fort Snelling Upper Bluff

 

 

 

1,200,000

 

For a grant to Hennepin County to conduct emergency building stabilization at Fort Snelling Upper Bluff.  This appropriation may also be used for all work necessary to rehabilitate buildings and sites for occupancy and use.  This appropriation is not available until the commissioner of management and budget has determined that Hennepin County has entered into appropriate agreements to use Sentence to Serve labor for the project that will train the Sentence to Serve laborers in the skills needed for the work.

 

Sec. 20.  Laws 2010, chapter 189, section 14, subdivision 3, is amended to read: 

 

Subd. 3.  State Emergency Operations Center

 

 

 

2,250,000

 

To the commissioner of administration to predesign and design a new state emergency operations center in Arden Hills.

 

The commissioner of administration must consult with the commissioner of public safety in the predesign and design.  This appropriation is not available until the commissioner has reported to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety policy and finance, capital investment, finance, and ways and means, how the Arden Hills site will be adequately accessible in the event of a disaster that adversely affects major transportation corridors.


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Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the commissioner of administration, at the request of the commissioner of public safety, may acquire land, utility and road easements, and any other necessary right of access or use from the federal government or other applicable parties for the state emergency operations center proposed to be located in Arden Hills.

 

Sec. 21.  Laws 2010, chapter 189, section 19, subdivision 4, as amended by Laws 2010, chapter 399, section 8, is amended to read: 

 

Subd. 4.  Minneapolis Veterans Home

 

 

 

9,450,000 11,750,000

 

To predesign, design, construct, furnish, and equip the renovation of building 16 to accommodate a domiciliary program, demolish the north wing of building 17, predesign a new building 17, and design, construct, furnish, and equip the north wing of the new building 17, including site improvements and amenities for building and program support.

 

Sec. 22.  Laws 2010, chapter 333, article 2, section 23, is amended to read: 

 

Sec. 23.  PLANNING NEW VETERANS CEMETERIES.

 

(a) The commissioner of veterans affairs shall determine a suitable site and plan for three new state veterans cemeteries, one to be located in northeastern Minnesota, one to be located in southeastern Minnesota, and one to be located in southwestern Minnesota.  In determining the site for a cemetery, the commissioner shall consider available public land options and shall seek proposals for donated land from interested counties, local communities, civic organizations, veterans service organizations, and individuals.

 

(b) For determining the veterans cemetery site in southeastern Minnesota, the commissioner shall give priority consideration to land owned and proposed for donation by the county of Fillmore.

 

(c) The commissioner's planning process for a state veterans cemetery must include, at a minimum, the following actions: 

 

(1) determining the need for the cemetery;

 

(2) investigating the availability of suitable land for the cemetery;

 

(3) assessment of impacts of the cemetery;

 

(4) encouragement of support from veteran service organizations and local governments; and

 

(5) preparation and submission of a preapplication for a grant from the United States Department of Veterans Affairs for commitment of funding for establishing the cemetery.

 

(d) By January 15, 2011, the commissioner shall report to the chair and ranking minority member of the house of representatives and senate committees having responsibility for veterans affairs with a report of the commissioner's progress in implementing this section.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3575

Sec. 23.  Laws 2010, Second Special Session chapter 1, article 1, section 9, subdivision 5, is amended to read: 

 

Subd. 5.  Dam Renovation and Removal

 

 

 

$1,000,000

 

To provide cost share for the renovation or removal of publicly owned dams and for streambed restoration adjacent thereto in the DR-1941 area under Minnesota Statutes, sections 103G.511 and 103G.515.

 

Sec. 24.  EFFECTIVE DATE.

 

Except as otherwise provided, this act is effective the day following final enactment."

 

Delete the title and insert: 

 

"A bill for an act relating to capital investment; appropriating money for flood hazard mitigation and renovation of the Coon Rapids dam; making changes to certain state bond provisions; modifying prior appropriations; reducing certain bond sale authorizations; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2010, sections 16A.641, subdivisions 4a, 7; 16A.642, subdivision 2; Laws 2006, chapter 258, section 7, subdivisions 3, as amended, 23, as amended; Laws 2008, chapter 179, sections 15, subdivision 8; 18, subdivisions 3, 6, as amended; 19, subdivision 4; 24, subdivision 4; Laws 2009, chapter 93, article 1, section 14, subdivision 3; Laws 2010, chapter 189, sections 6, subdivisions 2, 4; 7, subdivision 22; 14, subdivision 3; 19, subdivision 4, as amended; Laws 2010, chapter 333, article 2, section 23; Laws 2010, Second Special Session chapter 1, article 1, section 9, subdivision 5."

 

 

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

 

      The report was adopted.

 

 

Holberg from the Committee on Ways and Means to which was referred: 

 

H. F. No. 1023, A bill for an act relating to judiciary; modifying certain provisions relating to courts, juvenile delinquency proceedings, child support calculations, protective orders, wills and trusts, property interests, protected persons and wards, receiverships, assignments for the benefit of creditors, and notice regarding civil rights; amending Minnesota Statutes 2010, sections 169.79, subdivision 6; 169.797, subdivision 4; 203B.06, subdivision 3; 260B.163, subdivision 1; 260C.331, subdivision 3; 279.37, subdivision 8; 302A.753, subdivisions 2, 3; 302A.755; 302A.759, subdivision 1; 302A.761; 308A.945, subdivisions 2, 3; 308A.951; 308A.961, subdivision 1; 308A.965; 308B.935, subdivisions 2, 3; 308B.941; 308B.951, subdivision 1; 308B.955; 316.11; 317A.255, subdivision 1; 317A.753, subdivisions 3, 4; 317A.755; 317A.759, subdivision 1; 322B.836, subdivisions 2, 3; 322B.84; 357.021, subdivision 6; 359.061, subdivisions 1, 2; 462A.05, subdivision 32; 469.012, subdivision 2i; 514.69; 514.70; 518.552, by adding a subdivision; 518A.29; 518B.01, subdivision 8; 524.2-712; 524.2-1103; 524.2-1104; 524.2-1106; 524.2-1107; 524.2-1114; 524.2-1115; 524.2-1116; 524.5-502; 525.091, subdivisions 1, 3; 540.14; 559.17, subdivision 2; 576.04; 576.06; 576.08; 576.09; 576.11; 576.121; 576.123; 576.144; 576.15; 576.16; proposing coding for new law in Minnesota Statutes, chapters 5B; 201; 243; 576; 577; 630; repealing Minnesota Statutes 2010, sections 302A.759, subdivision 2; 308A.961, subdivision 2; 308B.951, subdivisions 2, 3; 317A.759, subdivision 2; 576.01; 577.01; 577.02; 577.03; 577.04; 577.05; 577.06; 577.08; 577.09; 577.10.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.


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Holberg from the Committee on Ways and Means to which was referred: 

 

H. F. No. 1061, A bill for an act relating to state government; appropriating money from the outdoor heritage fund, clean water fund, parks and trails fund, and arts and cultural heritage fund; modifying certain outdoor heritage provisions; establishing accounts; modifying the Clean Water Legacy Act; revising membership and duties of the Clean Water Council; establishing State Capitol Preservation Commission; providing appointments; establishing reporting and other requirements for legacy fund recipients; amending Minnesota Statutes 2010, sections 3.303, subdivision 10; 85.013, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivision 2, by adding subdivisions; 114D.10; 114D.20, subdivisions 1, 2, 3, 6, 7; 114D.30; 114D.35; 114D.50, subdivision 4; 116.195; 129D.17, subdivision 2; 129D.18, subdivisions 3, 4; 129D.19, subdivision 5; Laws 2009, chapter 172, article 1, section 2, subdivisions 3, 15; article 2, section 4, as amended; article 4, section 9, subdivision 5; Laws 2010, chapter 361, article 1, section 2, subdivision 14; proposing coding for new law in Minnesota Statutes, chapters 15B; 16B; 84; 138; repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, 8; 114D.45.

 

Reported the same back with the following amendments: 

 

Page 2, line 6, delete "92,123,000" and insert "92,126,000"

 

Page 18, line 10, delete "740,000" and insert "743,000"

 

Page 35, line 30, delete "89,903,000" and insert "89,906,000"

 

Page 63, after line 5, insert: 

 

"Sec. 22.  Laws 2010, chapter 361, article 2, section 3, is amended to read: 

 

Sec. 3.  CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.

 

The appropriations in fiscal years 2011 2010 and 2012 2011 to the Department of Natural Resources for high-resolution digital elevation data in Laws 2009, chapter 172, article 2, section 5, paragraph (d), are available until June 30, 2012.

 

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

 

Page 63, line 26, delete "38,635,000" and insert "38,637,000"

 

Page 64, line 18, delete "24,033,000" and insert "23,668,000"

 

Page 64, line 19, delete "$14,597,000" and insert "$14,962,000"

 

Page 65, line 5, delete "$7,298,000" and insert "$6,568,000"

 

Page 65, line 8, delete "$7,123,000" and insert "$6,393,000"

 

Page 66, line 16, delete "14,597,000" and insert "14,962,000"

 

Page 66, line 17, delete "$14,597,000" and insert "$14,962,000"

 

Page 68, line 12, delete "51,135,000" and insert "51,137,000"


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3577

Adjust amounts accordingly

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Holberg from the Committee on Ways and Means to which was referred: 

 

H. F. No. 1270, A bill for an act relating to public safety; expanding e-charging to include citations, juvenile adjudication, and implied consent test refusal or failure; amending Minnesota Statutes 2010, section 299C.41, subdivision 1.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

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

 

H. F. No. 1426, A bill for an act relating to redistricting; adopting a congressional districting plan for use in 2012 and thereafter; adopting districting principles for legislative and congressional districts; amending Minnesota Statutes 2010, sections 2.731; 2.91, subdivision 1; repealing Minnesota Statutes 2010, section 2.031, subdivision 2.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 1023, 1061, 1270 and 1426 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Kelly and Simon introduced:

 

H. F. No. 1702, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 2010, section 171.306, subdivision 5.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.


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Persell introduced:

 

H. F. No. 1703, A bill for an act relating to capital investment; appropriating money for the Boy River community center; authorizing the sale and issuance of state bonds.

 

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

 

 

Davnie introduced:

 

H. F. No. 1704, A bill for an act relating to retirement; public employees police and fire retirement plan; providing for a voluntary consolidation of the Minneapolis Firefighters Relief Association and a voluntary consolidation of the Minneapolis Police Relief Association with PERA-P&F; amending Minnesota Statutes 2010, sections 353.01, subdivision 16, by adding subdivisions; 353.65, subdivisions 1, 2, 3; 353.651, subdivision 1; 353.656, subdivisions 1, 1a, 3, 3a; 353.657, subdivision 1; 423A.02, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 353.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

 

 

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

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Davids.

 

 

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, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested: 

 

H. F. No. 186, A bill for an act relating to drivers' licenses; extending expiration period for driver's license while person is serving in active military service; amending Minnesota Statutes 2010, section 171.27.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Urdahl moved that the House refuse to concur in the Senate amendments to H. F. No. 186, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.  The motion prevailed.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3579

Mr. Speaker: 

 

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

 

S. F. Nos. 731, 1244 and 1308.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 731, A bill for an act relating to state government; extending effective date for electronic prescribing requirements for certain providers; creating a patient-centered decision-making process for certain medical assistance reimbursements; modifying health plan estimated payment disclosures; establishing an autism spectrum disorder task force; authorizing detoxification services interstate contracts; modifying single-family residential use day care requirements; modifying human services supplemental service contracts; requiring a request for information for an integrated service delivery system for health care programs, food support cash assistance and child care; modifying the nursing licensure requirements; modifying the alcohol and drug counselor requirements; exempting certain organizations from the food, beverage, and lodging establishment requirements; amending Minnesota Statutes 2010, sections 62J.497, subdivision 2; 62J.81, subdivision 1; 148.191, subdivision 2; 148.211, subdivision 1; 148.212, subdivision 1; 148.231; 157.15, subdivision 12b; 157.22; 245.50; 245A.04, subdivision 2; 245A.14, subdivisions 1, 4; 256.0112, by adding a subdivision; 462.357, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 148; 256B; proposing coding for new law as Minnesota Statutes, chapter 148F; repealing Minnesota Statutes 2010, sections 148C.01, subdivisions 1, 1a, 2, 2a, 2b, 2c, 2d, 2e, 2f, 2g, 4, 4a, 5, 7, 9, 10, 11, 11a, 12, 12a, 13, 14, 15, 16, 17, 18; 148C.015; 148C.03, subdivisions 1, 4; 148C.0351, subdivisions 1, 3, 4; 148C.0355; 148C.04, subdivisions 1, 2, 3, 4, 5a, 6, 7; 148C.044; 148C.045; 148C.05; 148C.055; 148C.07; 148C.075; 148C.08; 148C.09, subdivisions 1, 1a, 2, 4; 148C.091; 148C.093; 148C.095; 148C.099; 148C.10, subdivisions 1, 2, 3; 148C.11; 148C.12, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; Minnesota Rules, parts 4747.0010; 4747.0020; 4747.0030; 4747.0040; 4747.0050; 4747.0060; 4747.0070, subparts 1, 2, 3, 6; 4747.0200; 4747.0400, subpart 1; 4747.0700; 4747.0800; 4747.0900; 4747.1100, subparts 1, 2, 4, 5, 6, 7, 8, 9; 4747.1400; 4747.1500; 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.

 

The bill was read for the first time. 

 

Gottwalt moved that S. F. No. 731 and H. F. No. 1020, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 1244, A bill for an act relating to environment; modifying the Wetland Conservation Act; providing for state environmental permit coordination and management; modifying certain environmental review procedures; authorizing consumptive use of water; requiring rulemaking; amending Minnesota Statutes 2010, sections 103G.005, subdivision 10e, by adding a subdivision; 103G.2212; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 2a, 6, 7, 9, 12, 14, by adding a subdivision; 103G.2251; 116D.04, subdivision 2a, as amended; proposing coding for new law in Minnesota Statutes, chapters 103G; 116C.

 

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.


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S. F. No. 1308, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article XIII; recognizing marriage as only a union between one man and one woman.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration. 

 

 

      Greene was excused between the hours of 10:35 a.m. and 1:15 p.m.

 

 

      Winkler was excused between the hours of 10:35 a.m. and 1:45 p.m.

 

 

FISCAL CALENDAR

 

 

      Pursuant to rule 1.22, Downey requested immediate consideration of S. F. No. 1115.

 

 

      S. F. No. 1115 was reported to the House.

 

 

      McNamara moved to amend S. F. No. 1115, the third engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 1097, the third engrossment:

 

"Section 1.  Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read: 

 

Subd. 6a.  Review and ranking of applications.  (a) The commissioner shall chair the a subcommittee established in section 103F.761, subdivision 2, paragraph (b), for purposes of reviewing and ranking applications and recommending to the commissioner allocation amounts.  The subcommittee consists of representatives of the Departments of Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board of Water and Soil Resources; the Farm Service Agency and the Natural Resource Conservation Service of the United States Department of Agriculture; the Association of Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts; and other agencies or associations the commissioner determines are appropriate. 

 

(b) The subcommittee must use the criteria in clauses (1) to (9) as well as other criteria it determines appropriate in carrying out the review and ranking: 

 

(1) whether the proposed activities are identified in a comprehensive water management plan or other appropriate local planning documents as priorities;

 

(2) the potential that the proposed activities have for improving or protecting environmental quality;

 

(3) the extent that the proposed activities support areawide or multijurisdictional approaches to protecting environmental quality based on defined watershed or similar geographic areas;

 

(4) whether the activities are needed for compliance with existing environmental laws or rules;

 

(5) whether the proposed activities demonstrate participation, coordination, and cooperation between local units of government and other public agencies;

 

(6) whether there is coordination with other public and private funding sources and programs;


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3581

(7) whether the applicant has targeted specific best management practices to resolve specific environmental problems;

 

(8) past performance of the applicant in completing projects identified in prior applications and allocation agreements; and

 

(9) whether there are off-site public benefits.

 

Sec. 2.  Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by Laws 2011, chapter 14, section 7, is amended to read: 

 

Subdivision 1.  Administration by commissioner.  The commissioner shall administer, implement, and enforce this chapter and the Department of Agriculture is the lead state agency for the regulation of pesticides.  The commissioner has the sole regulatory authority over the terrestrial application of pesticides, including, but not limited to, the application of pesticides to agricultural crops, structures, and other nonaquatic environments.  Except as provided in subdivision 3, a state agency other than the Department of Agriculture shall not regulate or require permits for the terrestrial or nonaquatic application of pesticides.

 

Sec. 3.  Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision to read: 

 

Subd. 1a.  Definitions.  For the purpose of this section: 

 

(1) "biobutanol facility" means a facility at which biobutanol is produced; and

 

(2) "biobutanol" means fermentation isobutyl alcohol that is derived from agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets; forest products; or other renewable resources, including residue and waste generated from the production, processing, and marketing of agricultural products, forest products, and other renewable resources.

 

Sec. 4.  Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read: 

 

Subdivision 1.  Acquisition; designation.  The commissioner of natural resources may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed under chapter 117, in the name of the state, lands or any interest in lands suitable and desirable for establishing and maintaining scientific and natural areas.  The commissioner shall designate any land so acquired as a scientific and natural area by written order published in the State Register and shall administer any land so acquired and designated as provided by section 86A.05.  Designations of scientific and natural areas are exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply. 

 

Sec. 5.  Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read: 

 

Subd. 6.  Management plans.  The commissioner shall develop in consultation with the affected local government unit a management plan for each peatland scientific and natural area designated under section 84.036 in a manner prescribed by section 86A.09.

 

The management plan shall address recreational trails.  In those peatland scientific and natural areas where no corridor of disturbance was used as a recreational trail on or before January 1, 1992, the plan may permit only one corridor of disturbance, in each peatland scientific and natural area, to be used as a recreational motorized trail.


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Sec. 6.  Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read: 

 

Subd. 2.  Off-highway vehicle seasonal restrictions.  (a) The commissioner shall prescribe seasons for off-highway vehicle use on state forest lands.  Except for designated forest roads, a person must not operate an off-highway vehicle on state forest lands:  (1) outside of the seasons prescribed under this paragraph; or (2) during the firearms deer hunting season in areas of the state where deer may be taken by rifle.  This paragraph does not apply to a person in possession of a valid deer hunting license operating an off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.

 

(b) The commissioner may designate and post winter trails on state forest lands for use by off-highway vehicles.

 

(c) For the purposes of this subdivision, "state forest lands" means forest lands under the authority of the commissioner as defined in section 89.001, subdivision 13, and lands managed by the commissioner under section 282.011.

 

Sec. 7.  Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision to read: 

 

Subd. 12.  Dual registration.  (a) An off-highway motorcycle registered under this section may also be registered as a motorcycle under chapter 168 for use on public roads and highways.

 

(b) If the off-highway motorcycle was not originally constructed primarily for use on public roads and highways, the off-highway motorcycle must be equipped with mirrors and a headlight, taillight, and horn and be otherwise modified as necessary to meet the requirements of chapter 169, the safety standards of the National Traffic and Motor Safety Act, United States Code, title 15, sections 1381 through 1431, and the regulations adopted under that federal act, for motorcycles regarding safety and acceptability to operate on public roads and highways.

 

(c) An applicant for registration under chapter 168 must submit a form, prescribed by the commissioner of public safety.

 

(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the requirements of chapter 169 according to this subdivision.

 

Sec. 8.  [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.

 

Subdivision 1.  Pass required; fee.  (a) A nonresident may not operate an off-road vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a nonresident off-road vehicle state trail pass sticker issued according to this section.  The pass must be viewable by a peace officer, a conservation officer, or an employee designated under section 84.0835.

 

(b) The fee for an annual pass is $20.  The pass is valid from January 1 through December 31.  The fee for a three-year pass is $30.  The commissioner of natural resources shall issue a pass upon application and payment of the fee.  Fees collected under this section, except for the issuing fee for licensing agents, shall be deposited in the state treasury and credited to the off-road vehicle account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to counties and municipalities for off-road vehicle organizations to construct and maintain off-road vehicle trails and use areas.

 

(c) A nonresident off-road vehicle state trail pass is not required for: 

 

(1) an off-road vehicle that is owned and used by the United States, another state, or a political subdivision thereof that is exempt from registration under section 84.798, subdivision 2;


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3583

(2) a person operating an off-road vehicle only on the portion of a trail that is owned by the person or the person's spouse, child, or parent; or

 

(3) a nonresident operating an off-road vehicle that is registered according to section 84.798.

 

Subd. 2.  License agents.  The commissioner may appoint agents to issue and sell nonresident off-road vehicle state trail passes.  The commissioner may revoke the appointment of an agent at any time.  The commissioner may adopt additional rules as provided in section 97A.485, subdivision 11.  An agent shall observe all rules adopted by the commissioner for accounting and handling of passes pursuant to section 97A.485, subdivision 11.  An agent shall promptly deposit and remit all money received from the sale of the passes, exclusive of the issuing fee, to the commissioner.

 

Subd. 3.  Issuance of passes.  The commissioner and agents shall issue and sell nonresident off-road vehicle state trail passes.  The commissioner shall also make the passes available through the electronic licensing system established under section 84.027, subdivision 15.

 

Subd. 4.  Agent's fee.  In addition to the fee for a pass, an issuing fee of $1 per pass shall be charged.  The issuing fee may be retained by the seller of the pass.  Issuing fees for passes issued by the commissioner shall be deposited in the off-road vehicle account in the natural resources fund and retained for the operation of the electronic licensing system.

 

Subd. 5.  Duplicate passes.  The commissioner and agents shall issue a duplicate pass to persons whose pass is lost or destroyed using the process established under section 97A.405, subdivision 3, and rules adopted thereunder.  The fee for a duplicate nonresident off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.

 

Sec. 9.  Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read: 

 

Subd. 8.  All-terrain vehicle or vehicle.  "All-terrain vehicle" or "vehicle" means a motorized flotation-tired vehicle of not less than three low pressure tires, but not more than equipped with three to six nonhighway tires, that is limited in engine displacement of less than 960 cubic centimeters and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.  All-terrain vehicle does not include a golf cart; a mini-truck; a dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.

 

Sec. 10.  Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read: 

 

Subd. 9.  Class 1 all-terrain vehicle.  "Class 1 all-terrain vehicle" means an all-terrain vehicle that has a total dry weight of less than 1,000 pounds and has a straddled seat.

 

Sec. 11.  Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read: 

 

Subd. 10.  Class 2 all-terrain vehicle.  "Class 2 all-terrain vehicle" means an all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of 1,000 to 1,800 pounds or less, and has a manufacturer's published width of 68 inches or less.

 

Sec. 12.  Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read: 

 

Subdivision 1.  Program established.  (a) The commissioner shall establish a comprehensive all-terrain vehicle environmental and safety education and training program, including the preparation and dissemination of vehicle information and safety advice to the public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who successfully complete the all-terrain vehicle environmental and safety education and training course.


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(b) For the purpose of administering the program and to defray a portion of the expenses of training and certifying vehicle operators, the commissioner shall collect a fee of $15 from each person who receives the training.  The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle safety certificate.  The commissioner shall establish the fee for a duplicate all-terrain vehicle safety certificate both fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the service services.  The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.  The fees may be established by the commissioner notwithstanding section 16A.1283.  Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle account in the natural resources fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of such programs.  In addition to the fee established by the commissioner, instructors may charge each person up to the established fee amount for class materials and expenses.

 

(c) The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the program established under this section.  School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training.  The commissioner shall consult with the commissioner of public safety in regard to training program subject matter and performance testing that leads to the certification of vehicle operators.  By June 30, 2003,  The commissioner shall incorporate a riding component in the safety education and training program.

 

Sec. 13.  Minnesota Statutes 2010, section 84.9257, is amended to read: 

 

84.9257 PASSENGERS.

 

(a) A person 18 years of age or older may operate a class 1 all-terrain vehicle carrying only one passenger.

 

(b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while carrying a only one passenger, or up to the number of passengers for which the vehicle was designed, whichever is greater.

 

(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying only one passenger and the passenger must be the person's parent or legal guardian.

 

Sec. 14.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 3a.  Decontaminate.  "Decontaminate" means to wash, drain, dry, or thermally or otherwise treat water-related equipment in order to remove or destroy aquatic invasive species using the "Recommended Uniform Minimum Protocol Standards" developed by the United States Fish and Wildlife Service, or other protocols, as prescribed by the commissioner.  The commissioner may prescribe protocols in the same manner provided under section 84D.03, subdivision 1, paragraph (d), for designating infested waters.

 

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

 

Sec. 15.  Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read: 

 

Subd. 8a.  Introduce.  "Introduce" means to place, release, or allow the escape of a nonnative species into a free-living state.  Introduce does not include: 

 

(1) the immediate return of a nonnative species to waters of the state from which the nonnative species was removed; or


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(2) the seasonal return of nonnative species attached to water-related equipment, such as a dock or boat lift, that has been stored on riparian property and directly returned to the same waters of the state from which the water-related equipment was removed.

 

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

 

Sec. 16.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 8b.  Inspect.  "Inspect" means to examine water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present and includes removal, drainage, decontamination, or treatment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water.

 

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

 

Sec. 17.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 8c.  Inspector.  "Inspector" means an individual trained and authorized by the commissioner to inspect water-related equipment, a conservation officer, or a licensed peace officer.

 

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

 

Sec. 18.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 15a.  Service provider.  "Service provider" means an individual who installs or removes watercraft, equipment, motor vehicles, docks, boat lifts, rafts, vessels, trailers, or other water-related equipment or structures from waters of the state for compensation.

 

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

 

Sec. 19.  Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read: 

 

Subd. 16.  Transport.  "Transport" means to cause or attempt to cause a species to be carried or moved into or within the state, and includes accepting or receiving the species for transportation or shipment.  Transport does not include: 

 

(1) the transport movement of infested water or a nonnative species within a water of the state or to a connected water of the state where the species being transported is already present.; or

 

(2) the movement of a nonnative species attached to water-related equipment or other water-related structures from a water of the state to the shore of riparian property on that water or the return of water-related equipment or structures from the shore into the same water of the state.

 

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

 

Sec. 20.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 18a.  Water-related equipment.  "Water-related equipment" means a motor vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or any other associated equipment or container, including but not limited to portable bait containers, live wells, ballast tanks except for those vessels permitted under the Pollution Control Agency vessel discharge program, bilge areas, and water-hauling equipment that is capable of containing or transporting aquatic invasive species, aquatic macrophytes, or water.

 

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


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Sec. 21.  Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read: 

 

Subd. 21.  Wild animal.  "Wild animal" means a living creature, not human, wild by nature, endowed with sensation and power of voluntary motion has the meaning given under section 97A.015, subdivision 55.

 

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

 

Sec. 22.  Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read: 

 

Subd. 6.  Annual report.  By January 15 each year, the commissioner shall submit a report on invasive species of aquatic plants and wild animals to the legislative committees having jurisdiction over environmental and natural resource issues.  The report must include: 

 

(1) detailed information on expenditures for administration, education, management, inspections, and research;

 

(2) an analysis of the effectiveness of management activities conducted in the state, including chemical control, harvesting, educational efforts, and inspections;

 

(3) information on the participation of other state agencies, local government units, and interest groups in control efforts;

 

(4) information on the progress made in the management of each species; and

 

(5) an assessment of future management needs and additional measures to protect the state's water resources from human transport and introduction of invasive species.

 

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

 

Sec. 23.  Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read: 

 

Subd. 3.  Bait harvest from infested waters.  (a) The Taking of wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) and section 97C.341.

 

(b) In waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish or certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the taking of wild animals may be permitted for: 

 

(1) commercial taking of wild animals for bait and aquatic farm purposes according to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

 

(2) bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are designated solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length.

 

(c) Equipment authorized for minnow harvest in a designated infested water by permit issued under paragraph (b) may not be transported to, or used in, any waters other than waters specified in the permit.

 

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


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Sec. 24.  Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read: 

 

Subd. 4.  Commercial fishing and turtle, frog, and crayfish harvesting restrictions in infested and noninfested waters.  (a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.  If a commercial licensee operates in both an infested water designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit, and may not be used in infested waters designated because the waters contain invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982.  This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.

 

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated solely because it contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in any other waters, except as provided in this paragraph.  Commercial licensees must notify the department's regional or area fisheries office or a conservation officer before removing nets or equipment from an infested water designated solely because it contains Eurasian water milfoil and before resetting those nets or equipment in any other waters.  Upon notification, the commissioner may authorize a commercial licensee to move nets or equipment to another water without freezing or drying, if that water is designated as infested solely because it contains Eurasian water milfoil.

 

(c) A commercial licensee must remove all aquatic macrophytes from nets and other equipment when the nets and equipment are removed from waters of the state.

 

(d) The commissioner shall provide a commercial licensee with a current listing of designated infested waters at the time that a license or permit is issued.

 

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

 

Sec. 25.  Minnesota Statutes 2010, section 84D.09, is amended to read: 

 

84D.09 AQUATIC MACROPHYTES.

 

Subdivision 1.  Transportation prohibited.  A person may not transport aquatic macrophytes on any state forest road as defined by section 89.001, subdivision 14, any road or highway as defined in section 160.02, subdivision 26, or any other public road, except as provided in this section. 

 

Subd. 2.  Exceptions.  Unless otherwise prohibited by law, a person may transport aquatic macrophytes: 

 

(1) that are duckweeds in the family Lemnaceae;

 

(2) for disposal as part of a harvest or control activity conducted under an aquatic plant management permit pursuant to section 103G.615, under permit pursuant to section 84D.11, or as specified by the commissioner;

 

(3) for purposes of constructing shooting or observation blinds in amounts sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut above the waterline;

 

(4) when legally purchased or traded by or from commercial or hobbyist sources for aquarium, wetland or lakeshore restoration, or ornamental purposes;


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(5) when harvested for personal or commercial use if in a motor vehicle;

 

(6) to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying a species or reporting the presence of a species;

 

(7) when transporting commercial aquatic plant harvesting or control equipment to a suitable location for purposes of cleaning any remaining aquatic macrophytes;

 

(8) that are wild rice harvested under section 84.091; or

 

(9) in the form of fragments of emergent aquatic macrophytes incidentally transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl season.; or

 

(10) when removing water-related equipment from waters of the state for purposes of cleaning off aquatic macrophytes before leaving a water access site.

 

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

 

Sec. 26.  Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read: 

 

Subdivision 1.  Launching prohibited.  A person may not place or attempt to place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species attached except as provided in this section.

 

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

 

Sec. 27.  Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read: 

 

Subd. 3.  Removal and confinement.  (a) A conservation officer or other licensed peace officer may order: 

 

(1) the removal of aquatic macrophytes or prohibited invasive species from a trailer or watercraft water-related equipment before it is placed into waters of the state;

 

(2) confinement of the watercraft water-related equipment at a mooring, dock, or other location until the watercraft water-related equipment is removed from the water; and

 

(3) removal of a watercraft water-related equipment from waters of the state to remove prohibited invasive species if the water has not been designated by the commissioner as being infested with that species.; and

 

(4) a prohibition on placing water-related equipment into waters of the state when the water-related equipment has aquatic macrophytes or prohibited invasive species attached in violation of subdivision 1 or when water has not been drained or the drain plug has not been removed in violation of subdivision 4.

 

(b) An inspector who is not a licensed peace officer may issue orders under paragraph (a), clauses (1), (3), and (4).

 

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

 

Sec. 28.  Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read: 

 

Subd. 4.  Persons leaving public waters; report transporting water-related equipment.  (a) A person When leaving waters of the state a person must drain boating-related water-related equipment holding water and live wells and bilges by removing the drain plug before transporting the watercraft and associated water-related equipment on public roads off the water access site or riparian property. 


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(b) Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft on a public road water-related equipment.

 

(c) Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the water body.

 

(d) Marine sanitary systems and portable bait containers are excluded exempt from this requirement subdivision.

 

(e) A person must not dispose of bait in waters of the state.

 

(b) The commissioner shall report, by January 15 of each odd-numbered year, to the chairs and ranking minority members of the house of representatives and senate committees and divisions having jurisdiction over water resources policy and finance.  The report shall advise the legislature on additional measures to protect state water resources from human transport of invasive species.

 

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

 

Sec. 29.  [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED EQUIPMENT.

 

Subdivision 1.  Compliance inspections.  Compliance with aquatic invasive species inspection requirements is an express condition of operating or transporting water-related equipment.  An inspector may prohibit an individual who refuses to allow an inspection of the individual's water-related equipment or who refuses to remove and dispose of aquatic invasive species, aquatic macrophytes, and water from placing or operating water-related equipment in waters of the state.

 

Subd. 2.  Inspector authority.  (a) The commissioner shall train and authorize individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive species, and water.  Inspectors may visually and tactilely inspect watercraft and water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present.  If a person transporting watercraft or water-related equipment refuses to take required corrective actions or fails to comply with an order under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a conservation officer or other licensed peace officer.

 

(b) In addition to paragraph (a), a conservation officer or other licensed peace officer may inspect any watercraft or water-related equipment that is stopped at a water access site or stopped at any other location in the state if the officer determines there is reason to believe that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or water-related equipment.

 

(c) Conservation officers or other licensed peace officers may utilize check stations in locations, or in proximity to locations, where watercraft or other water-related equipment is placed into or removed from waters of the state.  Any check stations shall be operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

 

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

 

Sec. 30.  [84D.108] SERVICE PROVIDER PERMIT.

 

Subdivision 1.  Service provider permit required.  (a) Service providers must apply for and obtain a permit from the commissioner before providing any services described in section 84D.01, subdivision 15a.

 

(b) Service providers must have a valid permit in possession while providing services described in section 84D.01, subdivision 15a.


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Subd. 2.  Permit requirements.  (a) Service providers must complete invasive species training provided by the commissioner and pass an examination to qualify for a permit.  Service provider permits are valid for three calendar years.

 

(b) A $50 application and testing fee is required for service provider permit applications.

 

Subd. 3.  Standard for issuing.  The commissioner may issue, deny, modify, or revoke a permit as provided in section 84D.11, subdivision 3.

 

Subd. 4.  Appeal of permit decision.  Permit decisions may be appealed as provided in section 84D.11, subdivision 4.

 

Sec. 31.  Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read: 

 

Subd. 2a.  Harvest of bait from infested waters.  (a) The commissioner may issue a permit to allow the harvest of bait from waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish.  The permit shall include conditions necessary to avoid spreading aquatic invasive species.

 

(b) Before receiving a permit, or working for a permittee, a person annually must satisfactorily complete aquatic invasive species-related training provided by the commissioner.

 

Sec. 32.  Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read: 

 

Subd. 3.  Criminal penalties.  (a) A person who violates a provision of section sections 84D.03 or 84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under section 84D.12, is guilty of a misdemeanor. 

 

(b) A person who possesses, transports, or introduces a prohibited invasive species in violation of section 84D.05 is guilty of a misdemeanor.  A person who imports, purchases, sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty of a gross misdemeanor. 

 

(c) A person who refuses to obey an order of a peace officer or conservation officer to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer, or plant harvesting water-related equipment is guilty of a gross misdemeanor.

 

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

 

Sec. 33.  Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read: 

 

Subd. 4.  Warnings; civil citations.  After appropriate training, conservation officers, other licensed peace officers, and other department personnel designated by the commissioner may issue warnings or citations to a person who: 

 

(1) unlawfully transports prohibited invasive species or aquatic macrophytes;

 

(2) unlawfully places or attempts to place into waters of the state a trailer, a watercraft, or plant harvesting water-related equipment that has aquatic macrophytes or prohibited invasive species attached;

 

(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed by rule, Eurasian water milfoil;

 

(4) fails to remove plugs, open valves, and drain water, as required by rule, from watercraft and water-related equipment before leaving designated zebra mussel, spiny water flea, or other invasive plankton infested waters of the state or when transporting water-related equipment as provided in section 84D.10, subdivision 4; or


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(5) transports infested water, in violation of rule, off riparian property.

 

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

 

Sec. 34.  Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read: 

 

Subd. 5.  Civil penalties.  A civil citation issued under this section must impose the following penalty amounts: 

 

(1) for transporting aquatic macrophytes on a forest road as defined by section 89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or any other public road, $50 in violation of section 84D.09, $50;

 

(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or aquatic plant harvesting water-related equipment that has aquatic macrophytes attached, $100;

 

(3) for unlawfully possessing or transporting a prohibited invasive species other than an aquatic macrophyte, $250;

 

(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or aquatic plant harvesting water-related equipment that has prohibited invasive species attached when the waters are not designated by the commissioner as being infested with that invasive species, $500 for the first offense and $1,000 for each subsequent offense;

 

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;

 

(6) for failing to remove plugs, open valves, and drain water, as required by rule, for infested waters and from watercraft and water-related equipment, other than marine sanitary systems and portable bait containers, before leaving waters of the state, $50; and

 

(7) for transporting infested water off riparian property without a permit as required by rule, $200.

 

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

 

Sec. 35.  Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read: 

 

Subd. 6.  Watercraft license suspension.  A civil citation may be issued to suspend, for up to a year, the watercraft license of an owner or person in control of a watercraft or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4, 84D.105 or who refuses to comply with a removal order given under this section 84D.13. 

 

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

 

Sec. 36.  Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read: 

 

Subd. 7.  Satisfaction of civil penalties.  A civil penalty is due and a watercraft license suspension is effective 30 days after issuance of the civil citation.  A civil penalty collected under this section is payable to must be paid to either:  (1) the commissioner if the citation was issued by a conservation officer and must be credited to the invasive species account.; or (2) the treasury of the unit of government employing the officer who issued the civil citation.

 

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


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Sec. 37.  Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read: 

 

Subd. 2.  Receipts.  Money received from surcharges on watercraft licenses under section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service provider permits under section 84D.108, shall be deposited in the invasive species account.  Each year, the commissioner of management and budget shall transfer from the game and fish fund to the invasive species account, the annual surcharge collected on nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).  In fiscal years 2010 and 2011, the commissioner of management and budget shall transfer $725,000 from the water recreation account under section 86B.706 to the invasive species account.

 

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

 

Sec. 38.  Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read: 

 

Subd. 5.  Motorized vehicle trails restricted.  (a) From December 1 to April 1 in any year no use of a motorized vehicle other than a snowmobile, unless authorized by permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.

 

(b) From December 1 to April 1 in any year No use of a motorized vehicle other than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain vehicles, off-road vehicles, or both, and off-highway motorcycles.

 

Sec. 39.  Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read: 

 

Subd. 4b.  Regional trails.  The commissioner shall administer a program to provide grants to units of government for acquisition and betterment of public land and improvements needed for trails outside the metropolitan area deemed to be of regional significance according to criteria published by the commissioner.  Recipients must provide a nonstate cash match of at least one-half 25 percent of total eligible project costs.  If land used for the trails is not in full public ownership, then the recipients must prove it is dedicated to the purposes of the grants for at least 20 years.  The commissioner shall make payment to a unit of government upon receiving documentation of reimbursable expenditures.  A unit of government may enter into a lease or management agreement for the trail, subject to section 16A.695. 

 

Sec. 40.  Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read: 

 

Subd. 4c.  Trail connections.  The commissioner shall administer a program to provide grants to units of government for acquisition and betterment of public land and improvements needed for trails that connect communities, trails, and parks and thereby increase the effective length of trail experiences.  Recipients must provide a nonstate cash match of at least one-half 25 percent of total eligible project costs.  If land used for the trails is not in full public ownership, then the recipients must prove it is dedicated to the purposes of the grants for at least 20 years.  The commissioner shall make payment to a unit of government upon receiving documentation of reimbursable expenditures.  A unit of government may enter into a lease or management agreement for the trail, subject to section 16A.695. 

 

Sec. 41.  Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read: 

 

Subdivision 1.  Areas marked.  The commissioner of natural resources is authorized in cooperation with local units of government and private individuals and groups when feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in Chippewa County, Long Prairie, Red River


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of the North, Sauk, Otter Tail, Redwood, Blue Earth, Cedar, and Crow Rivers which have historic and scenic values and to mark appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft travelers.

 

Sec. 42.  Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read: 

 

Subd. 3.  Voluntary titling.  The owner of a device used or designed for navigation on water and used on the waters of this state may obtain a certificate of title for the device, even though it is not a watercraft as defined in section 86B.820, subdivision 14, in the same manner and with the same effect as the owner of a watercraft required to be titled under Laws 1989, chapter 335 sections 86B.820 to 86B.920.  Once titled, the device is a titled watercraft as defined in section 86B.820, subdivision 13, and is and remains subject to Laws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a watercraft required to be titled. 

 

Sec. 43.  Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read: 

 

Subd. 2.  Issuance.  (a) The commissioner shall issue a certificate of title for a watercraft upon verification that: 

 

(1) the application is genuine;

 

(2) the applicant is the owner of the watercraft; and

 

(3) payment of the required fee.

 

(b) The original certificate of title must be mailed to the first secured party disclosed in the application or, if none, to the owner named in the application.  Secured parties, if any, must be mailed notification of their security interest filed.

 

Sec. 44.  Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read: 

 

Subdivision 1.  Form and issuance.  (a) The commissioner may issue a duplicate certificate of title under this section.  The duplicate certificate of title must be a certified copy plainly marked "duplicate" across its face and must contain the legend:  "This duplicate certificate of title may be subject to the rights of a person under the original certificate."  It must be mailed to the first secured party named in it or, if none, to the owner.  The commissioner shall indicate in the department records that a duplicate has been issued.

 

(b) As a condition to issuing a duplicate certificate of title, the commissioner may require a bond from the applicant in the manner and form prescribed in section 86B.830, subdivision 4, paragraph (b). 

 

Sec. 45.  Minnesota Statutes 2010, section 86B.885, is amended to read: 

 

86B.885 OWNER-CREATED SECURITY INTEREST.

 

Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.

 

(a) The owner shall immediately execute the application in the space provided on the certificate of title or on a separate form prescribed by the commissioner, show the name and address of the secured party on the certificate, and have the certificate, application, and required fee delivered to the secured party.

 

(b) The secured party shall immediately have the certificate, application, and required fee mailed or delivered to the commissioner.


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(c) Upon request of the owner or A second or subordinate secured party, a secured party in possession of the certificate of title shall either (1) mail or deliver the certificate to the subordinate secured party for delivery to the commissioner, or (2) upon receiving from the subordinate secured party the owner's application and the required fee, mail or deliver them to the commissioner with the certificate.  The delivery of the certificate does not affect the rights of the first secured party under the security agreement.

 

(d) Upon receiving the certificate of title, application, and required fee, the commissioner shall either endorse on the certificate or issue a new certificate containing the name and address of the new secured party, and mail or deliver the certificate to the first secured party named on it owner.  The secured party or parties shall be issued a notification that the security interest has been recorded.

 

Sec. 46.  Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read: 

 

Subdivision 1.  Establishment; membership.  The Mineral Coordinating Committee is established to plan for diversified mineral development.  The Mineral Coordinating Committee consists of: 

 

(1) the commissioner of natural resources;

 

(2) the deputy commissioner of the Minnesota Pollution Control Agency;

 

(3) the director of United Steelworkers of America, District 11, or the director's designee;

 

(4) (3) the commissioner of Iron Range resources and rehabilitation;

 

(5) (4) the director of the Minnesota Geological Survey;

 

(6) (5) the dean of the University of Minnesota Institute of Technology;

 

(7) (6) the director of the Natural Resources Research Institute; and

 

(8) three (7) four individuals appointed by the governor for a four-year term, one each representing the iron ore and taconite, nonferrous metallic minerals, and industrial minerals industries within the state and one representing labor.

 

Sec. 47.  Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read: 

 

Subd. 3.  Expiration.  Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the committee expires June 30, 2011 2016.

 

Sec. 48.  Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read: 

 

Subd. 4b.  Citizen oversight subcommittees committees.  (a) The commissioner shall appoint subcommittees committees of affected persons to review the reports prepared under subdivision 4; review the proposed work plans and budgets for the coming year; propose changes in policies, activities, and revenue enhancements or reductions; review other relevant information; and make recommendations to the legislature and the commissioner for improvements in the management and use of money in the game and fish fund.

 

(b) The commissioner shall appoint the following subcommittees committees, each comprised of at least three ten affected persons: 

 

(1) a Fisheries Operations Subcommittee Oversight Committee to review fisheries funding and expenditures, excluding including activities related to trout and salmon stamp stamps and walleye stamp funding stamps; and


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(2) a Wildlife Operations Subcommittee Oversight Committee to review wildlife funding and expenditures, excluding including activities related to migratory waterfowl, pheasant, and wild turkey management funding and excluding review of the amounts available under section 97A.075, subdivision 1, paragraphs (b) and (c); deer and big game management.

 

(3) a Big Game Subcommittee to review the report required in subdivision 4, paragraph (a), clause (2);

 

(4) an Ecological Resources Subcommittee to review ecological services funding;

 

(5) a subcommittee to review game and fish fund funding of enforcement and operations support;

 

(6) a subcommittee to review the trout and salmon stamp report and address funding issues related to trout and salmon;

 

(7) a subcommittee to review the report on the migratory waterfowl stamp and address funding issues related to migratory waterfowl;

 

(8) a subcommittee to review the report on the pheasant stamp and address funding issues related to pheasants;

 

(9) a subcommittee to review the report on the wild turkey management account and address funding issues related to wild turkeys; and

 

(10) a subcommittee to review the walleye stamp and address funding issues related to walleye stocking.

 

(c) The chairs of each of the subcommittees Fisheries Oversight Committee and the Wildlife Oversight Committee, and four additional members from each committee, shall form a Budgetary Oversight Committee to coordinate the integration of the subcommittee fisheries and wildlife oversight committee reports into an annual report to the legislature; recommend changes on a broad level in policies, activities, and revenue enhancements or reductions; and provide a forum to address issues that transcend the subcommittees; and submit a report for any subcommittee that fails to submit its report in a timely manner fisheries and wildlife oversight committees.

 

(d) The Budgetary Oversight Committee shall develop recommendations for a biennial budget plan and report for expenditures on game and fish activities.  By August 15 of each even-numbered year, the committee shall submit the budget plan recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance.

 

(e) Each subcommittee shall choose its own chair, except that The chairs of the Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen by their respective committees.  The chair of the Budgetary Oversight Committee shall be appointed by the commissioner and may not be the chair of any of the subcommittees either of the other oversight committees.

 

(f) The Budgetary Oversight Committee must may make recommendations to the commissioner and to the senate and house of representatives committees with jurisdiction over natural resources finance for outcome goals from expenditures.

 

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010 2015.


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Sec. 49.  [97A.134] ADOPT-A-WMA PROGRAM.

 

Subdivision 1.  Creation.  The Minnesota adopt-a-WMA (wildlife management area) program is established.  The commissioner shall coordinate the program through the regional offices of the Department of Natural Resources.

 

Subd. 2.  Agreements.  (a) The commissioner shall enter into informal agreements with sporting, outdoor, business, and civic groups or individuals for volunteer services to maintain and make improvements to real property on state wildlife management areas in accordance with plans devised by the commissioner after consultation with the groups or individuals.

 

(b) The commissioner may erect appropriate signs to recognize and express appreciation to groups and individuals providing volunteer services under the adopt-a-WMA program.

 

(c) The commissioner may provide assistance to enhance the comfort and safety of volunteers and to facilitate the implementation and administration of the adopt-a-WMA program.

 

Sec. 50.  Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read: 

 

Subd. 2.  Powers.  Subject to the provisions of chapters 97A, 103D, 103E, 103G, and 115, and the rules and regulations of the respective agencies and governing bodies vested with jurisdiction and authority under those chapters, the district has the following powers to: 

 

(1) regulate the types of boats permitted to use the lake and set service fees;

 

(2) limit the use of motors, including their types and horsepower, on the lake;

 

(3) regulate, maintain, and police public beaches, public docks, and other public facilities for access to the lake within the territory of the municipalities;

 

(4) limit by rule the use of the lake at various times and the use of various parts of the lake;

 

(5) regulate the speed of boats on the lake and the conduct of other activities on the lake to secure the safety of the public and the most general public use;

 

(6) contract with other law enforcement agencies to police the lake and its shores;

 

(7) regulate the construction, installation, and maintenance of permanent and temporary docks and moorings consistent with federal and state law;

 

(8) regulate the construction and use of mechanical and chemical means of deicing the lake and to regulate the mechanical and chemical means of removal of weeds and algae from the lake;

 

(9) regulate the construction, configuration, size, location, and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities.  The regulation shall be consistent with the applicable municipal building codes and zoning ordinances where said marinas are situated;

 

(10) contract with other governmental bodies to perform any of the functions of the district;


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(11) undertake research to determine the condition and development of the lake and the water entering it and to transmit their studies to the Pollution Control Agency and other interested authorities; and to develop a comprehensive program to eliminate pollution;

 

(12) receive financial assistance from and join in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and demonstration programs related to them;

 

(13) petition the board of managers of a watershed district where the White Bear Lake Conservation District is located for improvements under section 103D.705, for which a bond may not be required of the district; and

 

(14) to require the submission of all plans pertaining to or affecting construction or other lakeshore use on any lot or parcel of land abutting the shoreline including:  length of setback from the shoreline, adjoining property, or any street or highway; problems of population density; possible water, air or visual pollution; or height of construction.  The board shall have 60 days after submission of plans or any part thereof for review.  If, within 60 days of submission the board finds the plan or any part is inconsistent with its plans or ordinances, it may recommend that the plan or any part be revised and resubmitted.

 

Sec. 51.  Minnesota Statutes 2010, section 103F.705, is amended to read: 

 

103F.705 PURPOSE.

 

(a) It is the purpose of the legislature in enacting sections 103F.701 to 103F.761 103F.755 to protect and improve, enhance, and restore surface and ground water in the state, through financial and technical assistance to local units of government to control prevent water pollution, including that associated with land use and land management activities., and

 

(b) It is also the purpose of the legislature to: 

 

(1) identify water quality problems and their causes;

 

(2) direct technical and financial resources to resolve water quality problems and to abate their causes;

 

(3) provide technical and financial resources to local units of government for implementation of water quality protection and improvement projects;

 

(4) coordinate a nonpoint source pollution control program with elements of the existing state water quality program and other existing resource management programs; and

 

(5) to provide a legal basis for state implementation of federal laws controlling nonpoint source water pollution.

 

Sec. 52.  Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read: 

 

Subd. 8.  Project.  "Project" means the diagnostic study identification of water pollution caused by nonpoint sources of water pollution and its causes, a plan to implement best management practices prevent water pollution or protect and improve water quality, and the physical features constructed or actions taken by a local unit of government to implement best management practices measures taken to prevent water pollution or protect and improve water quality.

 

Sec. 53.  Minnesota Statutes 2010, section 103F.715, is amended to read: 

 

103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.

 

A clean water partnership program is established as provided in sections 103F.701 to 103F.761 103F.755.  The agency shall administer the program in accordance with these sections.  As a basis for the program, the agency and the Metropolitan Council shall conduct an assessment of waters in accordance with section 103F.721.  The agency


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shall then provide financial and technical assistance in accordance with section 103F.725 to local units of government for projects in geographical areas that contribute to surface or ground water flows.  The projects shall provide for protection and improvement, enhancement, or restoration of surface and ground water from nonpoint sources of water pollution. 

 

Sec. 54.  Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read: 

 

Subdivision 1.  Grants.  (a) The agency may award grants for up to 50 percent of the eligible cost for: projects.

 

(1) the development of a diagnostic study and implementation plan; and

 

(2) the implementation of that plan.

 

(b) The agency shall determine which costs are eligible costs and grants shall be made and used only for eligible costs.

 

Sec. 55.  Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to read: 

 

Subd. 1a.  Loans.  (a) Up to $36,000,000 $50,000,000 of the balance in the clean water revolving fund in section 446A.07, as determined by the Public Facilities Authority, may be provided to the commissioner for the establishment of a clean water partnership loan program.

 

(b) The agency may award loans for up to 100 percent of the costs associated with activities identified by the agency as best management practices pursuant to section 319 and section 320 of the federal Water Quality Act of 1987, as amended, including associated administrative costs.

 

(c) Loans may be used to finance clean water partnership grant project eligible costs not funded by grant assistance.

 

(d) The interest rate, at or below market rate, and the term, not to exceed 20 years, shall be determined by the agency in consultation with the Public Facilities Authority.

 

(e) The repayment must be deposited in the clean water revolving fund under section 446A.07.

 

(f) The local unit of government receiving the loan is responsible for repayment of the loan.

 

(g) For the purpose of obtaining a loan from the agency, a local government unit may provide to the agency its general obligation note.  All obligations incurred by a local government unit in obtaining a loan from the agency must be in accordance with chapter 475, except that so long as the obligations are issued to evidence a loan from the agency to the local government unit, an election is not required to authorize the obligations issued, and the amount of the obligations shall not be included in determining the net indebtedness of the local government unit under the provisions of any law or chapter limiting the indebtedness.

 

Sec. 56.  Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read: 

 

Subd. 2.  Eligibility; documents required.  (a) Local units of government are eligible to apply for assistance.  An applicant for assistance shall submit the following to the agency: 

 

(1) an application a project proposal form as prescribed by the agency; and

 

(2) evidence that the applicant has consulted with the involved local soil and water conservation districts and watershed districts, where they exist, in preparing the application; and.


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(3) (b) The proposed project must be identified in at least one of the following documents: 

 

(i) (1) the comprehensive water plan authorized under sections 103B.301 to 103B.355;

 

(ii) (2) a surface water management plan required under section 103B.231;

 

(iii) (3) an overall plan required under chapter 103D; or

 

(iv) (4) any other local plan that provides an inventory of existing physical and hydrologic information on the area, a general identification of water quality problems and goals, and that demonstrates a local commitment to water quality protection or improvement., enhancement, or restoration;

 

(5) an approved total maximum daily load (TMDL) or a TMDL implementation plan; or

 

(6) a watershed protection and restoration strategy implementation plan.

 

(b) After July 1, 1991, only projects that are a part of, or are responsive to, a local water plan under the Comprehensive Local Water Management Act, chapter 103D, or sections 103B.211 to 103B.255, will be eligible under paragraph (a), clause (3). 

 

(c) The document submitted in compliance with paragraph (a), clause (2), must identify existing and potential nonpoint source water pollution problems and must recognize the need and demonstrate the applicant's commitment to abate or prevent water pollution from nonpoint sources in the geographic areas for which the application is submitted.

 

Sec. 57.  Minnesota Statutes 2010, section 103F.735, is amended to read: 

 

103F.735 AGENCY REVIEW OF APPLICATIONS PROPOSALS.

 

Subdivision 1.  Ranking of applications proposals.  The agency shall rank applications proposals for technical and financial assistance in order of priority and shall, within the limits of available appropriations, grant those applications proposals having the highest priority.  The agency shall by rule adopt appropriate criteria to determine the priority of projects.

 

Subd. 2.  Criteria.  (a) The criteria shall give the highest priority to projects that best demonstrate compliance with the objectives in paragraphs (b) to (e) (d).

 

(b) The project demonstrates participation, coordination, and cooperation between local units of government and, other public agencies, including soil and water conservation districts or watershed districts, or both those districts and local stakeholders.

 

(c) The degree of water quality improvement or protection, enhancement, or restoration is maximized relative to the cost of implementing the best management practices.

 

(d) Best management practices provide a feasible means to abate or prevent nonpoint source water pollution.

 

(e) The project goals and objectives are consistent with the state water quality management plans, the statewide resource assessment conducted under section 103F.721, and other applicable state and local resource management programs.


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Sec. 58.  Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read: 

 

Subdivision 1.  Implementation according to law and contract.  A local unit of government receiving technical or financial assistance, or both, from the agency shall carry out the implementation plan project approved by the agency according to the terms of the plan, the provisions of a contract or grant agreement made with the agency and according to sections 103F.701 to 103F.761 103F.755, the rules of the agency, and applicable federal requirements. 

 

Sec. 59.  Minnesota Statutes 2010, section 103F.745, is amended to read: 

 

103F.745 RULES.

 

(a) The agency shall adopt rules necessary to implement sections 103F.701 to 103F.761 103F.755.  The rules shall contain at a minimum: 

 

(1) procedures to be followed by local units of government in applying for technical or financial assistance or both;

 

(2) conditions for the administration of assistance;

 

(3) procedures for the development, evaluation, and implementation of best management practices requirements for a project;

 

(4) requirements for a diagnostic study and implementation plan criteria for the evaluation and approval of a project;

 

(5) criteria for the evaluation and approval of a diagnostic study and implementation plan;

 

(6) criteria for the evaluation of best management practices;

 

(7) criteria for the ranking of projects in order of priority for assistance;

 

(8) (6) criteria for defining and evaluating eligible costs and cost-sharing by local units of government applying for assistance;

 

(7) requirements for providing measurable outcomes; and

 

(9) (8) other matters as the agency and the commissioner find necessary for the proper administration of sections 103F.701 to 103F.761 103F.755, including any rules determined by the commissioner to be necessary for the implementation of federal programs to control nonpoint source water pollution protect, enhance, or restore water quality. 

 

(b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria established by rule for the clean water partnership grants program shall guide requirements and administrative procedures for the loan program until January 1, 1996, or the effective date of the administrative rules for the clean water partnership loan program, whichever occurs first. 

 

Sec. 60.  Minnesota Statutes 2010, section 103F.751, is amended to read: 

 

103F.751 NONPOINT SOURCE POLLUTION CONTROL MANAGEMENT PLAN AND PROGRAM EVALUATION.

 

To coordinate the programs and activities used to control nonpoint sources of pollution to achieve the state's water quality goals, the agency shall: 


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(1) develop a state plan for the control of nonpoint source water pollution to meet the requirements of the federal Clean Water Act;, and,

 

(2) work through the Environmental Quality Board to coordinate the activities and programs of federal, state, and local agencies involved in nonpoint source pollution control and, as appropriate, develop agreements with federal and state agencies to accomplish the purposes and objectives of the state nonpoint source pollution control management plan; and.

 

(3) evaluate the effectiveness of programs in achieving water quality goals and recommend to the legislature, under section 3.195, subdivision 1, any necessary amendments to sections 103F.701 to 103F.761.

 

Sec. 61.  Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to read: 

 

Subd. 10e.  Local government unit.  "Local government unit" means: 

 

(1) outside of the seven-county metropolitan area, a city council, county board of commissioners, or a soil and water conservation district or their delegate;

 

(2) in the seven-county metropolitan area, a city council, a town board under section 368.01, a watershed management organization under section 103B.211, or a soil and water conservation district or their delegate; and

 

(3) on state land, the agency with administrative responsibility for the land; and

 

(4) for wetland banking projects established solely for replacing wetland impacts under a permit to mine under section 93.481, the commissioner of natural resources.

 

Sec. 62.  Minnesota Statutes 2010, section 103G.005, is amended by adding a subdivision to read: 

 

Subd. 10f.  Electronic transmission.  "Electronic transmission" means the transfer of data or information through an electronic data interchange system consisting of, but not limited to, computer modems and computer networks.  Electronic transmission specifically means electronic mail, unless other means of electronic transmission are mutually agreed to by the sender and recipient.

 

Sec. 63.  Minnesota Statutes 2010, section 103G.2212, is amended to read: 

 

103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS OR FILLS WETLANDS.

 

Subdivision 1.  Conditions for employees and agents to drain or fill wetlands.  An agent or employee of another may not drain or fill a wetland, wholly or partially, unless the agent or employee has: 

 

(1) obtained a signed statement from the property owner stating that the wetland replacement plan required for the work has been obtained or that a replacement plan is not required; and

 

(2) mailed or sent by electronic transmission a copy of the statement to the local government unit with jurisdiction over the wetland.

 

Subd. 2.  Violation is separate offense.  Violation of this section is a separate and independent offense from other violations of sections 103G.2212 to 103G.237. 


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Subd. 3.  Form for compliance with this section.  The board shall develop a form to be distributed to contractors' associations, local government units, and soil and water conservation districts to comply with this section.  The form must include: 

 

(1) a listing of the activities for which a replacement plan is required;

 

(2) a description of the penalties for violating sections 103G.2212 to 103G.237;

 

(3) the telephone number to call for information on the responsible local government unit;

 

(4) a statement that national wetland inventory maps are on file with the soil and water conservation district office; and

 

(5) spaces for a description of the work and the names, mailing addresses or other contact information, and telephone numbers of the person authorizing the work and the agent or employee proposing to undertake it.

 

Sec. 64.  Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read: 

 

Subdivision 1.  Requirements.  (a) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value under a replacement plan approved as provided in section 103G.2242, a replacement plan under a local governmental unit's comprehensive wetland protection and management plan approved by the board under section 103G.2243, or, if a permit to mine is required under section 93.481, under a mining reclamation plan approved by the commissioner under the permit to mine.  For project-specific wetland replacement completed prior to wetland impacts authorized or conducted under a permit to mine within the Great Lakes and Rainy River watershed basins, those basins shall be considered a single watershed for purposes of determining wetland replacement ratios.  Mining reclamation plans shall apply the same principles and standards for replacing wetlands by restoration or creation of wetland areas that are applicable to mitigation plans approved as provided in section 103G.2242.  Public value must be determined in accordance with section 103B.3355 or a comprehensive wetland protection and management plan established under section 103G.2243.  Sections 103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently flooded areas of types 3, 4, and 5 wetlands.

 

(b) Replacement must be guided by the following principles in descending order of priority: 

 

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;

 

(2) minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation;

 

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;

 

(4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity;

 

(5) compensating for the impact by restoring a wetland; and

 

(6) compensating for the impact by replacing or providing substitute wetland resources or environments.

 

For a project involving the draining or filling of wetlands in an amount not exceeding 10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, paragraph (a), the local government unit may make an on-site sequencing determination without a written alternatives analysis from the applicant.


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(c) If a wetland is located in a cultivated field, then replacement must be accomplished through restoration only without regard to the priority order in paragraph (b), provided that a deed restriction is placed on the altered wetland prohibiting nonagricultural use for at least ten years.

 

(d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs (b) and (e), the local government unit may require a deed restriction that prohibits nonagricultural use for at least ten years unless the drained wetland is replaced as provided under this section.  The local government unit may require the deed restriction if it determines the wetland area drained is at risk of conversion to a nonagricultural use within ten years based on the zoning classification, proximity to a municipality or full service road, or other criteria as determined by the local government unit.

 

(e) Restoration and replacement of wetlands must be accomplished in accordance with the ecology of the landscape area affected and ponds that are created primarily to fulfill storm water management, and water quality treatment requirements may not be used to satisfy replacement requirements under this chapter unless the design includes pretreatment of runoff and the pond is functioning as a wetland.

 

(f) Except as provided in paragraph (g), for a wetland or public waters wetland located on nonagricultural land, replacement must be in the ratio of two acres of replaced wetland for each acre of drained or filled wetland.

 

(g) For a wetland or public waters wetland located on agricultural land or in a greater than 80 percent area, replacement must be in the ratio of one acre of replaced wetland for each acre of drained or filled wetland.

 

(h) Wetlands that are restored or created as a result of an approved replacement plan are subject to the provisions of this section for any subsequent drainage or filling.

 

(i) Except in a greater than 80 percent area, only wetlands that have been restored from previously drained or filled wetlands, wetlands created by excavation in nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, or wetlands created by dikes or dams associated with the restoration of previously drained or filled wetlands may be used in a statewide banking program established in rules adopted under section 103G.2242, subdivision 1.  Modification or conversion of nondegraded naturally occurring wetlands from one type to another are not eligible for enrollment in a statewide wetlands bank.

 

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision 2, shall ensure that sufficient time has occurred for the wetland to develop wetland characteristics of soils, vegetation, and hydrology before recommending that the wetland be deposited in the statewide wetland bank.  If the Technical Evaluation Panel has reason to believe that the wetland characteristics may change substantially, the panel shall postpone its recommendation until the wetland has stabilized.

 

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply to the state and its departments and agencies.

 

(l) For projects involving draining or filling of wetlands associated with a new public transportation project, and for projects expanded solely for additional traffic capacity, public transportation authorities may purchase credits from the board at the cost to the board to establish credits.  Proceeds from the sale of credits provided under this paragraph are appropriated to the board for the purposes of this paragraph.  For the purposes of this paragraph, "transportation project" does not include an airport project.

 

(m) A replacement plan for wetlands is not required for individual projects that result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, or replacement of a currently serviceable existing state, city, county, or town public road necessary, as determined by the public transportation authority, to meet state or federal design or safety standards or requirements, excluding new roads or roads expanded solely for additional traffic capacity lanes.  This paragraph only applies to authorities for public transportation projects that: 


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(1) minimize the amount of wetland filling or draining associated with the project and consider mitigating important site-specific wetland functions on site;

 

(2) except as provided in clause (3), submit project-specific reports to the board, the Technical Evaluation Panel, the commissioner of natural resources, and members of the public requesting a copy at least 30 days prior to construction that indicate the location, amount, and type of wetlands to be filled or drained by the project or, alternatively, convene an annual meeting of the parties required to receive notice to review projects to be commenced during the upcoming year; and

 

(3) for minor and emergency maintenance work impacting less than 10,000 square feet, submit project-specific reports, within 30 days of commencing the activity, to the board that indicate the location, amount, and type of wetlands that have been filled or drained.

 

Those required to receive notice of public transportation projects may appeal minimization, delineation, and on-site mitigation decisions made by the public transportation authority to the board according to the provisions of section 103G.2242, subdivision 9.  The Technical Evaluation Panel shall review minimization and delineation decisions made by the public transportation authority and provide recommendations regarding on-site mitigation if requested to do so by the local government unit, a contiguous landowner, or a member of the Technical Evaluation Panel.

 

Except for state public transportation projects, for which the state Department of Transportation is responsible, the board must replace the wetlands, and wetland areas of public waters if authorized by the commissioner or a delegated authority, drained or filled by public transportation projects on existing roads.

 

Public transportation authorities at their discretion may deviate from federal and state design standards on existing road projects when practical and reasonable to avoid wetland filling or draining, provided that public safety is not unreasonably compromised.  The local road authority and its officers and employees are exempt from liability for any tort claim for injury to persons or property arising from travel on the highway and related to the deviation from the design standards for construction or reconstruction under this paragraph.  This paragraph does not preclude an action for damages arising from negligence in construction or maintenance on a highway.

 

(n) If a landowner seeks approval of a replacement plan after the proposed project has already affected the wetland, the local government unit may require the landowner to replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise required.

 

(o) A local government unit may request the board to reclassify a county or watershed on the basis of its percentage of presettlement wetlands remaining.  After receipt of satisfactory documentation from the local government, the board shall change the classification of a county or watershed.  If requested by the local government unit, the board must assist in developing the documentation.  Within 30 days of its action to approve a change of wetland classifications, the board shall publish a notice of the change in the Environmental Quality Board Monitor.

 

(p) One hundred citizens who reside within the jurisdiction of the local government unit may request the local government unit to reclassify a county or watershed on the basis of its percentage of presettlement wetlands remaining.  In support of their petition, the citizens shall provide satisfactory documentation to the local government unit.  The local government unit shall consider the petition and forward the request to the board under paragraph (o) or provide a reason why the petition is denied.

 

Sec. 65.  Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read: 

 

Subd. 3.  Wetland replacement siting.  (a) Siting wetland replacement Impacted wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less than 50 percent area.  Impacted wetlands in a less than 50 percent area must be replaced in a less than 50 percent area.  All wetland replacement must follow this priority order: 


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(1) on site or in the same minor watershed as the affected impacted wetland;

 

(2) in the same watershed as the affected impacted wetland;

 

(3) in the same county or wetland bank service area as the affected impacted wetland;

 

(4) for replacement by wetland banking, in the same wetland bank service area as the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a less than 50 percent area;

 

(5) for project specific replacement, in an adjacent watershed to the affected wetland, or for replacement by wetland banking, in an adjacent another wetland bank service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a less than 50 percent area; and

 

(6) (5) statewide for public transportation projects, except that wetlands affected impacted in less than 50 percent areas must be replaced in less than 50 percent areas, and wetlands affected impacted in the seven-county metropolitan area must be replaced at a ratio of two to one in:  (i) the affected county or, (ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds that are wholly or partially within the seven-county metropolitan area, but at least one to one must be replaced within the seven-county metropolitan area.

 

(b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80 percent areas may follow the priority order under this paragraph:  (1) by wetland banking after evaluating on-site replacement and replacement within the watershed; (2) replaced in an adjacent wetland bank service area if wetland bank credits are not reasonably available in the same wetland bank service area as the affected wetland, as determined by a comprehensive inventory approved by the board; and (3) statewide.

 

(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county metropolitan area must follow the priority order under this paragraph:  (1) in the affected county; (2) in another of the seven metropolitan counties; or (3) in one of the major watersheds that are wholly or partially within the seven-county metropolitan area, but at least one to one must be replaced within the seven-county metropolitan area.

 

(d) The exception in paragraph (a), clause (6) (5), does not apply to replacement completed using wetland banking credits established by a person who submitted a complete wetland banking application to a local government unit by April 1, 1996.

 

(e) (c) When reasonable, practicable, and environmentally beneficial replacement opportunities are not available in siting priorities listed in paragraph (a), the applicant may seek opportunities at the next level.

 

(f) (d) For the purposes of this section, "reasonable, practicable, and environmentally beneficial replacement opportunities" are defined as opportunities that: 

 

(1) take advantage of naturally occurring hydrogeomorphological conditions and require minimal landscape alteration;

 

(2) have a high likelihood of becoming a functional wetland that will continue in perpetuity;

 

(3) do not adversely affect other habitat types or ecological communities that are important in maintaining the overall biological diversity of the area; and


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(4) are available and capable of being done after taking into consideration cost, existing technology, and logistics consistent with overall project purposes.

 

(e) Applicants and local government units shall rely on board-approved comprehensive inventories of replacement opportunities and watershed conditions, including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January 2010), in determining whether reasonable, practicable, and environmentally beneficial replacement opportunities are available.

 

(g) (f) Regulatory agencies, local government units, and other entities involved in wetland restoration shall collaborate to identify potential replacement opportunities within their jurisdictional areas.

 

Sec. 66.  Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to read: 

 

Subd. 2a.  Wetland boundary or type determination.  (a) A landowner may apply for a wetland boundary or type determination from the local government unit.  The landowner applying for the determination is responsible for submitting proof necessary to make the determination, including, but not limited to, wetland delineation field data, observation well data, topographic mapping, survey mapping, and information regarding soils, vegetation, hydrology, and groundwater both within and outside of the proposed wetland boundary.

 

(b) A local government unit that receives an application under paragraph (a) may seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if necessary, expand the Technical Evaluation Panel.  The local government unit may delegate the decision authority for wetland boundary or type determinations to designated staff, or establish other procedures it considers appropriate.

 

(c) The local government unit decision must be made in compliance with section 15.99.  Within ten calendar days of the decision, the local government unit decision must be mailed or sent by electronic transmission to the landowner, members of the Technical Evaluation Panel, the watershed district or watershed management organization, if one exists, and individual members of the public who request a copy.

 

(d) Appeals of decisions made by designated local government staff must be made to the local government unit.  Notwithstanding any law to the contrary, a ruling on an appeal must be made by the local government unit within 30 days from the date of the filing of the appeal.

 

(e) The local government unit decision is valid for three five years unless the Technical Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.

 

Sec. 67.  Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to read: 

 

Subd. 6.  Notice of application.  (a) Except as provided in paragraph (b), within ten days of receiving an Application for approval of a replacement plan under this section, must be reviewed by the local government according to section 15.99, subdivision 3, paragraph (a).  Copies of the complete application must be mailed or sent by electronic transmission to the members of the Technical Evaluation Panel, the managers of the watershed district if one exists, and the commissioner of natural resources.  Individual members of the public who request a copy shall be provided information to identify the applicant and the location and scope of the project.

 

(b) Within ten days of receiving an application for approval of a replacement plan under this section for an activity affecting less than 10,000 square feet of wetland, a summary of the application must be mailed to the members of the Technical Evaluation Panel, individual members of the public who request a copy, and the commissioner of natural resources.


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(c) For the purpose of this subdivision, "application" includes a revised application for replacement plan approval and an application for a revision to an approved replacement plan if: 

 

(1) the wetland area to be drained or filled under the revised replacement plan is at least ten percent larger than the area to be drained or filled under the original replacement plan; or

 

(2) the wetland area to be drained or filled under the revised replacement is located more than 500 feet from the area to be drained or filled under the original replacement plan.

 

Sec. 68.  Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to read: 

 

Subd. 7.  Notice of decision.  Within ten days of the approval or denial of a replacement plan under this section, a summary of the approval or denial notice of the decision must be mailed or sent by electronic transmission to members of the Technical Evaluation Panel, the applicant, individual members of the public who request a copy, the managers of the watershed district, if one exists, and the commissioner of natural resources.

 

Sec. 69.  Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to read: 

 

Subd. 9.  Appeal Appeals to the board.  (a) Appeal of a replacement plan, sequencing, exemption, wetland banking, wetland boundary or type determination, or no-loss decision, or restoration order may be obtained by mailing a petition and payment of a filing fee, which shall be retained by the board to defray administrative costs, to the board within 30 days after the postmarked date of the mailing or date of sending by electronic transmission specified in subdivision 7.  If appeal is not sought within 30 days, the decision becomes final.  If the petition for hearing is accepted, the amount posted must be returned to the petitioner.  Appeal may be made by: 

 

(1) the wetland owner;

 

(2) any of those to whom notice is required to be mailed or sent by electronic transmission under subdivision 7; or

 

(3) 100 residents of the county in which a majority of the wetland is located.

 

(b) Within 30 days after receiving a petition, the board shall decide whether to grant the petition and hear the appeal.  The board shall grant the petition unless the board finds that: 

 

(1) the appeal is meritless without significant merit, trivial, or brought solely for the purposes of delay;

 

(2) the petitioner has not exhausted all local administrative remedies;

 

(3) expanded technical review is needed;

 

(4) the local government unit's record is not adequate; or

 

(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required by the local government unit.

 

(c) In determining whether to grant the appeal, the board, executive director, or dispute resolution committee shall also consider the size of the wetland, other factors in controversy, any patterns of similar acts by the local government unit or petitioner, and the consequences of the delay resulting from the appeal.

 

(d) All appeals If an appeal is granted, the appeal must be heard by the committee for dispute resolution of the board, and a decision must be made by the board within 60 days of filing the local government unit's record and the written briefs submitted for the appeal and the hearing.  The decision must be served by mail on or by electronic


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transmission to the parties to the appeal, and is not subject to the provisions of chapter 14.  A decision whether to grant a petition for appeal and a decision on the merits of an appeal must be considered the decision of an agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.

 

(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to defray the administrative costs of appeals made to the board under this subdivision.  Fees established under this authority shall not exceed $1,000.  Establishment of the fee is not subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

 

Sec. 70.  Minnesota Statutes 2010, section 103G.2242, is amended by adding a subdivision to read: 

 

Subd. 9a.  Appeals of restoration or replacement orders.  A landowner or other responsible party may appeal the terms and conditions of a restoration or replacement order within 30 days of receipt of written notice of the order.  The time frame for the appeal may be extended beyond 30 days by mutual agreement, in writing, between the landowner or responsible party, the local government unit, and the enforcement authority.  If the written request is not submitted within 30 days, the order is final.  The board's executive director must review the request and supporting evidence and render a decision within 60 days of receipt of a petition.  A decision on an appeal must be considered the decision of an agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.

 

Sec. 71.  Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to read: 

 

Subd. 14.  Fees established.  (a) Fees must be assessed for managing wetland bank accounts and transactions as follows: 

 

(1) account maintenance annual fee:  one percent of the value of credits not to exceed $500;

 

(2) account establishment, deposit, or transfer:  6.5 percent of the value of credits not to exceed $1,000 per establishment, deposit, or transfer; and

 

(3) withdrawal fee:  6.5 percent of the value of credits withdrawn.

 

(b) The board may establish fees at or below the amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.

 

(c) Fees for single-user or other dedicated wetland banking accounts established pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment of a wetland banking account and are assessed at the rate of 6.5 percent of the value of the credits not to exceed $1,000.

 

Sec. 72.  Minnesota Statutes 2010, section 103G.2251, is amended to read: 

 

103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT.

 

In greater than 80 percent areas, preservation of wetlands owned by the state or a local unit of government, protected by a permanent conservation easement as defined under section 84C.01 and held by the board, may be eligible for wetland replacement or mitigation credits, according to rules adopted by the board.  To be eligible for credit under this section, a conservation easement must be established after May 24, 2008, and approved by the board.  Wetland areas on private lands preserved under this section are not eligible for replacement or mitigation credit if the area has been protected using public conservation funds.


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Sec. 73.  [103G.2373] ELECTRONIC TRANSMISSION.

 

For purposes of sections 103G.2112 to 103G.2372, notices and other documents may be sent by electronic transmission unless the recipient has provided a mailing address and specified that mailing is preferred.

 

Sec. 74.  Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read: 

 

Subd. 5.  Demand for hearing.  (a) If a hearing is waived and an order is made issuing or denying the permit, the applicant, the managers of the watershed district, the board of supervisors of the soil and water conservation district, or the mayor council or board of the municipality may file a demand for hearing on the application.  The demand for a hearing must be filed within 30 days after mailed notice of the order with the bond required by subdivision 6.

 

(b) The commissioner must give notice as provided in subdivision 2, hold a hearing on the application, and make a determination on issuing or denying the permit as though the previous order had not been made.

 

(c) The order issuing or denying the permit becomes final at the end of 30 days after mailed notice of the order to the applicant, the managers of the watershed district, the board of supervisors of the soil and water conservation district, or the mayor council or board of the municipality, and an appeal of the order may not be taken if: 

 

(1) the commissioner waives a hearing and a demand for a hearing is not made; or

 

(2) a hearing is demanded but a bond is not filed as required by subdivision 6.

 

Sec. 75.  Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read: 

 

Subdivision 1.  Authorization Issuance; validity.  (a) The commissioner may issue permits, with or without a fee, to: 

 

(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;

 

(2) transplant aquatic plants into public waters;

 

(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters under prescribed conditions to protect the waters, desirable species of fish, vegetation, other forms of aquatic life, and the public.

 

(b) Application for a permit must be accompanied by a permit fee, if required.

 

(c) An aquatic plant management permit is valid for one growing season and expires on December 31 of the year it is issued unless the commissioner stipulates a different expiration date in rule or in the permit.

 

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

 

Sec. 76.  Minnesota Statutes 2010, section 103G.615, is amended by adding a subdivision to read: 

 

Subd. 3a.  Invasive aquatic plant management permit.  (a) "Invasive aquatic plant management permit" means an aquatic plant management permit as defined in Minnesota Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic plants at a scale to cause a significant lakewide or baywide reduction in the abundance of the invasive aquatic plant.


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(b) The commissioner may waive the dated signature of approval requirement in Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management permits if obtaining signatures would create an undue burden on the permittee or if the commissioner determines that aquatic plant control is necessary to protect natural resources.

 

(c) If the signature requirement is waived under paragraph (b) because obtaining signatures would create an undue burden on the permittee, the commissioner shall require an alternate form of landowner notification, including news releases or public notices in a local newspaper, a public meeting, or a mailing to the most recent permanent address of affected landowners.  The notification must be given annually and must include:  the proposed date of treatment, the target species, the method of control or product being used, and instructions on how the landowner may request that control not occur adjacent to the landowner's property.

 

(d) For an invasive aquatic plant management permit, the commissioner may allow dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart 1a, to remain valid for three years if property ownership remains unchanged.

 

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

 

Sec. 77.  Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision to read: 

 

Subd. 11.  Aquatic application of pesticides.  (a) The agency may issue national pollutant discharge elimination system permits for pesticide applications to waters of the United States that are required by federal law or rule.  The agency shall not require permits for aquatic pesticide applications beyond what is required by federal law or rule.

 

(b) The agency shall not regulate or require permits for the terrestrial application of pesticides.

 

Sec. 78.  Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read: 

 

Subd. 2.  Local ordinances.  (a) All counties must adopt ordinances that comply with revisions to the subsurface sewage treatment system rules within two years of the final adoption by the agency unless all towns and cities in the county have adopted such ordinances.  County ordinances must apply to all areas of the county other than cities or towns that have adopted ordinances that comply with this section and are as strict as the applicable county ordinances.

 

(b) A copy of each ordinance adopted under this subdivision must be submitted to the commissioner upon adoption.

 

(c) A local unit of government must make available to the public upon request a written list of any differences between its ordinances and rules adopted under this section.

 

Sec. 79.  Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to read: 

 

Subd. 25a.  Recyclable materials.  "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, and batteries, and source-separated compostable materials.  Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.

 

Sec. 80.  Minnesota Statutes 2010, section 115A.95, is amended to read: 

 

115A.95 RECYCLABLE MATERIALS.

 

(a) Recyclable materials must be delivered to the appropriate materials processing facility as outlined in Minnesota Rules, parts 7035.2836 and 7035.2845, or any other facility permitted to recycle or compost the materials.


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(b) A disposal facility or a resource recovery facility that is composting mixed municipal solid waste, burning waste, or converting waste to energy or to materials for combustion may not accept source-separated recyclable materials, and a solid waste collector or transporter may not deliver source-separated recyclable materials to such a facility, except for recycling or transfer to a recycler, unless the commissioner determines that no other person is willing to accept the recyclable materials.

 

Sec. 81.  Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read: 

 

Subd. 8.  Transfer of title; disposal of property.  The owner of a qualified facility may, as part of the owner's activities under section 115B.40, subdivision 4 or 5, offer to transfer title to all or any portion of the property described in the facility's most recent permit, including any property adjacent to that property the owner wishes to transfer, to the commissioner.  The commissioner may accept the transfer of title if the commissioner determines that to do so is in the best interest of the state.  If, after transfer of title to the property, the commissioner determines that no further response actions are required on the portion of the property being disposed of under sections 115B.39 to 115B.445 and it is in the best interest of the state to dispose of property acquired under this subdivision, the commissioner may do so under section 115B.17, subdivision 16.  The property disposed of under this subdivision is no longer part of the qualified facility.

 

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

 

Sec. 82.  Minnesota Statutes 2010, section 115B.412, is amended by adding a subdivision to read: 

 

Subd. 8a.  Boundary modification.  The commissioner may modify the boundaries of a qualified facility to exclude certain property if the commissioner determines that no further response actions are required to be conducted under sections 115B.39 to 115B.445 on the excluded property and the excluded property is not affected by disposal activities on the remaining portions of the qualified facility.  Any property excluded under this subdivision is no longer part of the qualified facility.

 

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

 

Sec. 83.  Minnesota Statutes 2010, section 115B.412, is amended by adding a subdivision to read: 

 

Subd. 8b.  Delisting.  If all solid waste from a qualified facility has been relocated outside the qualified facility's boundaries and the commissioner has determined that no further response actions are required on the property under sections 115B.39 to 115B.445, the commissioner may delist the facility by removing it from the priority list established under section 115B.40, subdivision 2, after which the property shall no longer be a qualified facility.  The commissioner has no further responsibilities under sections 115B.39 to 115B.445 for a facility delisted under this subdivision.

 

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

 

Sec. 84.  [116C.10] ENVIRONMENTAL PERMIT TIMELINE REQUIREMENT.

 

If environmental review under chapter 116D is or will be conducted for a project and a state agency is the responsible government unit, the state agency named as the responsible government unit shall develop a timeline for all state agency environmental permits required for the project and make that timeline available to the project proposer, within 30 days after complete applications have been submitted for all permits, or by the time of environmental assessment worksheet or draft environmental impact statement publication.  If joint state-federal environmental review is being conducted, the timeline shall also include required federal agency environmental permits.


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Sec. 85.  Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by Laws 2011, chapter 4, section 6, is amended to read: 

 

Subd. 2a.  When prepared.  Where there is potential for significant environmental effects resulting from any major governmental action, the action shall be preceded by a detailed environmental impact statement prepared by the responsible governmental unit.  The environmental impact statement shall be an analytical rather than an encyclopedic document which describes the proposed action in detail, analyzes its significant environmental impacts, discusses appropriate alternatives to the proposed action and their impacts, and explores methods by which adverse environmental impacts of an action could be mitigated.  The environmental impact statement shall also analyze those economic, employment and sociological effects that cannot be avoided should the action be implemented.  To ensure its use in the decision-making process, the environmental impact statement shall be prepared as early as practical in the formulation of an action.  No mandatory environmental impact statement may be required for an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 125,000,000 gallons of ethanol annually and is located outside of the seven-county metropolitan area.

 

(a) The board shall by rule establish categories of actions for which environmental impact statements and for which environmental assessment worksheets shall be prepared as well as categories of actions for which no environmental review is required under this section.  A mandatory environmental assessment worksheet shall not be required for the expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the conversion of an ethanol plant to a biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity of the expanded or converted facility to produce alcohol fuel, but must be required if the ethanol plant meets or exceeds thresholds of other categories of actions for which environmental assessment worksheets must be prepared.  The responsible governmental unit for an ethanol plant project for which an environmental assessment worksheet is prepared shall be the state agency with the greatest responsibility for supervising or approving the project as a whole.

 

(b) The responsible governmental unit shall promptly publish notice of the completion of an environmental assessment worksheet in a manner to be determined by the board and shall provide copies of the environmental assessment worksheet to the board and its member agencies.  Comments on the need for an environmental impact statement may be submitted to the responsible governmental unit during a 30-day period following publication of the notice that an environmental assessment worksheet has been completed.  The responsible governmental unit's decision on the need for an environmental impact statement shall be based on the environmental assessment worksheet and the comments received during the comment period, and shall be made within 15 days after the close of the comment period.  The board's chair may extend the 15-day period by not more than 15 additional days upon the request of the responsible governmental unit.

 

(c) An environmental assessment worksheet shall also be prepared for a proposed action whenever material evidence accompanying a petition by not less than 25 100 individuals who reside or own property in the county or an adjoining county where the proposed action will be located, submitted before the proposed project has received final approval by the appropriate governmental units, demonstrates that, because of the nature or location of a proposed action, there may be potential for significant environmental effects.  Petitions requesting the preparation of an environmental assessment worksheet shall be submitted to the board.  The chair of the board shall determine the appropriate responsible governmental unit and forward the petition to it.  A decision on the need for an environmental assessment worksheet shall be made by the responsible governmental unit within 15 days after the petition is received by the responsible governmental unit.  The board's chair may extend the 15-day period by not more than 15 additional days upon request of the responsible governmental unit.

 

(d) Except in an environmentally sensitive location where Minnesota Rules, part 4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental review under this chapter and rules of the board, if: 


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(1) the proposed action is: 

 

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

 

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity of less than 1,000 animal units;

 

(2) the application for the animal feedlot facility includes a written commitment by the proposer to design, construct, and operate the facility in full compliance with Pollution Control Agency feedlot rules; and

 

(3) the county board holds a public meeting for citizen input at least ten business days prior to the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot facility unless another public meeting for citizen input has been held with regard to the feedlot facility to be permitted.  The exemption in this paragraph is in addition to other exemptions provided under other law and rules of the board.

 

(e) The board may, prior to final approval of a proposed project, require preparation of an environmental assessment worksheet by a responsible governmental unit selected by the board for any action where environmental review under this section has not been specifically provided for by rule or otherwise initiated.

 

(f) An early and open process shall be utilized to limit the scope of the environmental impact statement to a discussion of those impacts, which, because of the nature or location of the project, have the potential for significant environmental effects.  The same process shall be utilized to determine the form, content and level of detail of the statement as well as the alternatives which are appropriate for consideration in the statement.  In addition, the permits which will be required for the proposed action shall be identified during the scoping process.  Further, the process shall identify those permits for which information will be developed concurrently with the environmental impact statement.  The board shall provide in its rules for the expeditious completion of the scoping process.  The determinations reached in the process shall be incorporated into the order requiring the preparation of an environmental impact statement.

 

(g) The responsible governmental unit shall, to the extent practicable, avoid duplication and ensure coordination between state and federal environmental review and between environmental review and environmental permitting.  Whenever practical, information needed by a governmental unit for making final decisions on permits or other actions required for a proposed project shall be developed in conjunction with the preparation of an environmental impact statement.

 

(h) An environmental impact statement shall be prepared and its adequacy determined within 280 days after notice of its preparation unless the time is extended by consent of the parties or by the governor for good cause.  The responsible governmental unit shall determine the adequacy of an environmental impact statement, unless within 60 days after notice is published that an environmental impact statement will be prepared, the board chooses to determine the adequacy of an environmental impact statement.  If an environmental impact statement is found to be inadequate, the responsible governmental unit shall have 60 days to prepare an adequate environmental impact statement.

 

(i) The proposer of a specific action may include in the information submitted to the responsible governmental unit a preliminary draft environmental impact statement under this section on that action for review, modification, and determination of completeness and adequacy by the responsible governmental unit.  A preliminary draft environmental impact statement prepared by the project proposer and submitted to the responsible governmental unit shall identify or include as an appendix all studies and other sources of information used to substantiate the analysis contained in the preliminary draft environmental impact statement.  The responsible governmental unit shall require additional studies, if needed, and obtain from the project proposer all additional studies and information necessary for the responsible governmental unit to perform its responsibility to review, modify, and determine the completeness and adequacy of the environmental impact statement.


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Sec. 86.  Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read: 

 

Subd. 18.  Motor vehicle.  (a) "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily on highways, and not operated exclusively upon railroad tracks.  It includes any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled by electric power obtained from overhead trolley wires but not operated upon rails.  It does not include snowmobiles, manufactured homes, or park trailers.

 

(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle (1) has at least four wheels, (2) is owned and operated by a physically disabled person, and (3) displays both disability plates and a physically disabled certificate issued under section 169.345.

 

(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle before August 1, 1985.  The owner may continue to license an all-terrain vehicle described in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another owner, is destroyed, or fails to comply with the registration and licensing requirements of this chapter.

 

(d) "Motor vehicle" does not include an electric personal assistive mobility device as defined in section 169.011, subdivision 26.

 

(e) "Motor vehicle" does not include a motorized foot scooter as defined in section 169.011, subdivision 46.

 

(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the requirements of chapter 169 according to section 84.788, subdivision 12.

 

Sec. 87.  Minnesota Statutes 2010, section 168A.085, is amended to read: 

 

168A.085 APPLICATION FOR TITLE OR REGISTRATION, CERTAIN CASES.

 

Subdivision 1.  Limitations.  No application for certificate of title or registration may be issued for a vehicle that was not manufactured in compliance with applicable federal emission standards in force at the time of manufacture as provided by the Clean Air Act, United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant thereto, and safety standards as provided by the National Traffic and Motor Safety Act, United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle was not brought into the United States from outside the country or all of the following: 

 

(1) a bond release letter, with all attachments, issued by the United States Department of Transportation acknowledging receipt of a statement of compliance submitted by the importer of the vehicle and that the statement meets the safety requirements as provided by Code of Federal Regulations, title 19, section 12.80(e);

 

(2) a bond release letter, with all attachments, issued by the United States Environmental Protection Agency stating that the vehicle has been tested and known to be in conformity with federal emission requirements; and

 

(3) a receipt or certificate issued by the United States Department of the Treasury showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618, title 2, section 201(a), have been fully paid.

 

Subd. 2.  Accompanying documents.  The application for certificate of title and the application for registration must be accompanied by a manufacturer's certificate of origin in the English language which was issued by the actual vehicle manufacturer and either: 


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(1) the original documents constituting valid proof of ownership in the country in which the vehicle was originally purchased, together with a translation of the documents into the English language verified as to accuracy of the translation by affidavit of the translator; or

 

(2) with regard to a vehicle imported from a country that cancels the vehicle registration and title for export, a bond as required by section 168A.07, subdivision 1, clause (2). 

 

Sec. 88.  Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read: 

 

Subdivision 1.  Designation of roadway, permit.  The governing body of any county, home rule charter or statutory city, or town may by ordinance authorize the operation of motorized golf carts, four-wheel all-terrain vehicles, utility task vehicles, or mini trucks, on designated roadways or portions thereof under its jurisdiction.  Authorization to operate a motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck is by permit only.  For purposes of this section, a four-wheel: 

 

(1) an all-terrain vehicle is a motorized flotation-tired vehicle with four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds, and has the meaning given in section 84.92;

 

(2) a mini truck has the meaning given in section 169.011, subdivision 40a.; and

 

(3) a utility task vehicle means a side-by-side four-wheel drive off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds.

 

Sec. 89.  Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read: 

 

Subd. 2.  Ordinance.  The ordinance shall designate the roadways, prescribe the form of the application for the permit, require evidence of insurance complying with the provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent with the provisions of this section, under which a permit may be granted.  Permits may be granted for a period of not to exceed one year three years, and may be annually renewed.  A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck on the designated roadways.  The ordinance may require, as a condition to obtaining a permit, that the applicant submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck on the roadways designated.

 

Sec. 90.  Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read: 

 

Subd. 3.  Times of operation.  Motorized golf carts and four-wheel, all-terrain vehicles, and utility task vehicles may only be operated on designated roadways from sunrise to sunset, unless equipped with original equipment headlights, taillights, and rear-facing brake lights.  They shall not be operated in inclement weather, except during emergency conditions as provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet.

 

Sec. 91.  Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read: 

 

Subd. 5.  Crossing intersecting highways.  The operator, under permit, of a motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck may cross any street or highway intersecting a designated roadway.


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Sec. 92.  Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read: 

 

Subd. 6.  Application of traffic laws.  Every person operating a motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter, except when those provisions cannot reasonably be applied to motorized golf carts, four-wheel all-terrain vehicles, utility task vehicles, or mini trucks and except as otherwise specifically provided in subdivision 7.

 

Sec. 93.  Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read: 

 

Subd. 7.  Nonapplication of certain laws.  The provisions of chapter 171 are applicable to persons operating mini trucks, but are not applicable to persons operating motorized golf carts, utility task vehicles, or four-wheel all-terrain vehicles under permit on designated roadways pursuant to this section.  Except for the requirements of section 169.70, the provisions of this chapter relating to equipment on vehicles are not applicable to motorized golf carts, utility task vehicles, or four-wheel all-terrain vehicles operating, under permit, on designated roadways.

 

Sec. 94.  Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read: 

 

Subd. 8.  Insurance.  In the event persons operating a motorized golf cart, four-wheel utility task vehicle, all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in the private market, that person may purchase automobile insurance, including no-fault coverage, from the Minnesota Automobile Insurance Plan under sections 65B.01 to 65B.12, at a rate to be determined by the commissioner of commerce.

 

Sec. 95.  Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision to read: 

 

Subd. 16.  Exemption for recreational vehicle manufacturer.  A person responsible for the product may offer for sale, sell, or dispense gasoline that is not oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively for research and development by a manufacturer of snowmobiles, all-terrain vehicles, motorcycles, or recreational vehicles.

 

Sec. 96.  Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read: 

 

Subd. 2.  Fees.  For the purposes of sections 398.31 to 398.36, the county board of any county may prescribe and provide for the collection of fees for the use of any county park or other unit of the county park system or any facilities, accommodations, or services provided for public use therein, such fees not to exceed that prescribed in state parks.

 

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

 

Sec. 97.  Laws 2010, chapter 361, article 4, section 73, is amended to read: 

 

Sec. 73.  SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE ADOPTION DELAY.

 

(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may adopt an ordinance by February 4, 2012 2016, to comply with the February 4, 2008, revisions to subsurface sewage treatment system rules.  By April 4, 2011, the Pollution Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface sewage treatment system rules.  A county must continue to enforce its current ordinance until a new one has been adopted.


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(b) By January 15, 2011, the agency, after consultation with the Board of Water and Soil Resources and the Association of Minnesota Counties, shall report to the chairs and ranking minority members of the senate and house of representatives environment and natural resources policy and finance committees and divisions on: 

 

(1) the technical changes in the rules for subsurface sewage treatment systems that were adopted on February 4, 2008;

 

(2) the progress in local adoption of ordinances to comply with the rules; and

 

(3) the progress in protecting the state's water resources from pollution due to subsurface sewage treatment systems.

 

Sec. 98.  SHALLOW LAKES MANAGEMENT REPORT.

 

By January 1, 2012, the commissioner of natural resources shall submit a report to the senate and house of representatives committees and divisions with jurisdiction over natural resources policy that includes: 

 

(1) a summary of the science and ecology of shallow lakes;

 

(2) a summary of the significance of shallow lakes to continental and state waterfowl populations and Minnesota's waterfowl heritage;

 

(3) examples and documented results of previous temporary water-level management activities;

 

(4) a list of current statutes and rules applicable to shallow lakes including, but not limited to, water-level management of shallow lakes and drainage law under chapter 103E; and

 

(5) a list of any changes to statute necessary that would allow the commissioner of natural resources, through shallow lake management, to better achieve the state's wildlife habitat and clean water goals and address the threats of invasive species, including carp and the use of fish barriers.

 

Sec. 99.  CONSUMPTIVE USE OF WATER.

 

Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature approves of the consumptive use of water under a permit of more than 2,000,000 gallons per day average in a 30-day period in Cook County, in connection with snowmaking and potable water.  Notwithstanding any other law to the contrary, the permit for the consumptive use of water approved under this section shall be issued, subject to the fees specified under Minnesota Statutes, section 103G.271, without any additional administrative process to withdraw up to 150,000,000 gallons of water annually for snowmaking and potable water purposes.  If the flow value of the river is less than the Q90 for five consecutive days, the appropriation must cease until flow levels exceed the Q90 value.  The permit shall be evaluated at the end of five years for impacts to the river and possible alternative water sources.

 

Sec. 100.  RULEMAKING; ENVIRONMENTAL REVIEW AND SOLID WASTE LAND DISPOSAL FACILITY PERMITS.

 

Subdivision 1.  Environmental Quality Board.  The Environmental Quality Board shall amend Minnesota Rules, part 4410.0200, subpart 65, to state that if the proposed action concerns a solid waste land disposal facility: 

 

(1) the project review shall be for the ultimate design capacity of the site based on the requirements of the category; and

 

(2) the responsible governmental unit shall review the project proposed, in conjunction with any existing facility impacts, and shall not modify or change the project without approval of the proposer.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3618

Subd. 2.  Pollution Control Agency.  The Pollution Control Agency shall amend Minnesota Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take into account site capacity for a solid waste land disposal facility.

 

Sec. 101.  DISPOSITION OF EASEMENT FEES.

 

Notwithstanding Minnesota Statutes, section 89.035, or other law to the contrary, 100 percent of the fees paid by a lessee for an easement must be deposited in the permanent school fund.  No amount of the lease fee may be retained by the commissioner for administrative expenses of the lease.

 

Sec. 102.  REVISOR'S INSTRUCTION.

 

The revisor of statutes shall change the range reference "sections 103F.701 to 103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections 103F.701 to 103F.755."

 

Sec. 103.  REPEALER.

 

(a) Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8; 85.013, subdivision 2b; 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; and 103F.761, are repealed.

 

(b) Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.

 

EFFECTIVE DATE.  Paragraph (b) is effective the day following final enactment."

 

      Delete the title and insert:

 

      "A bill for an act relating to natural resources; modifying pesticide control; providing for certain acquisition by exchange; modifying peatland protection; modifying fees and fee disposition; modifying invasive species provisions; modifying cash match requirement for local recreation grants; modifying state water trails and waysides; modifying Mineral Coordinating Committee; providing for citizen oversight committees; creating adopt-a-WMA program; modifying definitions; modifying operating provisions for certain recreational vehicles; providing for dual registration of certain motorcycles; requiring nonresident off-road vehicle state trail pass; modifying watercraft titling; modifying special vehicle use on roadways; modifying oxygenated gasoline requirements; modifying Water Law; modifying certain local ordinance requirements; modifying waste management provisions; modifying landfill cleanup program; modifying environmental review requirements; providing for disposition of certain easement fees; requiring reports; appropriating money; amending Minnesota Statutes 2010, sections 17.117, subdivision 6a; 18B.03, subdivision 1, as amended; 41A.105, by adding a subdivision; 84.033, subdivision 1; 84.035, subdivision 6; 84.777, subdivision 2; 84.788, by adding a subdivision; 84.92, subdivisions 8, 9, 10; 84.925, subdivision 1; 84.9257; 84D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 85.018, subdivision 5; 85.019, subdivisions 4b, 4c; 85.32, subdivision 1; 86B.825, subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1; 86B.885; 93.0015, subdivisions 1, 3; 97A.055, subdivision 4b; 103B.661, subdivision 2; 103F.705; 103F.711, subdivision 8; 103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735; 103F.741, subdivision 1; 103F.745; 103F.751; 103G.005, subdivision 10e, by adding a subdivision; 103G.2212; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 2a, 6, 7, 9, 14, by adding a subdivision; 103G.2251; 103G.311, subdivision 5; 103G.615, subdivision 1, by adding a subdivision; 115.03, by adding a subdivision; 115.55, subdivision 2; 115A.03, subdivision 25a; 115A.95; 115B.412, subdivision 8, by adding


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3619

subdivisions; 116D.04, subdivision 2a, as amended; 168.002, subdivision 18; 168A.085; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8; 239.791, by adding a subdivision; 398.33, subdivision 2; Laws 2010, chapter 361, article 4, section 73; proposing coding for new law in Minnesota Statutes, chapters 84; 84D; 97A; 103G; 116C; repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 84D.02, subdivision 4; 85.013, subdivision 2b; 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the McNamara amendment and the roll was called.  There were 71 yeas and 60 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Runbeck

Sanders

Schomacker

Scott

Shimanski

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Marquart

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Simon

Slawik

Slocum

Thissen

Tillberry

Wagenius

Ward


 

 

      The motion prevailed and the amendment was adopted.

 

 

      Runbeck was excused between the hours of 10:40 a.m. and 12:45 p.m.

 

 

      Simon was excused between the hours of 10:40 a.m. and 1:35 p.m.

 

 

McNamara moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 9, delete section 18 and insert: 


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3620

"Sec. 18.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 15a.  Service provider.  "Service provider" means an individual who installs or removes water-related equipment or structures from waters of the state for hire.  "Service provider" does not include a person working under the supervision of an individual with a valid service provider permit issued under section 84D.108.

 

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

 

Page 11, delete section 24 and insert: 

 

"Sec. 24.  Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read: 

 

Subd. 4.  Commercial fishing and turtle, frog, and crayfish harvesting restrictions in infested and noninfested waters.  (a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.  If a commercial licensee operates in both an infested water designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit, and may not be used in infested waters designated because the waters contain invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982.  This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.

 

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated solely because it contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in any other waters, except as provided in this paragraph.  Commercial licensees must notify the department's regional or area fisheries office or a conservation officer before removing nets or equipment from an infested water designated solely because it contains Eurasian water milfoil and before resetting those nets or equipment in any other waters.  Upon notification, the commissioner may authorize a commercial licensee to move nets or equipment to another water without freezing or drying, if that water is designated as infested solely because it contains Eurasian water milfoil.

 

(c) A commercial licensee must remove all aquatic macrophytes from nets and other equipment when the nets and equipment are removed from waters of the state.

 

(d) The commissioner shall provide a commercial licensee with a current listing of designated infested waters at the time that a license or permit is issued.

 

(e) A person harvesting aquatic life from waters of the state for the purpose of transporting and stocking shall transport the aquatic life to a holding facility.  The aquatic life shall remain in the holding facility for at least ten hours and be examined for the presence of invasive species.

 

(f) This subdivision applies to the state and its departments and agencies.

 

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


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3621

Page 14, delete section 30 and insert: 

 

"Sec. 30.  [84D.108] SERVICE PROVIDER PERMIT.

 

Subdivision 1.  Service provider permit required.  (a) Service providers must apply for and obtain a permit from the commissioner before providing any services described in section 84D.01, subdivision 15a.

 

(b) Service providers must have a valid permit in possession while providing services described in section 84D.01, subdivision 15a.

 

Subd. 2.  Permit requirements.  (a) Service providers must complete invasive species training provided by the commissioner and pass an examination to qualify for a permit.  Service provider permits are valid for three calendar years.

 

(b) A $50 application and testing fee is required for service provider permit applications.

 

(c) Persons working for a permittee must satisfactorily complete aquatic invasive species-related training provided by the commissioner.

 

Subd. 3.  Standard for issuing.  The commissioner may issue, deny, modify, or revoke a permit as provided in section 84D.11, subdivision 3.

 

Subd. 4.  Appeal of permit decision.  Permit decisions may be appealed as provided in section 84D.11, subdivision 4."

 

Page 17, lines 24 to 26, reinstate the stricken language

 

Page 20, after line 23, insert: 

 

"Sec. 46.  Minnesota Statutes 2010, section 89.17, is amended to read: 

 

89.17 LEASES AND PERMITS.

 

Notwithstanding the permit procedures of chapter 90, the commissioner shall have power to grant and execute, in the name of the state, leases and permits for the use of any forest lands under the authority of the commissioner for any purpose which in the commissioner's opinion is not inconsistent with the maintenance and management of the forest lands, on forestry principles for timber production.  Every such lease or permit shall be revocable at the discretion of the commissioner at any time subject to such conditions as may be agreed on in the lease.  The approval of the commissioner of administration shall not be required upon any such lease or permit.  No such lease or permit for a period exceeding 21 years shall be granted except with the approval of the Executive Council.

 

Public access to the leased land for outdoor recreation shall be the same as access would be under state management.

 

Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs incurred for preparing and issuing the lease, all remaining proceeds from the leasing of school trust land and university land for roads on forest lands must be deposited into the respective permanent fund for the lands."

 

Page 40, line 8, delete "103G.2112" and insert "103G.2212"


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3622

Page 44, delete section 84 and insert: 

 

"Sec. 85.  [116C.261] ENVIRONMENTAL PERMIT PLAN TIMELINE REQUIREMENT.

 

If environmental review under chapter 116D will be conducted for a project and a state agency is the responsible government unit that state agency shall prepare: 

 

(1) a plan that will coordinate administrative decision-making practices, including monitoring, analysis and reporting, and public comments and hearings; and

 

(2) a timeline for the issuance of all federal, state, and local permits required for the project.

 

The plan and timeline shall be delivered to the project proposer by the time the environmental assessment worksheet or draft environmental impact statement is published in the EQB Monitor."

 

Page 45, line 22, delete "county or an adjoining county where the" and insert "state"

 

Page 45, line 23, delete the new language

 

Page 51, delete section 97 and insert: 

 

"Sec. 98.  Laws 2010, chapter 361, article 4, section 73, is amended to read: 

 

Sec. 73.  SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE ADOPTION DELAY.

 

(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may adopt an ordinance:  by February 4, 2012, to comply with the February 4, 2008, revisions to subsurface sewage treatment system rules for subsurface sewage treatment systems with an average daily sewage flow of more than 2,500 gallons per day; and by February 4, 2014, to comply with the February 4, 2008, revisions to subsurface sewage treatment system rules for subsurface sewage treatment systems with an average daily sewage flow of 2,500 gallons per day or less.  By April 4, 2011, the Pollution Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface sewage treatment system rules.  A county must continue to enforce its current ordinance until a new one has been adopted.

 

(b) By January 15, 2011, the agency, after consultation with the Board of Water and Soil Resources and the Association of Minnesota Counties, shall report to the chairs and ranking minority members of the senate and house of representatives environment and natural resources policy and finance committees and divisions on: 

 

(1) the technical changes in the rules for subsurface sewage treatment systems that were adopted on February 4, 2008;

 

(2) the progress in local adoption of ordinances to comply with the rules; and

 

(3) the progress in protecting the state's water resources from pollution due to subsurface sewage treatment systems."

 

Page 52, delete sections 99 and 100 and insert: 

 

"Sec. 100.  CONSUMPTIVE USE OF WATER.

 

Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature approves of the consumptive use of water under a permit of more than 2,000,000 gallons per day average in a 30-day period in Cook County, in connection with snowmaking and potable water.  Notwithstanding any other law to the contrary, the permit for the


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3623

consumptive use of water approved under this section shall be issued, subject to the fees specified under Minnesota Statutes, section 103G.271, without any additional administrative process to withdraw up to 150,000,000 gallons of water annually for snowmaking and potable water purposes.  The permit authorized under this section shall be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more than five consecutive days.  The permit shall be for a term of five years.

 

Sec. 101.  RULEMAKING; SOLID WASTE LAND DISPOSAL FACILITY PERMITS.

 

(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take into account site capacity for a solid waste land disposal facility.

 

(b) In amending the rules under this section, the commissioner of the Pollution Control Agency may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388."

 

Page 53, delete section 101 and insert: 

 

"Sec. 102.  TERRY MCGAUGHEY MEMORIAL BRIDGE.

 

The commissioner of natural resources shall designate the Paul Bunyan Trail bridge that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge.  The commissioner shall place signs with the designation on both ends of the bridge."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Laine moved to amend the McNamara amendment to S. F. No. 1115, the third engrossment, as amended, as follows: 

 

      Page 5, line 3, delete the second "five" and insert "three"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.  There were 45 yeas and 84 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Benson, J.

Brynaert

Carlson

Clark

Davnie

Dittrich

Eken

Falk

Fritz

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Johnson

Kahn

Kath

Knuth

Laine

Lenczewski

Lesch

Liebling

Loeffler

Loon

Mariani

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Scalze

Slawik

Slocum

Thissen

Tillberry

Wagenius



Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3624

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Champion

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gauthier

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Hosch

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lillie

Lohmer

Mack

Mahoney

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Melin

Morrow

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Poppe

Quam

Rukavina

Sanders

Schomacker

Scott

Shimanski

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Ward

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

      The question recurred on the McNamara amendment to S. F. No. 1115, the third engrossment, as amended.  The motion prevailed and the amendment was adopted.

 

 

McNamara, Wagenius and Hansen moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 53, line 14, delete "5,"

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Thissen was excused for the remainder of today's session.

 

 

Anderson, P.; Torkelson; Shimanski and Swedzinski moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 42, delete section 77 and insert: 

 

"Sec. 77.  Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision to read: 

 

Subd. 11.  Aquatic application of pesticides.  (a) The agency may issue under requirement of the federal government national pollutant discharge elimination system permits for pesticide applications for the following designated use patterns: 

 

(1) mosquitoes and other flying insect pests;

 

(2) forest canopy pests;

 

(3) aquatic nuisance animals; and


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3625

(4) vegetative pests and algae.

 

If the federal government no longer requires a permit for a designated use pattern, the agency must immediately terminate the permit.  The agency shall not require permits for aquatic pesticide applications other than those designated use patterns required by the federal government.

 

(b) The agency shall not regulate or require permits for the terrestrial application of pesticides or any other pesticide related permit except as provided in paragraph (a)."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Anderson, P., et al amendment and the roll was called.  There were 80 yeas and 49 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Falk

Franson

Fritz

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Hosch

Howes

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Morrow

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Poppe

Quam

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Ward

Wardlow

Westrom

Woodard

Spk. Zellers


 

      Those who voted in the negative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Johnson

Kahn

Knuth

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Marquart

Melin

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Rukavina

Scalze

Slawik

Slocum

Tillberry

Wagenius


 

 

      The motion prevailed and the amendment was adopted.

 

 

Hackbarth moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 4, line 25, delete "United States Code, title 15, sections 1381 through 1431" and insert "Code of Federal Regulations, part 571"

 

Page 4, delete lines 30 and 31 and insert: 


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3626

"(d) For the purposes of this subdivision, off-highway motorcycle according to section 84.787, subdivision 7, does not include a golf cart; mini truck; dune buggy; go-cart; moped; pocket bike; gray market vehicle; or vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.

 

EFFECTIVE DATE.  This section is effective January 1, 2012."

 

Page 48, after line 4, insert: 

 

"EFFECTIVE DATE.  This section is effective January 1, 2012."

 

Page 48, delete section 87

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Ward moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Delete everything after the enacting clause and insert: 

 

"Section 1.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 3a.  Decontaminate.  "Decontaminate" means to wash, drain, dry, or thermally or otherwise treat water-related equipment in order to remove or destroy aquatic invasive species using the "Recommended Uniform Minimum Protocol Standards" developed by the United States Fish and Wildlife Service, or other protocols, as prescribed by the commissioner.  The commissioner may prescribe protocols in the same manner provided under section 84D.03, subdivision 1, paragraph (d), for designating infested waters.

 

Sec. 2.  Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read: 

 

Subd. 8a.  Introduce.  "Introduce" means to place, release, or allow the escape of a nonnative species into a free-living state.  Introduce does not include: 

 

(1) the immediate return of a nonnative species to waters of the state from which the nonnative species was removed; or

 

(2) the seasonal return of nonnative species attached to water-related equipment, such as a dock or boat lift, that has been stored on riparian property and directly returned to the same waters of the state from which the water-related equipment was removed.

 

Sec. 3.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 8b.  Inspect.  "Inspect" means to examine water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present and includes removal, drainage, decontamination, or treatment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3627

Sec. 4.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 8c.  Inspector.  "Inspector" means an individual trained and authorized by the commissioner to inspect water-related equipment, a conservation officer, or a licensed peace officer.

 

Sec. 5.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 15a.  Service provider.  "Service provider" means an individual who installs or removes watercraft, equipment, motor vehicles, docks, boat lifts, rafts, vessels, trailers, or other water-related equipment or structures from waters of the state for compensation.

 

Sec. 6.  Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read: 

 

Subd. 16.  Transport.  "Transport" means to cause or attempt to cause a species to be carried or moved into or within the state, and includes accepting or receiving the species for transportation or shipment.  Transport does not include: 

 

(1) the transport movement of infested water or a nonnative species within a water of the state or to a connected water of the state where the species being transported is already present.; or

 

(2) the movement of a nonnative species attached to water-related equipment or other water-related structures from a water of the state to the shore of riparian property on that water or the return of water-related equipment or structures from the shore into the same water of the state.

 

Sec. 7.  Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision to read: 

 

Subd. 18a.  Water-related equipment.  "Water-related equipment" means a motor vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or any other associated equipment or container, including but not limited to portable bait containers, live wells, ballast tanks except for those vessels permitted under the Pollution Control Agency vessel discharge program, bilge areas, and water-hauling equipment that is capable of containing or transporting aquatic invasive species, aquatic macrophytes, or water.

 

Sec. 8.  Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read: 

 

Subd. 21.  Wild animal.  "Wild animal" means a living creature, not human, wild by nature, endowed with sensation and power of voluntary motion has the meaning given under section 97A.015, subdivision 55.

 

Sec. 9.  Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read: 

 

Subd. 6.  Annual report.  By January 15 each year, the commissioner shall submit a report on invasive species of aquatic plants and wild animals to the legislative committees having jurisdiction over environmental and natural resource issues.  The report must include: 

 

(1) detailed information on expenditures for administration, education, management, inspections, and research;

 

(2) an analysis of the effectiveness of management activities conducted in the state, including chemical control, harvesting, educational efforts, and inspections;

 

(3) information on the participation of other state agencies, local government units, and interest groups in control efforts;

 

(4) information on the progress made in the management of each species; and


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3628

(5) an assessment of future management needs and additional measures to protect the state's water resources from human transport and introduction of invasive species.

 

Sec. 10.  Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read: 

 

Subd. 3.  Bait harvest from infested waters.  (a) The Taking of wild animals from infested waters for bait or aquatic farm purposes is prohibited, except as provided in paragraph (b) and section 97C.341.

 

(b) In waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish or certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the taking of wild animals may be permitted for: 

 

(1) commercial taking of wild animals for bait and aquatic farm purposes according to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

 

(2) bait purposes for noncommercial personal use in waters that contain Eurasian water milfoil, when the infested waters are designated solely because they contain Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length.

 

(c) Equipment authorized for minnow harvest in a designated infested water by permit issued under paragraph (b) may not be transported to, or used in, any waters other than waters specified in the permit.

 

Sec. 11.  Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read: 

 

Subd. 4.  Commercial fishing and turtle, frog, and crayfish harvesting restrictions in infested and noninfested waters.  (a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, may not be used in any other waters.  If a commercial licensee operates in both an infested water designated because it contains invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit, and may not be used in infested waters designated because the waters contain invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982.  This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.

 

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is designated solely because it contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in any other waters, except as provided in this paragraph.  Commercial licensees must notify the department's regional or area fisheries office or a conservation officer before removing nets or equipment from an infested water designated solely because it contains Eurasian water milfoil and before resetting those nets or equipment in any other waters.  Upon notification, the commissioner may authorize a commercial licensee to move nets or equipment to another water without freezing or drying, if that water is designated as infested solely because it contains Eurasian water milfoil.

 

(c) A commercial licensee must remove all aquatic macrophytes from nets and other equipment when the nets and equipment are removed from waters of the state.

 

(d) The commissioner shall provide a commercial licensee with a current listing of designated infested waters at the time that a license or permit is issued.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3629

Sec. 12.  Minnesota Statutes 2010, section 84D.09, is amended to read: 

 

84D.09 AQUATIC MACROPHYTES.

 

Subdivision 1.  Transportation prohibited.  A person may not transport aquatic macrophytes on any state forest road as defined by section 89.001, subdivision 14, any road or highway as defined in section 160.02, subdivision 26, or any other public road, except as provided in this section. 

 

Subd. 2.  Exceptions.  Unless otherwise prohibited by law, a person may transport aquatic macrophytes: 

 

(1) that are duckweeds in the family Lemnaceae;

 

(2) for disposal as part of a harvest or control activity conducted under an aquatic plant management permit pursuant to section 103G.615, under permit pursuant to section 84D.11, or as specified by the commissioner;

 

(3) for purposes of constructing shooting or observation blinds in amounts sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut above the waterline;

 

(4) when legally purchased or traded by or from commercial or hobbyist sources for aquarium, wetland or lakeshore restoration, or ornamental purposes;

 

(5) when harvested for personal or commercial use if in a motor vehicle;

 

(6) to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying a species or reporting the presence of a species;

 

(7) when transporting commercial aquatic plant harvesting or control equipment to a suitable location for purposes of cleaning any remaining aquatic macrophytes;

 

(8) that are wild rice harvested under section 84.091; or

 

(9) in the form of fragments of emergent aquatic macrophytes incidentally transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl season.; or

 

(10) when removing water-related equipment from waters of the state for purposes of cleaning off aquatic macrophytes before leaving a water access site.

 

Sec. 13.  Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read: 

 

Subdivision 1.  Launching prohibited.  A person may not place or attempt to place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species attached except as provided in this section.

 

Sec. 14.  Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read: 

 

Subd. 3.  Removal and confinement.  (a) A conservation officer or other licensed peace officer may order: 

 

(1) the removal of aquatic macrophytes or prohibited invasive species from a trailer or watercraft water-related equipment before it is placed into waters of the state;


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3630

(2) confinement of the watercraft water-related equipment at a mooring, dock, or other location until the watercraft water-related equipment is removed from the water; and

 

(3) removal of a watercraft water-related equipment from waters of the state to remove prohibited invasive species if the water has not been designated by the commissioner as being infested with that species.; and

 

(4) a prohibition on placing water-related equipment into waters of the state when the water-related equipment has aquatic macrophytes or prohibited invasive species attached in violation of subdivision 1 or when water has not been drained or the drain plug has not been removed in violation of subdivision 4.

 

(b) An inspector who is not a licensed peace officer may issue orders under paragraph (a), clauses (1), (3), and (4).

 

Sec. 15.  Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read: 

 

Subd. 4.  Persons leaving public waters; report transporting water-related equipment.  (a) A person When leaving waters of the state a person must drain boating-related water-related equipment holding water and live wells and bilges by removing the drain plug before transporting the watercraft and associated water-related equipment on public roads off the water access site or riparian property. 

 

(b) Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft on a public road water-related equipment.

 

(c) Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the water body.

 

(d) Marine sanitary systems and portable bait containers are excluded exempt from this requirement subdivision.

 

(e) A person must not dispose of bait in waters of the state.

 

(b) The commissioner shall report, by January 15 of each odd-numbered year, to the chairs and ranking minority members of the house of representatives and senate committees and divisions having jurisdiction over water resources policy and finance.  The report shall advise the legislature on additional measures to protect state water resources from human transport of invasive species.

 

Sec. 16.  [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED EQUIPMENT.

 

Subdivision 1.  Compliance inspections.  Compliance with aquatic invasive species inspection requirements is an express condition of operating or transporting water-related equipment.  An inspector may prohibit an individual who refuses to allow an inspection of the individual's water-related equipment or who refuses to remove and dispose of aquatic invasive species, aquatic macrophytes, and water from placing or operating water-related equipment in waters of the state.

 

Subd. 2.  Inspector authority.  (a) The commissioner shall train and authorize individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive species, and water.  Inspectors may visually and tactilely inspect watercraft and water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present.  If a person transporting watercraft or water-related equipment refuses to take required corrective actions or fails to comply with an order under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a conservation officer or other licensed peace officer.

 

(b) In addition to paragraph (a), a conservation officer or other licensed peace officer may inspect any watercraft or water-related equipment that is stopped at a water access site or stopped at any other location in the state if the officer determines there is reason to believe that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or water-related equipment.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3631

(c) Conservation officers or other licensed peace officers may utilize check stations in locations, or in proximity to locations, where watercraft or other water-related equipment is placed into or removed from waters of the state.  Any check stations shall be operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

 

Sec. 17.  [84D.108] SERVICE PROVIDER PERMIT.

 

Subdivision 1.  Service provider permit required.  (a) Service providers must apply for and obtain a permit from the commissioner before providing any services described in section 84D.01, subdivision 15a.

 

(b) Service providers must have a valid permit in possession while providing services described in section 84D.01, subdivision 15a.

 

Subd. 2.  Permit requirements.  (a) Service providers must complete invasive species training provided by the commissioner and pass an examination to qualify for a permit.  Service provider permits are valid for three calendar years.

 

(b) A $50 application and testing fee is required for service provider permit applications.

 

Subd. 3.  Standard for issuing.  The commissioner may issue, deny, modify, or revoke a permit as provided in section 84D.11, subdivision 3.

 

Subd. 4.  Appeal of permit decision.  Permit decisions may be appealed as provided in section 84D.11, subdivision 4.

 

Sec. 18.  Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read: 

 

Subd. 2a.  Harvest of bait from infested waters.  (a) The commissioner may issue a permit to allow the harvest of bait from waters that are designated as infested waters, except those designated because they contain prohibited invasive species of fish.  The permit shall include conditions necessary to avoid spreading aquatic invasive species.

 

(b) Before receiving a permit, or working for a permittee, a person annually must satisfactorily complete aquatic invasive species-related training provided by the commissioner.

 

Sec. 19.  Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read: 

 

Subd. 3.  Criminal penalties.  (a) A person who violates a provision of section sections 84D.03 or 84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under section 84D.12, is guilty of a misdemeanor. 

 

(b) A person who possesses, transports, or introduces a prohibited invasive species in violation of section 84D.05 is guilty of a misdemeanor.  A person who imports, purchases, sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty of a gross misdemeanor. 

 

(c) A person who refuses to obey an order of a peace officer or conservation officer to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer, or plant harvesting water-related equipment is guilty of a gross misdemeanor.

 

Sec. 20.  Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read: 

 

Subd. 4.  Warnings; civil citations.  After appropriate training, conservation officers, other licensed peace officers, and other department personnel designated by the commissioner may issue warnings or citations to a person who: 


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3632

(1) unlawfully transports prohibited invasive species or aquatic macrophytes;

 

(2) unlawfully places or attempts to place into waters of the state a trailer, a watercraft, or plant harvesting water-related equipment that has aquatic macrophytes or prohibited invasive species attached;

 

(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed by rule, Eurasian water milfoil;

 

(4) fails to remove plugs, open valves, and drain water, as required by rule, from watercraft and water-related equipment before leaving designated zebra mussel, spiny water flea, or other invasive plankton infested waters of the state or when transporting water-related equipment as provided in section 84D.10, subdivision 4; or

 

(5) transports infested water, in violation of rule, off riparian property.

 

Sec. 21.  Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read: 

 

Subd. 5.  Civil penalties.  A civil citation issued under this section must impose the following penalty amounts: 

 

(1) for transporting aquatic macrophytes on a forest road as defined by section 89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or any other public road, $50 in violation of section 84D.09, $50;

 

(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or aquatic plant harvesting water-related equipment that has aquatic macrophytes attached, $100;

 

(3) for unlawfully possessing or transporting a prohibited invasive species other than an aquatic macrophyte, $250;

 

(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or aquatic plant harvesting water-related equipment that has prohibited invasive species attached when the waters are not designated by the commissioner as being infested with that invasive species, $500 for the first offense and $1,000 for each subsequent offense;

 

(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian water milfoil, $100;

 

(6) for failing to remove plugs, open valves, and drain water, as required by rule, for infested waters and from watercraft and water-related equipment, other than marine sanitary systems and portable bait containers, before leaving waters of the state, $50; and

 

(7) for transporting infested water off riparian property without a permit as required by rule, $200.

 

Sec. 22.  Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read: 

 

Subd. 6.  Watercraft license suspension.  A civil citation may be issued to suspend, for up to a year, the watercraft license of an owner or person in control of a watercraft or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4, 84D.105 or who refuses to comply with a removal order given under this section 84D.13. 

 

Sec. 23.  Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read: 

 

Subd. 7.  Satisfaction of civil penalties.  A civil penalty is due and a watercraft license suspension is effective 30 days after issuance of the civil citation.  A civil penalty collected under this section is payable to must be paid to either:  (1) the commissioner if the citation was issued by a conservation officer and must be credited to the invasive species account.; or (2) the treasury of the unit of government employing the officer who issued the civil citation.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3633

Sec. 24.  Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read: 

 

Subd. 2.  Receipts.  Money received from surcharges on watercraft licenses under section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service provider permits under section 84D.108, shall be deposited in the invasive species account.  Each year, the commissioner of management and budget shall transfer from the game and fish fund to the invasive species account, the annual surcharge collected on nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b).  In fiscal years 2010 and 2011, the commissioner of management and budget shall transfer $725,000 from the water recreation account under section 86B.706 to the invasive species account.

 

Sec. 25.  Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read: 

 

Subdivision 1.  Authorization Issuance; validity.  (a) The commissioner may issue permits, with or without a fee, to: 

 

(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;

 

(2) transplant aquatic plants into public waters;

 

(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters under prescribed conditions to protect the waters, desirable species of fish, vegetation, other forms of aquatic life, and the public.

 

(b) Application for a permit must be accompanied by a permit fee, if required.

 

(c) An aquatic plant management permit is valid for one growing season and expires on December 31 of the year it is issued unless the commissioner stipulates a different expiration date in rule or in the permit.

 

Sec. 26.  Minnesota Statutes 2010, section 103G.615, is amended by adding a subdivision to read: 

 

Subd. 3a.  Invasive aquatic plant management permit.  (a) "Invasive aquatic plant management permit" means an aquatic plant management permit as defined in Minnesota Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic plants at a scale to cause a significant lakewide or baywide reduction in the abundance of the invasive aquatic plant.

 

(b) The commissioner may waive the dated signature of approval requirement in Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management permits if obtaining signatures would create an undue burden on the permittee or if the commissioner determines that aquatic plant control is necessary to protect natural resources.

 

(c) If the signature requirement is waived under paragraph (b) because obtaining signatures would create an undue burden on the permittee, the commissioner shall require an alternate form of landowner notification, including news releases or public notices in a local newspaper, a public meeting, or a mailing to the most recent permanent address of affected landowners.  The notification must be given annually and must include:  the proposed date of treatment, the target species, the method of control or product being used, and instructions on how the landowner may request that control not occur adjacent to the landowner's property.

 

(d) For an invasive aquatic plant management permit, the commissioner may allow dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart 1a, to remain valid for three years if property ownership remains unchanged.

 

Sec. 27.  REPEALER.

 

Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3634

Sec. 28.  EFFECTIVE DATE.

 

Sections 1 to 27 are effective the day following final enactment."

 

Delete the title and insert: 

 

"A bill for an act relating to natural resources; modifying nonnative species provisions; modifying requirements for permits to control or harvest aquatic plants; providing criminal penalties and civil penalties; amending Minnesota Statutes 2010, sections 84D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 103G.615, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 84D; repealing Minnesota Statutes 2010, section 84D.02, subdivision 4."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Ward amendment and the roll was called.  There were 60 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dill

Dittrich

Eken

Falk

Fritz

Gauthier

Greiling

Hancock

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Laine

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Marquart

McElfatrick

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Slawik

Slocum

Tillberry

Wagenius

Ward


 

      Those who voted in the negative were:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Doepke

Downey

Drazkowski

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiffmeyer

Kriesel

Lanning

Leidiger

Lohmer

Loon

Mack

Mazorol

McDonald

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3635

Hansen and Huntley moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 4 of the second McNamara amendment adopted earlier today, delete section 100

 

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 and Huntley amendment and the roll was called.  There were 41 yeas and 87 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Falk

Fritz

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Huntley

Johnson

Kahn

Knuth

Laine

Lenczewski

Lesch

Liebling

Loeffler

Loon

Mariani

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Paymar

Peterson, S.

Scalze

Slawik

Slocum

Tillberry

Wagenius


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Garofalo

Gauthier

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Hosch

Howes

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lillie

Lohmer

Mack

Mahoney

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Melin

Morrow

Murdock

Murray

Myhra

Nornes

Norton

O'Driscoll

Pelowski

Peppin

Petersen, B.

Poppe

Quam

Rukavina

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Ward

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

Hilty moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 45, line 21, reinstate the stricken "25" and delete "100"

 

 

      A roll call was requested and properly seconded.


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3636

      The question was taken on the Hilty amendment and the roll was called.  There were 58 yeas and 71 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Eken

Erickson

Falk

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Slawik

Slocum

Tillberry

Wagenius

Ward


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

Hansen moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 35, after line 9, insert: 

 

"A project proposer shall reimburse the local unit of government for any additional administrative costs incurred from wetland replacement done outside of the wetland bank service area."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hansen amendment and the roll was called.  There were 61 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Downey

Eken

Erickson

Falk

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3637

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Loon

Mahoney

Mariani

Marquart

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Slawik

Slocum

Tillberry

Wagenius

Ward


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Drazkowski

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

      The Speaker assumed the Chair.

 

 

Hansen moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 3, after line 8, insert: 

 

"Sec. 3.  [18B.105] ACTION TO PREVENT SURFACE WATER CONTAMINATION.

 

(a) The commissioner may, by rule, special order, or delegation through written regulatory agreement with officials of other approved agencies, take action necessary to prevent the contamination of surface water by pesticides resulting from point sources, nonpoint sources, soil erosion, overland flow, or other means.

 

(b) The commissioner may test surface waters throughout the state to monitor for the presence of pesticides."

 

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 and the roll was called.  There were 49 yeas and 80 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anzelc

Atkins

Benson, J.

Brynaert

Carlson

Champion

Clark

Davnie

Dittrich

Falk

Fritz

Gauthier

Greiling

Hansen

Hausman

Hayden

Hilstrom


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3638

Hilty

Hornstein

Hortman

Huntley

Johnson

Kahn

Knuth

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Melin

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Persell

Peterson, S.

Rukavina

Scalze

Slawik

Slocum

Tillberry

Wagenius


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Banaian

Barrett

Beard

Benson, M.

Bills

Buesgens

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Doepke

Downey

Drazkowski

Eken

Erickson

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Hosch

Howes

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Koenen

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Morrow

Murdock

Murray

Myhra

Nornes

O'Driscoll

Pelowski

Peppin

Petersen, B.

Poppe

Quam

Sanders

Schomacker

Scott

Shimanski

Smith

Stensrud

Swedzinski

Torkelson

Urdahl

Vogel

Ward

Wardlow

Westrom

Woodard

Spk. Zellers


 

 

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

 

 

Benson, J., moved to amend S. F. No. 1115, the third engrossment, as amended, as follows: 

 

Page 53, after line 3, insert: 

 

"Sec. 101.  NARROW-LEAVED CATTAIL CONTROL; RULEMAKING.

 

The commissioner of natural resources shall amend Minnesota Rules, part 6280.0250, subpart 1, item E, to allow mechanical control of narrow-leaved cattail (Typha angustifolia) without an aquatic plant management permit.  The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt the rule under this section, and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388."

 

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 Benson, J., amendment and the roll was called.  There were 61 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, S.

Anzelc

Atkins

Benson, J.

Brynaert

Buesgens

Carlson

Champion

Clark

Dittrich

Doepke

Eken

Erickson

Falk

Fritz

Gauthier

Greiling


Journal of the House - 54th Day - Thursday, May 12, 2011 - Top of Page 3639

Hansen

Hausman

Hayden

Hilstrom

Hilty

Hornstein

Hortman

Hosch

Huntley

Johnson

Kahn

Kath

Knuth

Koenen

Laine

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Marquart

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Nelson

Norton

Paymar

Pelowski

Persell

Peterson, S.

Poppe

Rukavina

Scalze

Slawik

Slocum

Tillberry

Wagenius

Ward


 

      Those who voted in the negative were:

 


Anderson, B.

Anderson, D.

Anderson, P.

Banaian

Barrett

Beard

Benson, M.

Bills

Cornish

Crawford

Daudt

Davids

Dean

Dettmer

Dill

Downey

Drazkowski

Fabian

Franson

Garofalo

Gottwalt

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Holberg

Hoppe

Howes

Kelly

Kieffer

Kiel

Kiffmeyer

Kriesel

Lanning

Leidiger

LeMieur

Lohmer

Loon

Mack

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Murdock

Murray

Myhra

Nornes

O'Driscoll

Peppin

Petersen, B.

Quam

Sanders

Schomacker

Scott

Shimanski

Smith