Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2311

 

STATE OF MINNESOTA

 

 

EIGHTY-NINTH SESSION - 2015

 

_____________________

 

FORTY-THIRD DAY

 

Saint Paul, Minnesota, Tuesday, April 21, 2015

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Tim O'Driscoll, Speaker pro tempore.

 

      Prayer was offered by the Reverend Jeremy Ploof, Church of Saint Mary, The Holy Family and Our Lady of Lourdes, Little Falls, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Dill and Halverson were excused.

 

      Mariani was excused until 3:45 p.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 - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2312

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Urdahl from the Committee on Legacy Funding Finance to which was referred:

 

H. F. No. 303, A bill for an act relating to state government; appropriating money for the Minnesota Historical Society.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

OUTDOOR HERITAGE FUND

 

Section 1.  OUTDOOR HERITAGE APPROPRIATION. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the outdoor heritage fund for the fiscal year indicated for each purpose.  The figures "2016" and "2017" used in this article mean that the appropriations listed under the figure are available for the fiscal year ending June 30, 2016, and June 30, 2017, respectively.  The "first year" is fiscal year 2016.  The "second year" is fiscal year 2017.  The "biennium" is fiscal years 2016 and 2017, respectively.  The appropriations in this article are onetime.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2016

2017

 

Sec. 2.  OUTDOOR HERITAGE FUND

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$99,386,000

 

$607,000

 

This appropriation is from the outdoor heritage fund.  The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Prairies

 

40,948,000

 

-0-

 

(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase VII

 

 

 

 

$4,570,000 in the first year is to the commissioner of natural resources to acquire land in fee for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in fee for scientific and natural area purposes under Minnesota Statutes, section 86A.05, subdivision 5.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land and permanent conservation easement acquisitions must be provided as part of the required accomplishment plan.


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(b) Accelerating Wildlife Management Area Acquisition - Phase VII

 

 

 

 

$7,452,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to acquire land in fee for wildlife management area purposes under Minnesota Statutes, section 86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(c) Minnesota Prairie Recovery Project - Phase VI

 

 

 

 

 

$4,032,000 in the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy to acquire native prairie, wetlands, and savanna and restore and enhance grasslands, wetlands, and savanna.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  Annual income statements and balance sheets for income and expenses from land acquired with this appropriation must be submitted to the Lessard-Sams Outdoor Heritage Council no later than 180 days following the close of The Nature Conservancy's fiscal year.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan and must be consistent with the priorities identified in the Minnesota Prairie Conservation Plan.

 

(d) Northern Tallgrass Prairie National Wildlife Refuge Land Acquisition - Phase V

 

 

 

 

$3,430,000 in the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy in cooperation with the United States Fish and Wildlife Service to acquire land in fee or permanent conservation easements within the Northern Tallgrass Prairie Habitat Preservation Area in western Minnesota for addition to the Northern Tallgrass Prairie National Wildlife Refuge.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan and must be consistent with the priorities in the Minnesota Prairie Conservation Plan.


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(e) Accelerated Native Prairie Bank Protection - Phase IV

 

 

 

 

$3,740,000 in the first year is to the commissioner of natural resources to implement the Minnesota Prairie Conservation Plan through the acquisition of permanent conservation easements to protect native prairie and grasslands.  Up to $165,000 is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of permanent conservation easements must be provided as part of the final report. 

 

(f) Minnesota Buffers for Wildlife and Water - Phase V

 

 

 

 

 

$4,544,000 in the first year is to the Board of Water and Soil Resources to acquire permanent conservation easements to protect and enhance habitat by expanding the clean water fund riparian buffer program for at least equal wildlife benefits from buffers on private land.  Up to $72,500 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.

 

(g) Cannon River Headwaters Habitat Complex - Phase V

 

 

 

 

$1,380,000 in the first year is to the commissioner of natural resources for an agreement with The Trust for Public Land to acquire and restore lands in the Cannon River watershed for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquisition of lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(h) Prairie Chicken Habitat Partnership of the Southern Red River Valley

 

 

 

 

$1,800,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever in cooperation with the Minnesota Prairie Chicken Society to acquire and restore lands in the southern Red River Valley for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, or for designation and management as waterfowl production areas in Minnesota, in cooperation with the United States Fish and Wildlife Service.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.


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(i) Protecting and Restoring Minnesota's Important Bird Areas

 

 

 

 

$1,730,000 in the first year is to the commissioner of natural resources for agreements to acquire conservation easements within important bird areas identified in the Minnesota Prairie Conservation Plan, to be used as follows:  $408,000 is to Audubon Minnesota and $1,322,000 is to Minnesota Land Trust, of which up to $100,000 is for establishing monitoring and enforcement funds as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.

 

(j) Wild Rice River Corridor Habitat Restoration

 

 

 

 

 

$2,270,000 in the first year is to the commissioner of natural resources for an agreement with the Wild Rice Watershed District to acquire land in fee and permanent conservation easement and to `restore river and related habitat in the Wild Rice River corridor.  A list of proposed acquisitions and restorations must be provided as part of the required accomplishment plan.

 

(k) Accelerated Prairie Restoration and Enhancement on DNR Lands - Phase VII

 

 

 

 

$4,880,000 in the first year is to the commissioner of natural resources to accelerate the restoration and enhancement of prairie communities on wildlife management areas, scientific and natural areas, state forest land, and land under native prairie bank easements.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.

 

(l) Enhanced Public Land Grasslands - Phase II

 

 

 

 

 

$1,120,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to enhance and restore habitat on public lands.  A list of proposed land restorations and enhancements must be provided as part of the final report.

 

Subd. 3.  Forests

 

12,634,000

 

-0-

 

(a) Camp Ripley Partnership - Phase V

 

 

 

 

 

$1,500,000 in the first year is to the Board of Water and Soil Resources in cooperation with the Morrison County Soil and Water Conservation District to acquire permanent conservation easements within the boundaries of the Minnesota National Guard Compatible Use Buffer to protect forest wildlife habitat.  Up to $55,000 is for establishing a monitoring and enforcement fund, as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of permanent conservation easements must be provided as part of the final report.


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(b) Southeast Minnesota Protection and Restoration - Phase III

 

 

 

 

$2,910,000 in the first year is to the commissioner of natural resources for an agreement with The Nature Conservancy to acquire land in fee for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8; to acquire land in fee for scientific and natural areas under Minnesota Statutes, section 86A.05, subdivision 5; for state forest purposes under Minnesota Statutes, section 86A.05, subdivision 7; and to enhance grasslands, forest, and savanna.  A list of proposed acquisitions must be provided as part of the required accomplishment plan.

 

(c) Protecting Pinelands Sands Aquifer Forestlands - Phase II

 

 

 

 

$2,180,000 in the first year is to the commissioner of natural resources to acquire forest lands in Cass and Wadena Counties for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in fee for state forests under Minnesota Statutes, section 86A.05, subdivision 7.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(d) Protect Key Forest Lands in Cass County - Phase VI

 

 

 

 

$442,000 in the first year is to the commissioner of natural resources for an agreement with Cass County to acquire land in fee in Cass County for forest wildlife habitat or to prevent forest fragmentation.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(e) Critical Shoreland Protection Program - Phase III

 

 

 

 

$1,690,000 in the first year is to the commissioner of natural resources for an agreement with Minnesota Land Trust to acquire permanent conservation easements along rivers and lakes in the northern forest region.  Up to $220,000 is for establishing a monitoring and enforcement fund, as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed permanent conservation easements must be provided as part of the required accomplishment plan. 

 

(f) Mississippi Headwaters Habitat Partnership

 

 

 

 

 

$3,002,000 in the first year is to the commissioner of natural resources to acquire lands in fee and for permanent conservation easements in the Mississippi Headwaters and for agreements as follows:  $1,217,000 to The Trust for Public Land; and $824,000 to Minnesota Land Trust, of which up to $80,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed acquisitions must be included as part of the required accomplishment plan.


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(g) Southeast Forest Habitat Enhancement

 

 

 

 

 

$910,000 in the first year is to the commissioner of natural resources to enhance forests in southeastern Minnesota.  A list of proposed land enhancements must be provided as part of the required accomplishment plan.

 

Subd. 4.  Wetlands

 

22,578,000

 

-0-

 

(a) Accelerating the Waterfowl Production Area Acquisition - Phase VII

 

 

 

 

$7,620,000 in the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to acquire land in fee to be designated and managed as waterfowl production areas in Minnesota, in cooperation with the United States Fish and Wildlife Service.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(b) Living Shallow Lakes and Wetland Initiative - Phase V

 

 

 

 

$9,040,000 in the first year is to the commissioner of natural resources for an agreement with Ducks Unlimited to acquire land in fee for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8.  A list of proposed acquisitions must be provided as part of the required accomplishment plan.

 

(c) Wild Rice Shoreland Protection Program - Phase IV

 

 

 

 

$131,000 in the first year is to the commissioner of natural resources for the acquisition of land in fee and $1,469,000 is to the Board of Water and Soil Resources to acquire permanent conservation easements on wild rice lake shoreland habitat for native wild rice bed protection.  Of this amount, up to $90,000 to the Board of Water and Soil Resources is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed fee land acquisitions must be included as part of the required accomplishment plan by the Department of Natural Resources and a list of permanent conservation easements must be provided as part of the final report by the Board of Water and Soil Resources. 

 

(d) Accelerated Shallow Lakes and Wetlands Enhancement - Phase VII

 

 

 

 

$4,318,000 in the first year is to the commissioner of natural resources to enhance and restore shallow lakes statewide.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.


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Subd. 5.  Habitats

 

22,368,000

 

-0-

 

(a) DNR Aquatic Habitat - Phase VII

 

 

 

 

 

$4,540,000 in the first year is to the commissioner of natural resources to acquire interests in land in fee and permanent conservation easements for aquatic management purposes under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02, to acquire interests in land in permanent conservation easements for fish and wildlife habitat under Minnesota Statutes, section 84.66, and to restore and enhance aquatic habitat.  Up to $130,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed land acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.

 

(b) Metro Big Rivers - Phase VI

 

 

 

 

 

$2,000,000 in the first year is to the commissioner of natural resources for agreements to acquire land in fee and in permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota, and St. Croix Rivers as follows:  $475,000 to Minnesota Valley National Wildlife Refuge Trust, Inc.; $275,000 to Friends of the Mississippi River; $400,000 to Great River Greening; $375,000 to Minnesota Land Trust; and $475,000 to The Trust for Public Land.  Up to $60,000 to Minnesota Land Trust is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed land acquisitions and permanent conservation easements must be provided as part of the required accomplishment plan.

 

(c) Minnesota Trout Unlimited Coldwater Fish Habitat Enhancement and Restoration - Phase VII

 

 

 

 

$1,890,000 in the first year is to the commissioner of natural resources for an agreement with Minnesota Trout Unlimited to restore and enhance habitat for trout and other species in and along coldwater rivers and streams in Minnesota.  A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.

 

(d) Lake Bemidji South Shore Restoration and Enhancement

 

 

 

 

$1,650,000 in the first year is to the commissioner of natural resources for an agreement with the city of Bemidji to restore and enhance fish habitat on Lake Bemidji.  A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.


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(e) Sand Hill River Fish Passage

 

 

 

 

 

$990,000 in the first year is to the commissioner of natural resources for an agreement with the Sand Hill River Watershed District to restore fish habitat in the Sand Hill River watershed.  A list of proposed restorations must be provided as part of the required accomplishment plan.

 

(f) Shell Rock River Watershed Habitat Restoration Program - Phase IV

 

 

 

 

$2,414,000 in the first year is to the commissioner of natural resources for an agreement with the Shell Rock River Watershed District to protect, restore, and enhance aquatic habitat in the Shell Rock River watershed.  A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan. 

 

(g) Lake Nokomis Integrated Habitat Enhancement

 

 

 

 

 

$444,000 in the first year is to the commissioner of natural resources for an agreement with the Minneapolis Park and Recreation Board to enhance aquatic habitat on Lake Nokomis.  A list of proposed enhancements must be provided as part of the required accomplishment plan.

 

(h) Conservation Partners Legacy Grant Program:  Statewide and Metro Habitat - Phase VII

 

 

 

 

$8,440,000 in the first year is to the commissioner of natural resources for a program to provide competitive, matching grants of up to $400,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, or habitat for fish, game, or wildlife in Minnesota.  Of this amount, $3,692,000 is for grants in the seven-county metropolitan area and cities with a population of 50,000 or greater.  Grants shall not be made for activities required to fulfill the duties of owners of lands subject to conservation easements.  Grants shall not be made from the appropriation in this paragraph for projects that have a total project cost exceeding $575,000.  Of this appropriation, $596,000 may be spent for personnel costs and other direct and necessary administrative costs.  Grantees may acquire land or interests in land.  Easements must be permanent.  Grants may not be used to establish easement stewardship accounts.  Land acquired in fee must be open to hunting and fishing during the open season unless otherwise provided by law.  The program must require a match of at least ten percent from nonstate sources for all grants.  The match may be cash or in-kind resources.  For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process.  Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects


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of equal value, give priority to organizations that have a history of receiving or a charter to receive private contributions for local conservation or habitat projects.  If acquiring land or a conservation easement, priority must be given to projects associated with or within one mile of existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; or aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02.  All restoration or enhancement projects must be on land permanently protected by a permanent covenant ensuring perpetual maintenance and protection of restored and enhanced habitat, by a conservation easement, or by public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15.  Priority must be given to restoration and enhancement projects on public lands.  Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph.  This appropriation is available until June 30, 2018.  No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council.  The commissioner shall provide notice of the grant program in the game and fish law summary prepared under Minnesota Statutes, section 97A.051, subdivision 2.

 

Subd. 6.  Administration

 

858,000

 

607,000

 

(a) Contract Management

 

 

 

 

 

$150,000 in the first year is to the commissioner of natural resources for contract management duties assigned in this section.  The commissioner shall provide an accomplishment plan in the form specified by the Lessard-Sams Outdoor Heritage Council on the expenditure of this appropriation.  The accomplishment plan must include a copy of the grant contract template and reimbursement manual.  No money may be expended prior to the Lessard-Sams Outdoor Heritage Council's approval of the accomplishment plan. 

 

(b) Legislative Coordinating Commission

 

 

 

 

 

$608,000 in the first year and $607,000 in the second year are to the Legislative Coordinating Commission for administrative expenses of the Lessard-Sams Outdoor Heritage Council and for compensation and expense reimbursement of council members.  This appropriation is available until June 30, 2017.  Minnesota Statutes, section 16A.281, applies to this appropriation.


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(c) Technical Evaluation Panel

 

 

 

 

 

$100,000 in the first year is to the commissioner of natural resources for a technical evaluation panel to conduct up to ten restoration evaluations under Minnesota Statutes, section 97A.056, subdivision 10.

 

Subd. 7.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this section may not be spent on activities unless they are directly related to and necessary for a specific appropriation and are specified in the accomplishment plan approved by the Lessard-Sams Outdoor Heritage Council.  Money appropriated in this section must not be spent on indirect costs or other institutional overhead charges that are not directly related to and necessary for a specific appropriation.  Unless otherwise provided, the amounts in this section are available until June 30, 2018.  For acquisition of real property, the amounts in this section are available until June 30, 2019, if a binding agreement with a landowner or purchase agreement is entered into by June 30, 2018, and closed no later than June 30, 2019.  Money for restoration or enhancement is available until June 30, 2020, or five years after acquisition, whichever is later, in order to complete initial restoration or enhancement work.  If a project receives at least 15 percent of its funding from federal funds, the time period of the appropriation may be extended to equal the availability of federal funding to a maximum of six years, provided the federal funding was confirmed and included within the first draft accomplishment plan.  Money appropriated for fee title acquisition of land may be used to restore, enhance, and provide for public use of the land acquired with the appropriation.  Public use facilities must have a minimal impact on habitat in acquired lands.

 

Subd. 8.  Payment Conditions and Capital Equipment Expenditures

 

 

 

 

All agreements referred to in this section must be administered on a reimbursement basis unless otherwise provided in this section.  Notwithstanding Minnesota Statutes, section 16A.41, expenditures directly related to each appropriation's purpose made on or after July 1, 2015, or the date of accomplishment plan approval, whichever is later, are eligible for reimbursement unless otherwise provided in this section.  For the purposes of administering appropriations and legislatively authorized agreements paid out of the outdoor heritage fund, an expense must be considered reimbursable by the administering agency when the recipient presents the agency with an invoice, or binding agreement with the landowner, and the recipient attests that the goods have been received or the landowner agreement is binding.  Periodic reimbursement must be made upon receiving documentation that the items articulated in the accomplishment plan approved by the


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Lessard-Sams Outdoor Heritage Council have been achieved, including partial achievements as evidenced by progress reports approved by the Lessard-Sams Outdoor Heritage Council.  Reasonable amounts may be advanced to projects to accommodate cash flow needs, support future management of acquired lands, or match a federal share.  The advances must be approved as part of the accomplishment plan.  Capital equipment expenditures for specific items in excess of $10,000 must be itemized in and approved as part of the accomplishment plan.

 

Subd. 9.  Mapping

 

 

 

 

 

Each direct recipient of money appropriated in this section, as well as each recipient of a grant awarded pursuant to this section, must provide geographic information to the Lessard-Sams Outdoor Heritage Council for mapping any lands acquired in fee with money appropriated in this section and open to public taking of fish and game.  The commissioner of natural resources shall include the lands acquired in fee with money appropriated in this section on maps showing public recreation opportunities.  Maps must include information on and acknowledgment of the outdoor heritage fund, including a notation of any restrictions.

 

Subd. 10.  Disability Access

 

 

 

 

 

Where appropriate, grant recipients of the outdoor heritage fund, in consultation with the Council on Disability, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this article.

 

Sec. 3.  [84.974] MILKWEED.

 

When feasible, the commissioner of natural resources is encouraged to plant milkweed.

 

Sec. 4.  Minnesota Statutes 2014, section 97A.056, subdivision 2, is amended to read:

 

Subd. 2.  Lessard-Sams Outdoor Heritage Council.  (a) The Lessard-Sams Outdoor Heritage Council of 12 members is created in the legislative branch, consisting of:

 

(1) two public members appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration;

 

(2) two public members appointed by the speaker of the house;

 

(3) four public members appointed by the governor;

 

(4) two members of the senate appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; and

 

(5) two members of the house of representatives appointed by the speaker of the house.


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(b) Members appointed under paragraph (a) must not be registered lobbyists.  In making appointments, the governor, senate Subcommittee on Committees of the Committee on Rules and Administration, and the speaker of the house shall consider geographic balance, gender, age, ethnicity, and varying interests including hunting and fishing.  The governor's appointments to the council are subject to the advice and consent of the senate.

 

(c) Public members appointed under paragraph (a) shall have practical experience or expertise or demonstrated knowledge in the science, policy, or practice of restoring, protecting, and enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife.

 

(d) Legislative members appointed under paragraph (a) shall include the chairs of the legislative committees with jurisdiction over environment and natural resources finance or their designee, one member from the minority party of the senate, and one member from the minority party of the house of representatives.

 

(e) Public members serve four-year terms.  Appointed legislative members serve at the pleasure of the appointing authority.  Public and legislative members continue to serve until their successors are appointed.  Public members shall be initially appointed according to the following schedule of terms:

 

(1) two public members appointed by the governor for a term ending the first Monday in January 2011;

 

(2) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2011;

 

(3) one public member appointed by the speaker of the house for a term ending the first Monday in January 2011;

 

(4) two public members appointed by the governor for a term ending the first Monday in January 2013;

 

(5) one public member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration for a term ending the first Monday in January 2013; and

 

(6) one public member appointed by the speaker of the house for a term ending the first Monday in January 2013.

 

(f) Terms, compensation, and removal of public members are as provided in section 15.0575.  A vacancy on the council may be filled by the appointing authority for the remainder of the unexpired term.

 

(g) The first meeting of the council shall be convened by the chair of the Legislative Coordinating Commission no later than December 1, 2008.  Members shall elect a chair, vice-chair, secretary, and other officers as determined by the council.  The chair may convene meetings as necessary to conduct the duties prescribed by this section.

 

(h) Upon coordination with The Legislative Coordinating Commission, the council may appoint nonpartisan staff and contract with consultants as necessary to carry out support the functions of the council.  Up to one percent of the money appropriated from the fund may be used to pay for administrative expenses of the council and for compensation and expense reimbursement of council members.

 

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

 

Sec. 5.  Minnesota Statutes 2014, section 97A.056, subdivision 8, is amended to read:

 

Subd. 8.  Revenues.  (a) When a parcel of land that was previously purchased with money from the outdoor heritage funds fund is transferred to the state, the owner of the land shall disclose to the council and commissioner of natural resources:


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(1) all revenues generated from activities on the land from the time the land was purchased with money from the outdoor heritage funds fund until the land was transferred to the state;

 

(2) all holding costs associated with managing the land between the time of purchase with money from the outdoor heritage funds fund and the time the land was transferred to the state; and

 

(3) the total net revenues as determined by subtracting the costs described in clause (2) from the revenues described in clause (1).

 

(b) The owner of the land shall submit the total net revenues determined under paragraph (a), clause (3), to the state no later than 60 days after the land is transferred to the state.

 

Sec. 6.  Minnesota Statutes 2014, section 97A.056, is amended by adding a subdivision to read:

 

Subd. 20.  Donations.  A recipient shall not accept a monetary donation or payment from an owner of land that is acquired in fee in whole or in part with an appropriation from the outdoor heritage fund that exceeds the documented expenses that are directly related to and necessary for activities specified in the accomplishment plan approved by the Lessard-Sams Outdoor Heritage Council, unless expressly approved by the Lessard-Sams Outdoor Heritage Council in the accomplishment plan.  This subdivision does not apply to donations that are not connected with the acquisition transaction or bargain sales, as defined by Code of Federal Regulations, title 26, section 1.1011-2, provided that the purchase price reimbursed by the state does not exceed the purchase price paid by the recipient.

 

EFFECTIVE DATE.  This section is effective July 1, 2016, and applies to money appropriated on or after that date.

 

Sec. 7.  Minnesota Statutes 2014, section 97A.056, is amended by adding a subdivision to read:

 

Subd. 21.  Haying and grazing.  Lands acquired with money appropriated from the outdoor heritage fund may not be used for emergency haying and grazing in response to federal or state disaster declarations.  Conservation grazing under a management plan that is being implemented prior to the emergency declaration may continue.

 

Sec. 8.  Laws 2012, chapter 264, article 1, section 2, subdivision 5, is amended to read:

 

Subd. 5.  Habitats

 

-0-

 

28,620,000

 

(a) DNR Aquatic Habitat - Phase IV

 

 

 

 

 

$3,480,000 in the second year is to the commissioner of natural resources to acquire interests in land in fee or permanent conservation easements for aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02, and to restore and enhance aquatic habitat.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.  The accomplishment plan must include an easement stewardship plan.  Up to $25,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.


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(b) Metro Big Rivers Habitat - Phase III

 

 

 

 

 

$3,680,000 in the second year is to the commissioner of natural resources for agreements to acquire interests in land in fee or permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota, and St. Croix Rivers as follows:  $1,000,000 to the Minnesota Valley National Wildlife Refuge Trust, Inc.; $375,000 to the Friends of the Mississippi; $375,000 to Great River Greening; $930,000 to The Minnesota Land Trust; and $1,000,000 to The Trust for Public Land.  A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan.  The accomplishment plan must include an easement stewardship plan.  Up to $51,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.

 

(c) Dakota County Riparian and Lakeshore Protection and Management - Phase III

 

 

 

 

$480,000 in the second year is to the commissioner of natural resources for an agreement with Dakota County to acquire permanent conservation easements and restore and enhance habitats along the Mississippi, Cannon, and Vermillion Rivers.  A list of proposed acquisitions, restorations, and enhancements must be provided as part of the required accomplishment plan.  The accomplishment plan must include an easement stewardship plan.  Up to $20,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  An annual financial report is required for any monitoring and enforcement fund established, including expenditures from the fund and a description of annual monitoring and enforcement activities.

 

(d) Lower St. Louis River Habitat Restoration

 

 

 

 

 

$3,670,000 in the second year is to the commissioner of natural resources to restore habitat in the lower St. Louis River estuary.  A list of proposed projects must be provided as part of the required accomplishment plan.

 

(e) Coldwater Fish Habitat Enhancement - Phase IV

 

 

 

 

 

$2,120,000 in the second year is to the commissioner of natural resources for an agreement with Minnesota Trout Unlimited to restore and enhance coldwater fish lake, river, and stream habitats in Minnesota.  A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.


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(f) Grand Marais Creek Outlet Restoration

 

 

 

 

 

$2,320,000 in the second year is to the commissioner of natural resources for an agreement with the Red Lake Watershed District to restore and enhance stream and related habitat in Grand Marais Creek.  A list of proposed restorations and enhancements must be provided as part of the required accomplishment plan.

 

(g) Knife River Habitat Restoration

 

 

 

 

 

$380,000 in the second year is to the commissioner of natural resources for an agreement with the Lake Superior Steelhead Association to restore trout habitat in the Upper Knife River Watershed.  A list of proposed restorations must be provided as part of the required accomplishment plan.  Notwithstanding rules of the commissioner of natural resources, restorations conducted pursuant to this paragraph may be accomplished by excavation.

 

(h) Protect Aquatic Habitat from Asian Invasive Carp

 

 

 

 

 

$7,500,000 in the second year is to the commissioner of natural resources to for design, construct, operate, and evaluate construction, including acquisition, operation, and evaluation of structural deterrents for Asian invasive carp to protect Minnesota's aquatic habitat.  Use of this money requires a one-to-one match for projects on state boundary waters.

 

(i) Outdoor Heritage Conservation Partners Grant Program - Phase IV

 

 

 

 

$4,990,000 in the second year is to the commissioner of natural resources for a program to provide competitive, matching grants of up to $400,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, and habitat for fish, game, or wildlife in Minnesota.  Grants shall not be made for activities required to fulfill the duties of owners of lands subject to conservation easements.  Grants shall not be made from appropriations in this paragraph for projects that have a total project cost exceeding $575,000.  $366,000 of this appropriation may be spent for personnel costs and other direct and necessary administrative costs.  Grantees may acquire land or interests in land.  Easements must be permanent.  Land acquired in fee must be open to hunting and fishing during the open season unless otherwise provided by state law.  The program shall require a match of at least ten percent from nonstate sources for all grants.  The match may be cash or in-kind resources.  For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process.  Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects of equal value, give priority to organizations that have a history of receiving or charter to receive private


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contributions for local conservation or habitat projects.  If acquiring land or a conservation easement, priority shall be given to projects associated with existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; and aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02.  All restoration or enhancement projects must be on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15.  Priority shall be given to restoration and enhancement projects on public lands.  Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph.  This appropriation is available until June 30, 2016.  No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council.  The commissioner shall provide notice of the grant program in the game and fish law summaries that are prepared under Minnesota Statutes, section 97A.051, subdivision 2.

 

Sec. 9.  Laws 2014, chapter 256, article 1, section 2, subdivision 5, is amended to read:

 

Subd. 5.  Habitats

 

-0-

 

30,890,000

 

(a) DNR Aquatic Habitat - Phase VI

 

$2,560,000 in the second year is to the commissioner of natural resources to acquire interests in land in fee and permanent conservation easements for aquatic management purposes under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02, and to restore and enhance aquatic habitat.  Up to $32,500 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed land acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.

 

(b) Fisheries Habitat Protection on Strategic North Central Minnesota Lakes

 

$2,130,000 in the second year is to the commissioner of natural resources for agreements with the Leech Lake Area Watershed Foundation and Minnesota Land Trust to acquire land in fee and permanent conservation easements to sustain healthy fish habitat on lakes in Aitkin, Cass, Crow Wing, and Hubbard Counties as follows:  $1,150,300 to Leech Lake Area Watershed Foundation; and $979,700 to Minnesota Land Trust, of which up to $120,000 to Minnesota Land Trust is for establishing a monitoring and


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enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(c) Habitat Protection in Dakota County - Phase V

 

$1,190,000 in the second year is to the commissioner of natural resources for a contract with Dakota County to acquire permanent conservation easements and land in fee and to restore and enhance habitats in rivers and lake watersheds in Dakota County.  Up to $15,000 to Dakota County is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17.  Lands acquired or lands with easements acquired with this appropriation may not be used for emergency haying and grazing in response to federal or state disaster declarations.  Conservation grazing under a management plan that is already being implemented may continue.  A list of proposed land acquisitions and restorations and enhancements must be provided as part of the required accomplishment plan.

 

(d) Metro Big Rivers - Phase V

 

$2,650,000 in the second year is to the commissioner of natural resources for agreements to acquire land in fee and permanent conservation easements and to restore and enhance natural systems associated with the Mississippi, Minnesota, and St. Croix Rivers as follows:  $600,000 to Minnesota Valley National Wildlife Refuge Trust, Inc.; $160,000 to Friends of the Mississippi River; $400,000 to Great River Greening; $590,000 to Minnesota Land Trust, of which up to $77,000 is for establishing a monitoring and enforcement fund as approved in the accomplishment plan and subject to Minnesota Statutes, section 97A.056, subdivision 17; and $900,000 to The Trust for Public Land.  Lands acquired or lands with easements acquired with this appropriation may not be used for emergency haying and grazing in response to federal or state disaster declarations.  Conservation grazing under a management plan that is already being implemented may continue.  A list of proposed land acquisitions and permanent conservation easements must be provided as part of the required accomplishment plan.

 

(e) Mustinka River Fish and Wildlife Habitat Corridor Rehabilitation

 

$2,440,000 in the second year is to the commissioner of natural resources for an agreement with the Bois de Sioux Watershed District to acquire land in fee and to restore natural systems associated with the Mustinka River located within the Bois de Sioux Watershed.  Lands acquired with this appropriation may not


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be used for emergency haying and grazing in response to federal or state disaster declarations.  Conservation grazing under a management plan that is already being implemented may continue.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(f) Minnesota Trout Unlimited Coldwater Fish Habitat Enhancement and Restoration - Phase VI

 

$1,900,000 in the second year is to the commissioner of natural resources for an agreement with Minnesota Trout Unlimited to restore and enhance habitat for trout and other species in and along coldwater rivers and streams in Minnesota.  A list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.

 

(g) St. Louis River Restoration Initiative - Phase II

 

$2,290,000 in the second year is to the commissioner of natural resources to restore habitat in the lower St. Louis River estuary.  Of this appropriation, up to $500,000 is for an agreement with Minnesota Land Trust.  A list of proposed restorations must be provided as part of the required accomplishment plan.

 

(h) Knife River Habitat Rehabilitation - Phase II

 

$1,410,000 in the second year is to the commissioner of natural resources for an agreement with the Lake Superior Steelhead Association to enhance trout habitat in the Knife River watershed.  A list of proposed enhancements must be provided as part of the required accomplishment plan.

 

(i) Restoration and Enhancement of Washington County Public Lands

 

$430,000 in the second year is to the commissioner of natural resources for an agreement with Washington County to restore and enhance habitat on public lands in Washington County.  A restoration and enhancement plan and a list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.

 

(j) Wirth Park Enhancements

 

$600,000 in the second year is to the commissioner of natural resources for an agreement with the Minneapolis Park Board to enhance riparian and upland habitat within Wirth Park in Hennepin County.  A restoration and enhancement plan and a list of proposed land restorations and enhancements must be provided as part of the required accomplishment plan.


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(k) Evaluate Effectiveness of Aquatic Invasive Species Prevention Strategies

 

$4,040,000 in the second year is to the commissioner of natural resources for an agreement with the Central Minnesota Initiative Fund to develop a series of pilot projects to enhance aquatic habitat by preventing the spread of aquatic invasive species, including pilot projects conducting education and outreach, inspection and decontamination, enforcement, and other activities.  All pilot projects must be conducted on a reimbursement basis and require a match of nonoutdoor heritage fund dollars.  A required evaluation of results must be funded with nonoutdoor heritage fund dollars.  The required evaluation must evaluate the efficacy of inspection and decontamination activities utilized in any of the pilot projects in preventing the spread of aquatic invasive species.  A list of pilot projects must be included in the required final report.  This appropriation is available until June 30, 2019.  The accomplishment plan must accelerate the start of the pilot project.

 

(l) Albert Lea Lake Management and Invasive Species Control Structure - Supplement

 

$700,000 in the second year is added to the appropriation contained in Laws 2013, chapter 137, article 1, section 2, subdivision 5, paragraph (h), to the commissioner of natural resources for an agreement with the Shell Rock River Watershed District to construct structural deterrents and lake level controls.

 

(m) Conservation Partners Legacy Grant Program - Phase VI

 

$4,550,000 in the second year is to the commissioner of natural resources for a program to provide competitive, matching grants of up to $400,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, or habitat for fish, game, or wildlife in Minnesota.  Grants shall not be made for activities required to fulfill the duties of owners of lands subject to conservation easements.  Grants shall not be made from the appropriation in this paragraph for projects that have a total project cost exceeding $575,000.  Of this appropriation, $460,000 $265,000 may be spent for personnel costs and other direct and necessary administrative costs.  Grantees may acquire land or interests in land.  Easements must be permanent.  Grants may not be used to establish easement stewardship accounts.  Land acquired in fee must be open to hunting and fishing during the open season unless otherwise provided by law.  Lands acquired or lands with easements acquired with this appropriation may not be used for emergency haying and grazing in response to federal or state disaster declarations.  Conservation grazing under a management plan that is already being implemented may continue.  The program shall require a match of at least ten percent from nonstate sources for all grants.  The match may be cash or in-kind


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resources.  For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process.  Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects of equal value, give priority to organizations that have a history of receiving or charter to receive private contributions for local conservation or habitat projects.  If acquiring land or a conservation easement, priority shall be given to projects associated with or within one mile of existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; or aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02.  All restoration or enhancement projects must be on land permanently protected by a permanent covenant ensuring perpetual maintenance and protection of restored and enhanced habitat, by a conservation easement, or by public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15.  Priority shall be given to restoration and enhancement projects on public lands.  Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph.  This appropriation is available until June 30, 2018.  No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council.  The commissioner shall provide notice of the grant program in the game and fish law summary prepared under Minnesota Statutes, section 97A.051, subdivision 2.

 

(n) Conservation Partners Legacy Metro Grant Program

 

$4,000,000 in the second year is to the commissioner of natural resources for a program to provide competitive, matching grants of up to $400,000 to local, regional, state, and national organizations for enhancing, restoring, or protecting forests, wetlands, prairies, or habitat for fish, game, or wildlife in the seven-county metropolitan area and cities with a population of 50,000 or greater.  Grants shall not be made for activities required to fulfill the duties of owners of lands subject to conservation easements.  Grants shall not be made from the appropriation in this paragraph for projects that have a total project cost exceeding $575,000.  Of this appropriation, $70,000 $250,000 may be spent for personnel costs and other direct and necessary administrative costs.  Grantees may acquire land or interests in land.  Easements must be permanent.  Grants may not be used to establish easement stewardship accounts.  Land acquired in fee must be open to hunting and fishing during the open season unless otherwise provided by law.  Lands acquired or lands with easements acquired with this appropriation may not be used for emergency haying and grazing in response to federal or state disaster declarations.  Conservation


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grazing under a management plan that is already being implemented may continue.  The program shall require a match of at least ten percent from nonstate sources for all grants.  The match may be cash or in-kind resources.  For grant applications of $25,000 or less, the commissioner shall provide a separate, simplified application process.  Subject to Minnesota Statutes, the commissioner of natural resources shall, when evaluating projects of equal value, give priority to organizations that have a history of receiving or charter to receive private contributions for local conservation or habitat projects.  If acquiring land or a conservation easement, priority shall be given to projects associated with or within one mile of existing wildlife management areas under Minnesota Statutes, section 86A.05, subdivision 8; scientific and natural areas under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5; or aquatic management areas under Minnesota Statutes, sections 86A.05, subdivision 14, and 97C.02.  All restoration or enhancement projects must be on land permanently protected by a permanent covenant ensuring perpetual maintenance and protection of restored and enhanced habitat, by a conservation easement, or by public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15.  Priority shall be given to restoration and enhancement projects on public lands.  Minnesota Statutes, section 97A.056, subdivision 13, applies to grants awarded under this paragraph.  This appropriation is available until June 30, 2018.  No less than five percent of the amount of each grant must be held back from reimbursement until the grant recipient has completed a grant accomplishment report by the deadline and in the form prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council.  The commissioner shall provide notice of the grant program in the game and fish law summary prepared under Minnesota Statutes, section 97A.051, subdivision 2.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2014.

 

Sec. 10.  PAYMENT-IN-LIEU OF TAX ALTERNATIVES; RECOMMENDATIONS.

 

The commissioner of management and budget, in consultation with the commissioners of natural resources and revenue, shall examine alternatives to payment-in-lieu of tax payments under Minnesota Statutes, sections 477A.10 to 477A.14, including a trust fund approach, that would apply to land acquired with money from the outdoor heritage fund and other dedicated funds.  The examination must take into account the ongoing costs to the state and local units of government associated with the acquisition of the land and any constitutional constraints.  The commissioner of management and budget shall submit recommendations to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources, legacy funds, and taxes no later than January 15, 2016.

 

ARTICLE 2

CLEAN WATER FUND

 

Section 1.  CLEAN WATER FUND APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the clean water fund and are available for the fiscal years indicated for allowable activities under the Minnesota Constitution, article XI, section 15.  The figures "2016" and


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"2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively.  "The first year" is fiscal year 2016.  "The second year" is fiscal year 2017.  "The biennium" is fiscal years 2016 and 2017.  The appropriations in this article are onetime.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2016

2017

 

Sec. 2.  CLEAN WATER

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$113,203,000

 

$112,999,000

 

The amounts that may be spent for each purpose are specified in the following sections.

 

Subd. 2.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this article may not be spent on activities unless they are directly related to and necessary for a specific appropriation.  Money appropriated in this article must be spent in accordance with Minnesota Management and Budget's Guidance to Agencies on Legacy Fund Expenditure.  Notwithstanding Minnesota Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2016 appropriations are available until June 30, 2017, and fiscal year 2017 appropriations are available until June 30, 2018.  If a project receives federal funds, the time period of the appropriation is extended to equal the availability of federal funding.

 

Subd. 3.  Disability Access

 

 

 

 

 

Where appropriate, grant recipients of clean water funds, in consultation with the Council on Disability, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this article.

 

Sec. 3.  DEPARTMENT OF AGRICULTURE

 

$5,834,000

 

$5,832,000

 

(a) $350,000 the first year and $350,000 the second year are to increase monitoring for pesticides and pesticide degradates in surface water and groundwater and to use data collected to assess pesticide use practices.

 

(b) $2,586,000 the first year and $2,585,000 the second year are for monitoring and evaluating trends in the concentration of nitrate in groundwater in areas vulnerable to groundwater degradation; monitoring for pesticides when nitrate is detected; promoting, developing, and evaluating regional and crop-specific nutrient best management practices; assessing best management practice


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adoption; education and technical support from University of Minnesota Extension; and other actions to protect groundwater from degradation from nitrate.  This appropriation is available until June 30, 2018.

 

(c) $75,000 the first year and $75,000 the second year are for administering clean water funds managed through the agriculture best management practices loan program.  Any unencumbered balance at the end of the second year shall be added to the corpus of the loan fund.

 

(d) $1,125,000 the first year and $1,125,000 the second year are for technical assistance, research, and demonstration projects on proper implementation of best management practices and more precise information on nonpoint contributions to impaired waters.  This appropriation is available until June 30, 2020.

 

(e) $788,000 the first year and $787,000 the second year are for research to quantify and reduce agricultural contributions to impaired waters and for development and evaluation of best management practices to protect and restore water resources.  This appropriation is available until June 30, 2020.

 

(f) $50,000 the first year and $50,000 the second year are for a research inventory database containing water-related research activities.  Costs for information technology development or support for this research inventory database may be paid to the Office of MN.IT Services.  This appropriation is available until June 30, 2018.

 

(g) $500,000 the first year and $500,000 the second year are to implement the Minnesota agricultural water quality certification program statewide.  This appropriation is available until June 30, 2020.

 

(h) $110,000 the first year and $110,000 the second year are to provide funding for a regional irrigation water quality specialist through University of Minnesota Extension.

 

(i) $250,000 the first year and $250,000 the second year are for a perennial and cover crop research program to develop perennial and cover cropping systems specific to Minnesota that are necessary to protect and restore the state's surface and groundwater resources while increasing efficiency, profitability, and productivity of Minnesota farmers.  This appropriation is available until June 30, 2018.

 

(j) A portion of the funds in this section may be used for programs to train state and local outreach staff in the intersection between agricultural economics and agricultural conservation.


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Sec. 4.  PUBLIC FACILITIES AUTHORITY

 

$9,250,000

 

$9,250,000

 

(a) $9,000,000 the first year and $9,000,000 the second year are for the point source implementation grants program under Minnesota Statutes, section 446A.073.  This appropriation is available until June 30, 2020.

 

(b) $250,000 the first year and $250,000 the second year are for small community wastewater treatment grants and loans under Minnesota Statutes, section 446A.075.  This appropriation is available until June 30, 2020.

 

(c) If there are any uncommitted funds at the end of each fiscal year under paragraph (a) or (b), the Public Facilities Authority may transfer the remaining funds to eligible projects under any of the programs listed in this section based on their priority rank on the Pollution Control Agency's project priority list.

 

Sec. 5.  POLLUTION CONTROL AGENCY

 

$26,250,000

 

$26,248,000

 

(a) $8,250,000 the first year and $8,250,000 the second year are for completion of 20 percent of the needed statewide assessments of surface water quality and trends.  If the amount in the first year is insufficient, the amount in the second year is available in the first year.

 

(b) $9,795,000 the first year and $9,795,000 the second year are to develop watershed restoration and protection strategies (WRAPS), which include total maximum daily load (TMDL) studies and TMDL implementation plans for waters listed on the Unites States Environmental Protection Agency approved impaired waters list in accordance with Minnesota Statutes, chapter 114D.  The agency shall complete an average of ten percent of the TMDLs each year over the biennium.

 

(c) $1,182,000 the first year and $1,181,000 the second year are for groundwater assessment, including enhancing the ambient monitoring network, modeling, and evaluating trends, including the reassessment of groundwater that was assessed ten to 15 years ago and found to be contaminated. 

 

(d) $750,000 the first year and $750,000 the second year are for water quality improvements in the lower St. Louis River and Duluth harbor within the St. Louis River System Area of Concern.  This appropriation must be matched at a rate of 65 percent nonstate money to 35 percent state money.

 

(e) $275,000 the first year and $275,000 the second year are for storm water research and guidance.

 

(f) $1,150,000 the first year and $1,150,000 the second year are for TMDL research and database development.


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(g) $900,000 the first year and $900,000 the second year are for national pollutant discharge elimination system wastewater and storm water TMDL implementation efforts.

 

(h) $3,623,000 the first year and $3,622,000 the second year are for enhancing the county-level delivery systems for subsurface sewage treatment system (SSTS) activities necessary to implement Minnesota Statutes, sections 115.55 and 115.56, for protection of groundwater, including base grants for all counties with SSTS programs and competitive grants to counties with specific plans to significantly reduce water pollution by reducing the number of systems that are an imminent threat to public health or safety or are otherwise failing.  Counties that receive base grants must report the number of sewage noncompliant properties upgraded through SSTS replacement, connection to a centralized sewer system, or other means, including property abandonment or buy-out.  Counties also must report the number of existing SSTS compliance inspections conducted in areas under county jurisdiction.  These required reports are to be part of established annual reporting for SSTS programs.  Counties that conduct SSTS inventories or those with an ordinance in place that requires an SSTS to be inspected as a condition of transferring property or as a condition of obtaining a local permit must be given priority for competitive grants under this paragraph.  Of this amount, $750,000 each year is available to counties for grants to low-income landowners to address systems that pose an imminent threat to public health or safety or fail to protect groundwater.  A grant awarded under this paragraph may not exceed $500,000 for the biennium.  A county receiving a grant under this paragraph must submit a report to the agency listing the projects funded, including an account of the expenditures.

 

(i) $275,000 the first year and $275,000 the second year are for a storm water best management practice performance evaluation and technology transfer program to enhance data and information management of storm water best management practices; evaluate best management performance and effectiveness to support meeting total maximum daily loads; develop standards and incorporate state of the art guidance using minimal impact design standards as the model; and implement a knowledge and technology transfer system across local government, industry, and regulatory sectors for pass-through to the University of Minnesota.  This appropriation is available until June 30, 2018.

 

(j) $50,000 the first year and $50,000 the second year are to support activities of the Clean Water Council according to Minnesota Statutes, section 114D.30, subdivision 1.

 

(k) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations in this section encumbered on or before June 30, 2017, as grants or contracts are available until June 30, 2020.


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Sec. 6.  DEPARTMENT OF NATURAL RESOURCES

$8,500,000

 

$8,500,000

 

(a) $2,000,000 the first year and $2,000,000 the second year are for stream flow monitoring.

 

(b) $1,300,000 the first year and $1,300,000 the second year are for lake Index of Biological Integrity (IBI) assessments.

 

(c) $135,000 the first year and $135,000 the second year are for assessing mercury and other contaminants of fish, including monitoring to track the status of impaired waters over time.

 

(d) $1,940,000 the first year and $1,940,000 the second year are for developing targeted, science-based watershed restoration and protection strategies. 

 

(e) $1,375,000 the first year and $1,375,000 the second year are for water supply planning, aquifer protection, and monitoring activities.

 

(f) $500,000 the first year and $500,000 the second year are for technical assistance to support local implementation of nonpoint source restoration and protection activities, including water quality protection in forested watersheds.

 

(g) $675,000 the first year and $675,000 the second year are for applied research and tools, including watershed hydrologic modeling; maintaining and updating spatial data for watershed boundaries, streams, and water bodies and integrating high-resolution digital elevation data; assessing effectiveness of forestry best management practices for water quality; and developing a biomonitoring database. 

 

(h) $250,000 the first year and $250,000 the second year are for developing county geologic atlases. 

 

(i) $325,000 the first year and $325,000 the second year are for analysis and mapping in each county related to compliance with riparian buffer or alternate practice requirements and to provide statewide coordination and guidance to local units of government for implementation of buffer requirements.  Maps must be provided to local units of government and made available to landowners on the Department of Natural Resources' Web site.

 

Sec. 7.  BOARD OF WATER AND SOIL RESOURCES

$58,131,000

 

$58,132,000

 

(a) $8,929,000 the first year and $8,929,000 the second year are for grants to local government units organized for the management of water in a watershed or subwatershed that have multiyear plans that will result in a significant reduction in water pollution in a selected subwatershed.  The grants may be used for establishment


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of riparian buffers; practices to store water for natural treatment and infiltration, including rain gardens; capturing storm water for reuse; stream bank, shoreland, and ravine stabilization; enforcement activities; and implementation of best management practices for feedlots within riparian areas and other practices demonstrated to be most effective in protecting, enhancing, and restoring water quality in lakes, rivers, and streams and protecting groundwater from degradation.  Grant recipients must identify a nonstate match and may use other legacy funds to supplement projects funded under this paragraph.  Grants awarded under this paragraph are available for four years and priority must be given to the best designed plans each year.

 

(b) $14,775,000 the first year and $14,775,000 the second year are for grants to protect and restore surface water and drinking water; to keep water on the land; to protect, enhance, and restore water quality in lakes, rivers, and streams; and to protect groundwater and drinking water, including feedlot water quality and subsurface sewage treatment system projects and stream bank, stream channel, shoreline restoration, and ravine stabilization projects.  The projects must use practices demonstrated to be effective, be of long-lasting public benefit, include a match, and be consistent with total maximum daily load (TMDL) implementation plans, watershed restoration and protection strategies (WRAPS), or local water management plans or their equivalents.  A portion of these funds may be used to seek administrative efficiencies through shared resources by multiple local governmental units.

 

(c) $6,000,000 the first year and $6,000,000 the second year are for targeted local resource protection and enhancement grants and statewide program enhancements for technical assistance, citizen and community outreach, and training and certification, as well as projects, practices, and programs that supplement or otherwise exceed current state standards for protection, enhancement, and restoration of water quality in lakes, rivers, and streams or that protect groundwater from degradation, including compliance.

 

(d) $950,000 the first year and $950,000 the second year are to provide state oversight and accountability, evaluate results, provide implementation tools, and measure the value of conservation program implementation by local governments, including submission to the legislature by March 1 each even-numbered year a biennial report prepared by the board, in consultation with the commissioners of natural resources, health, agriculture, and the Pollution Control Agency, detailing the recipients, the projects funded under this section, and the amount of pollution reduced.

 

(e) $1,000,000 the first year and $1,000,000 the second year are for grants to local units of government to enhance compliance with riparian buffer or alternate practice requirements.


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(f) $10,043,000 the first year and $10,044,000 the second year are to restore or preserve permanent conservation on riparian buffers adjacent to lakes, rivers, streams, and tributaries, to keep water on the land in order to decrease sediment, pollutant, and nutrient transport; reduce hydrologic impacts to surface waters; and increase infiltration for groundwater recharge.  This appropriation may be used for restoration of riparian buffers permanently protected by easements purchased with this appropriation or contracts to achieve permanent protection for riparian buffers or stream bank restorations when the riparian buffers have been restored.  Up to $344,000 is for deposit in a monitoring and enforcement account.

 

(g) $1,750,000 the first year and $1,750,000 the second year are for permanent conservation easements on wellhead protection areas under Minnesota Statutes, section 103F.515, subdivision 2, paragraph (d), or for grants to local units of government for fee title acquisition to permanently protect groundwater supply sources on wellhead protection areas or for otherwise assuring long-term protection of groundwater supply sources as described under alternative management tools in the Department of Agriculture's Nitrogen Fertilizer Management Plan, including low nitrogen cropping systems or implementing nitrogen fertilizer best management practices.  Priority must be placed on land that is located where the vulnerability of the drinking water supply is designated as high or very high by the commissioner of health, where drinking water protection plans have identified specific activities that will achieve long-term protection, and on lands with expiring Conservation Reserve Program contracts.  Up to $52,500 is for deposit in a monitoring and enforcement account.

 

(h) $750,000 the first year and $750,000 the second year are for community partner grants to local units of government for:  (1) structural or vegetative management practices that reduce storm water runoff from developed or disturbed lands to reduce the movement of sediment, nutrients, and pollutants for restoration, protection, or enhancement of water quality in lakes, rivers, and streams and to protect groundwater and drinking water; and (2) installation of proven and effective water retention practices including, but not limited to, rain gardens and other vegetated infiltration basins and sediment control basins in order to keep water on the land.  The projects must be of long-lasting public benefit, include a local match, and be consistent with TMDL implementation plans, watershed restoration and protection strategies (WRAPS), or local water management plans or their equivalents.  Local government unit costs may be used as a match.

 

(i) $84,000 the first year and $84,000 the second year are for a technical evaluation panel to conduct ten restoration evaluations under Minnesota Statutes, section 114D.50, subdivision 6.


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(j) $2,100,000 the first year and $2,100,000 the second year are for assistance, oversight, and grants to local governments to transition local water management plans to a watershed approach as provided for in Minnesota Statutes, chapters 103B, 103C, 103D, and 114D.

 

(k) $750,000 the first year and $750,000 the second year are for technical assistance and grants for the conservation drainage program in consultation with the Drainage Work Group, coordinated under Minnesota Statutes, section 103B.101, subdivision 13, that includes projects to improve multipurpose water management under Minnesota Statutes, section 103E.015.

 

(l) $9,000,000 the first year and $9,000,000 the second year are to purchase and restore permanent conservation sites via easements or contracts to treat and store water on the land for water quality improvement purposes and related technical assistance.  This work may be done in cooperation with the United States Department of Agriculture with a first priority use to accomplish a conservation reserve enhancement program, or equivalent, in the state.  Up to $1,285,000 is for deposit in a monitoring and enforcement account.

 

(m) $1,000,000 the first year and $1,000,000 the second year are to purchase permanent conservation easements to protect lands adjacent to public waters with good water quality but threatened with degradation.  Up to $190,000 is for deposit in a monitoring and enforcement account.

 

(n) $500,000 the first year and $500,000 the second year are for a program to systematically collect data and produce county, watershed, and statewide estimates of soil erosion caused by water and wind along with tracking adoption of conservation measures to address erosion.

 

(o) $500,000 the first year and $500,000 the second year are to supplement, in equal amounts, each soil and water conservation district's general service grant.

 

(p) The Board of Water and Soil Resources must consider the inclusion of environmentally suitable annuals the next time the board establishes or revises vegetation establishment and enhancement guidelines for the purposes of riparian buffers.

 

(q) The board may contract for delivery of services with Conservation Corps Minnesota for restoration, maintenance, and other activities under this section.

 

(r) The board may shift grant or cost-share funds in this section and may adjust the technical and administrative assistance portion of the funds to leverage federal or other nonstate funds or to address oversight responsibilities or high-priority needs identified in local water management plans.


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(s) The board shall require grantees to specify the outcomes that will be achieved by the grants prior to any grant awards.

 

(t) The appropriations in this section are available until June 30, 2020.  Returned grant funds are available until expended and shall be regranted consistent with the purposes of this section.

 

Sec. 8.  DEPARTMENT OF HEALTH

 

$4,013,000

 

$3,812,000

 

(a) $1,100,000 the first year and $1,100,000 the second year are for addressing public health concerns related to contaminants found in Minnesota drinking water for which no health-based drinking water standards exist, including accelerating the development of health risk limits and improving the capacity of the department's laboratory to analyze unregulated contaminants.  The commissioner shall contract with the Board of Regents of the University of Minnesota to provide an independent review of the department's drinking water contaminants of emerging concern program.  The review must include an assessment and ranking of contaminants that are threats to drinking water supplies and include benchmarking that compares efforts at the department with efforts by other states and the United States Environmental Protection Agency.  The review must be submitted to the Clean Water Council and the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by June 1, 2016.

 

(b) $1,900,000 the first year and $1,900,000 the second year are for protection of drinking water sources.

 

(c) $113,000 the first year and $112,000 the second year are for cost-share assistance to public and private well owners for up to 50 percent of the cost of sealing unused wells.

 

(d) $125,000 the first year and $125,000 the second year are to develop and deliver groundwater restoration and protection strategies for use on a watershed scale for use in local water planning efforts and to provide resources to local governments for drinking water source protection activities.

 

(e) $325,000 the first year and $325,000 the second year are for studying the occurrence and magnitude of contaminants in private wells and developing guidance to ensure that new well placement minimizes the potential for risks, in cooperation with the commissioner of agriculture.

 

(f) $275,000 the first year and $75,000 the second year are for development and implementation of a groundwater virus monitoring plan, including an epidemiological study to determine the association between groundwater virus concentration and community illness rates. 


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(g) $175,000 the first year and $175,000 the second year are to prepare a comprehensive study of and recommendations for regulatory and nonregulatory approaches to water reuse for use in the development of state policy for water reuse in Minnesota.

 

(h) Unless otherwise specified, the appropriations in this section are available until June 30, 2019.

 

Sec. 9.  METROPOLITAN COUNCIL

 

$1,225,000

 

$1,225,000

 

(a) $975,000 the first year and $975,000 the second year are to implement projects that address emerging drinking water supply threats, provide cost-effective regional solutions, leverage interjurisdictional coordination, support local implementation of water supply reliability projects, and prevent degradation of groundwater resources in the metropolitan area.  These projects will provide to communities:

 

(1) potential solutions to leverage regional water use through utilization of surface water, storm water, wastewater, and groundwater;

 

(2) an analysis of infrastructure requirements for different alternatives;

 

(3) development of planning level cost estimates, including capital cost and operation cost;

 

(4) identification of funding mechanisms and an equitable cost‑sharing structure for regionally beneficial water supply development projects; and

 

(5) development of subregional groundwater models.

 

(b) $250,000 the first year and $250,000 the second year are for the water demand reduction grant program to encourage implementation of water demand reduction measures by municipalities in the metropolitan area to ensure the reliability and protection of drinking water supplies.

 

Sec. 10.  Minnesota Statutes 2014, section 103A.206, is amended to read:

 

103A.206 SOIL AND WATER CONSERVATION POLICY.

 

Maintaining and enhancing the quality of soil and water for the environmental and economic benefits they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute greatly to the health, safety, economic well-being, and general welfare of this state and its citizens.  Land occupiers have the responsibility to implement practices that conserve the soil and water resources of the state.  Soil and water conservation measures implemented on private lands in this state provide benefits to the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by floods.  The soil and water conservation policy of the state is to encourage land occupiers to conserve soil, water, and the natural resources they support through the implementation of practices that:


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(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to preserve natural resources;

 

(2) ensure continued soil health, as defined under section 103C.101, subdivision 10a, and soil productivity;

 

(3) protect water quality;

 

(4) prevent impairment of dams and reservoirs;

 

(5) reduce damages caused by floods;

 

(6) preserve wildlife;

 

(7) protect the tax base; and

 

(8) protect public lands and waters.

 

Sec. 11.  Minnesota Statutes 2014, section 103B.101, is amended by adding a subdivision to read:

 

Subd. 16.  Water quality practices; standardized specifications.  The Board of Water and Soil Resources shall work with state and federal agencies, academic institutions, local governments, practitioners, and stakeholders to foster mutual understanding and provide recommendations for standardized specifications for water quality and soil conservation protection and improvement practices and projects.  The board may convene working groups or work teams to develop information, education, and recommendations.

 

Sec. 12.  [103B.801] COMPREHENSIVE WATERSHED MANAGEMENT PLANNING PROGRAM.

 

Subdivision 1.  Definitions.  The definitions under section 103B.3363, subdivisions 2 to 4, apply to this section.

 

Subd. 2.  Program purposes.  The purposes of the comprehensive watershed management plan program under section 103B.101, subdivision 14, paragraph (a), are to:

 

(1) align local water planning purposes and procedures under chapters 103B, 103C, and 103D on watershed boundaries to create a systematic, watershed-wide, science-based approach to watershed management;

 

(2) acknowledge and build off existing local government structure, water plan services, and local capacity;

 

(3) incorporate and make use of data and information, including watershed restoration and protection strategies under section 114D.26;

 

(4) solicit input and engage experts from agencies, citizens, and stakeholder groups;

 

(5) focus on implementation of prioritized and targeted actions capable of achieving measurable progress; and

 

(6) serve as a substitute for a comprehensive plan, local water management plan, or watershed management plan developed or amended, approved, and adopted, according to chapter 103B, 103C, or 103D.

 

Subd. 3.  Coordination.  The board shall develop policies for coordination and development of comprehensive watershed management plans.  To ensure effectiveness and accountability in meeting the purposes of subdivision 2, these policies must address, at a minimum:


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(1) a boundary framework consistent with section 103B.101, subdivision 14, paragraph (a), and procedures, requirements, and criteria for establishing or modifying the framework consistent with the goals of section 103A.212.  The metropolitan area, as defined under section 473.121, subdivision 2, may be considered for inclusion in the boundary framework.  If included, the metropolitan area is not excluded from the water management programs under sections 103B.201 to 103B.255;

 

(2) requirements for coordination, participation, and commitment between local government units in the development, approval, adoption, and implementation of comprehensive watershed management plans within planning boundaries identified according to this subdivision;

 

(3) requirements for consistency with state agency-adopted water and natural resources-related plans and documents required by chapters 103A, 103B, 103C, 103D, 103E, 103F, 103G, and 114D; and

 

(4) procedures for plan development, review, and approval consistent with the intent of sections 103B.201, 103B.255, 103B.311, 103B.321, 103D.401, and 103D.405.  If the procedures in these sections are contradictory as applied to a specific proceeding, the board must establish a forum where the public interest conflicts involved can be presented and, by consideration of the whole body of water law, the controlling policy can be determined and apparent inconsistencies resolved.

 

Subd. 4.  Plan content.  (a) The board shall develop policies for required comprehensive watershed management plan content consistent with comprehensive local water management planning.  To ensure effectiveness and accountability in meeting the purposes of subdivision 2, plan content must include, at a minimum:

 

(1) an analysis and prioritization of issues and resource concerns;

 

(2) measurable goals to address the issues and concerns, including but not limited to:

 

(i) restoration, protection, and preservation of natural surface water and groundwater storage and retention systems;

 

(ii) minimization of public capital expenditures needed to correct flooding and water quality problems;

 

(iii) restoration, protection, and improvement of surface water and groundwater quality;

 

(iv) establishment of more uniform local policies and official controls for surface water and groundwater management;

 

(v) identification of priority areas for wetland enhancement, restoration, and establishment;

 

(vi) identification of priority areas for riparian zone management and buffers;

 

(vii) prevention of erosion and soil transport into surface water systems;

 

(viii) promotion of groundwater recharge;

 

(ix) protection and enhancement of fish and wildlife habitat and water recreational facilities; and

 

(x) securing other benefits associated with the proper management of surface water and groundwater;

 

(3) a targeted implementation schedule describing at a minimum the actions, locations, timeline, estimated costs, method of measurement, and identification of roles and responsible government units;


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(4) a description of implementation programs, including how the implementation schedule will be achieved and how the plan will be administered and coordinated between local water management responsibilities; and

 

(5) a land and water resource inventory.

 

Subd. 5.  Timelines; administration.  (a) The board shall develop and adopt, by June 30, 2016, a transition plan for development, approval, adoption, and coordination of plans consistent with section 103A.212.  The transition plan must include a goal of completing statewide transition to comprehensive watershed management plans by 2025.  The metropolitan area may be considered for inclusion in the transition plan.

 

(b) The board may use the authority under section 103B.3369, subdivision 9, to support development or implementation of a comprehensive watershed management plan under this section.

 

Subd. 6.  Authority.  Notwithstanding any laws to the contrary, the authorities granted to local government through chapters 103B, 103C, and 103D are retained when a comprehensive watershed management plan is adopted as a substitute for a watershed management plan required under section 103B.231, a county groundwater plan authorized under section 103B.255, a county water plan authorized under section 103B.311, a comprehensive plan authorized under section 103C.331, or a watershed management plan required under section 103D.401 or 103D.405.

 

Sec. 13.  Minnesota Statutes 2014, section 103C.101, is amended by adding a subdivision to read:

 

Subd. 10a.  Soil health.  "Soil health" means the continued capacity of soil to function as a vital living system that sustains plants, animals, and humans.  Indicators of soil health include water infiltration capacity; organic matter content; water holding capacity; biological capacity to break down plant residue and other substances and to maintain soil aggregation; nutrient sequestration and cycling capacity; carbon sequestration; and soil resistance.

 

Sec. 14.  Minnesota Statutes 2014, section 103C.401, subdivision 1, is amended to read:

 

Subdivision 1.  Powers and duties.  In addition to the powers and duties of the state board provided by other law, the state board shall:

 

(1) offer to assist the district boards to implement their programs;

 

(2) keep the district boards of the state informed of the activities and experience of other districts and facilitate cooperation and an interchange of advice and experience among the districts;

 

(3) coordinate the programs and activities of the districts with appropriate agencies by advice and consultation;

 

(4) approve or disapprove the plans or programs of districts relating to the use of state funds administered by the state board;

 

(5) secure the cooperation and assistance of agencies in the work of the districts and develop a program to advise and assist appropriate agencies in obtaining state and federal funds for erosion, sedimentation, flooding, and agriculturally related pollution control programs;

 

(6) develop and implement a public information program concerning the districts' activities and programs, the problems and preventive practices relating to erosion control, sedimentation, agriculturally related pollution, flood prevention, and the advantages of formation of districts in areas where their organization is desirable;

 

(7) consolidate districts without a hearing or a referendum;


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(8) assist the statewide program to inventory and classify the types of soils in the state as determined by the Minnesota Cooperative Soil Survey;

 

(9) identify research needs and cooperate with other public agencies in research concerning the nature and extent of erosion, sedimentation, flooding and agriculturally related pollution, the amounts and sources of sediment and pollutants delivered to the waters of the state, and long-term soil productivity;

 

(10) develop structural, land use management practice, and other programs to reduce or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;

 

(11) develop a system of priorities to identify the erosion, flooding, sediment, and agriculturally related pollution problem areas that most need control systems;

 

(12) ensure compliance with statewide programs and policies established by the state board by advice, consultation, and approval of grant agreements with the districts; and

 

(13) service requests from districts to consolidate districts across county boundaries and facilitate other agreed-to reorganizations of districts with other districts or other local units of government, including making grants, within the limits of available funds, to offset the cost of consolidation or reorganization; and

 

(14) develop and implement a state-led technical training and certification program.

 

Sec. 15.  Minnesota Statutes 2014, section 103C.501, subdivision 5, is amended to read:

 

Subd. 5.  Contracts by districts.  (a) A district board may contract on a cost-share basis to furnish financial aid to a land occupier or to a state agency for permanent systems for erosion or sedimentation control or water quality or water quantity improvements that are consistent with the district's comprehensive and annual work plans.

 

(b) A district board, with approval from the state board and consistent with state board rules and policies, may contract on a cost-share basis to furnish financial aid to a land occupier for nonstructural land management practices that are part of a planned erosion control or water quality improvement plan.

 

(b) (c) The duration of the contract must, at a minimum, be the time required to complete the planned systems.  A contract must specify that the land occupier is liable for monetary damages and penalties in an amount up to 150 percent of the financial assistance received from the district, for failure to complete the systems or practices in a timely manner or maintain the systems or practices as specified in the contract.

 

(c) (d) A contract may provide for cooperation or funding with federal agencies.  A land occupier or state agency may provide the cost-sharing portion of the contract through services in kind.

 

(d) (e) The state board or the district board may not furnish any financial aid for practices designed only to increase land productivity.

 

(e) (f) When a district board determines that long-term maintenance of a system or practice is desirable, the board may require that maintenance be made a covenant upon the land for the effective life of the practice.  A covenant under this subdivision shall be construed in the same manner as a conservation restriction under section 84.65.

 

Sec. 16.  Minnesota Statutes 2014, section 114D.30, subdivision 2, is amended to read:

 

Subd. 2.  Membership; appointment.  (a) The commissioners of natural resources, agriculture, health, and the Pollution Control Agency, and the executive director of the Board of Water and Soil Resources, the Board of Regents of the University of Minnesota, and the Metropolitan Council shall each appoint one person from their


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respective agency entity to serve as a nonvoting member of the council.  Two members of the house of representatives, including one member from the majority party and one member from the minority party, appointed by the speaker and two senators, including one member from the majority party and one member from the minority party, appointed according to the rules of the senate shall serve at the pleasure of the appointing authority as nonvoting members of the council.  Agency and legislative Members appointed under this paragraph serve as nonvoting members of the council.

 

(b) Nineteen Seventeen voting members of the council shall be appointed by the governor as follows:

 

(1) two members representing statewide farm organizations;

 

(2) two members representing business organizations;

 

(3) two members representing environmental organizations;

 

(4) one member representing soil and water conservation districts;

 

(5) one member representing watershed districts;

 

(6) one member representing nonprofit organizations focused on improvement of Minnesota lakes or streams;

 

(7) two members representing organizations of county governments, one member representing the interests of rural counties and one member representing the interests of counties in the seven-county metropolitan area;

 

(8) two members representing organizations of city governments;

 

(9) one member representing the Metropolitan Council established under section 473.123;

 

(10) (9) one member representing township officers;

 

(11) (10) one member representing the interests of tribal governments;

 

(12) (11) one member representing statewide hunting organizations; and

 

(13) one member representing the University of Minnesota or a Minnesota state university; and

 

(14) (12) one member representing statewide fishing organizations.

 

Members appointed under this paragraph must not be registered lobbyists or legislators.  In making appointments, the governor must attempt to provide for geographic balance.  The members of the council appointed by the governor are subject to the advice and consent of the senate.

 

Sec. 17.  Laws 2013, chapter 137, article 2, section 6, is amended to read:

 

Sec. 6.  DEPARTMENT OF NATURAL RESOURCES

$ 12,635,000 12,135,000

 

$ 9,450,000 8,950,000

 

(a) $2,000,000 the first year and $2,000,000 the second year are for stream flow monitoring, including the installation of additional monitoring gauges, and monitoring necessary to determine the relationship between stream flow and groundwater.


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(b) $1,300,000 the first year and $1,300,000 the second year are for lake Index of Biological Integrity (IBI) assessments.

 

(c) $135,000 the first year and $135,000 the second year are for assessing mercury contamination and other contaminants of fish, including monitoring to track the status of waters impaired by mercury and mercury reduction efforts over time.

 

(d) $1,850,000 the first year and $1,850,000 the second year are for developing targeted, science-based watershed restoration and protection strategies, including regional technical assistance for TMDL plans and development of a watershed assessment tool, in cooperation with the commissioner of the Pollution Control Agency.  By January 15, 2016, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over environment and natural resources policy and finance providing the outcomes to lakes, rivers, streams, and groundwater achieved with this appropriation and recommendations.

 

(e) $1,375,000 the first year and $1,375,000 the second year are for water supply planning, aquifer protection, and monitoring activities.

 

(f) $1,000,000 the first year and $1,000,000 the second year are for technical assistance to support local implementation of nonpoint source restoration and protection activities, including water quality protection in forested watersheds.

 

(g) $675,000 the first year and $675,000 the second year are for applied research and tools, including watershed hydrologic modeling; maintaining and updating spatial data for watershed boundaries, streams, and water bodies and integrating high‑resolution digital elevation data; assessing effectiveness of forestry best management practices for water quality; and developing an ecological monitoring database.

 

(h) $615,000 the first year and $615,000 the second year are for developing county geologic atlases.

 

(i) $85,000 the first year is to develop design standards and best management practices for public water access sites to maintain and improve water quality by avoiding shoreline erosion and runoff.

 

(j) $3,000,000 the first year is for beginning to develop and designate groundwater management areas under Minnesota Statutes, section 103G.287, subdivision 4.  The commissioner, in consultation with the commissioners of the Pollution Control Agency, health, and agriculture, shall establish a uniform statewide hydrogeologic mapping system that will include designated


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groundwater management areas.  The mapping system must include wellhead protection areas, special well construction areas, groundwater provinces, groundwater recharge areas, and other designated or geographical areas related to groundwater.  This mapping system shall be used to implement all groundwater‑related laws and for reporting and evaluations.  This appropriation is available until June 30, 2017.

 

(k) $500,000 the first year and $500,000 the second year are for grants to counties and other local units of government to adopt and implement advanced shoreland protection measures.  The grants awarded under this paragraph shall be for up to $100,000 and must be used to restore and enhance riparian areas to protect, enhance, and restore water quality in lakes, rivers, and streams.  Grant recipients must submit a report to the commissioner on the outcomes achieved with the grant.  To be eligible for a grant under this paragraph, a county or other local unit of government must be adopting or have adopted an ordinance for the subdivision, use, redevelopment, and development of shoreland that has been approved by the commissioner of natural resources as having advanced shoreland protection measures.  An ordinance must meet or exceed the following standards:

 

(1) requires new sewage treatment systems to be set back at least 100 feet from the ordinary high water level for recreational development shorelands and 75 feet for general development lake shorelands;

 

(2) requires redevelopment and new development on shoreland to have at least a 50-foot vegetative buffer.  An access path and recreational use area may be allowed;

 

(3) requires mitigation when any variance to standards designed to protect lakes, rivers, and streams is granted;

 

(4) requires best management practices to be used to control storm water and sediment as part of a land alteration;

 

(5) includes other criteria developed by the commissioner; and

 

(6) has been adopted by July 1, 2015.

 

An ordinance that does not exceed all the standards in clauses (1) to (5) is considered to meet the requirement if the commissioner determines that the ordinance provides significantly greater protection for both waters and shoreland than those standards.

 

The commissioner of natural resources may develop additional criteria for the grants awarded under this paragraph.  In developing the criteria, the commissioner shall consider the proposed changes to the department's shoreland rules discussed during the


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rulemaking process authorized under Laws 2007, chapter 57, article 1, section 4, subdivision 3.  This appropriation is available until spent.

 

(l) (k) $100,000 the first year is for the commissioner of natural resources for rulemaking under Minnesota Statutes, section 116G.15, subdivision 7.

 

Sec. 18.  CANCELLATION OF PRIOR APPROPRIATIONS.

 

(a) The unspent balance of the appropriation to the Public Facilities Authority for the clean water legacy phosphorus reduction grant program under Minnesota Statutes, section 446A.074, in Laws 2009, chapter 172, article 2, section 3, paragraph (b), is canceled.

 

(b) The unspent balance of the appropriation to the Public Facilities Authority for the clean water legacy phosphorus reduction grant program under Minnesota Statutes, section 446A.074, in Laws 2011, First Special Session chapter 6, article 2, section 4, paragraph (b), is canceled.

 

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

 

ARTICLE 3

PARKS AND TRAILS FUND

 

Section 1.  PARKS AND TRAILS FUND APPROPRIATIONS. 

 

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

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2016

2017

 

Sec. 2.  PARKS AND TRAILS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$43,628,000

 

$45,722,000

 

The amounts that may be spent for each purpose are specified in the following sections.

 

Subd. 2.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this article may not be spent on activities unless they are directly related to and necessary for a specific appropriation.  Money appropriated in this article must be spent in accordance with Minnesota Management and Budget's Guidance to Agencies on Legacy Fund Expenditure.  Notwithstanding


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Minnesota Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2016 appropriations are available until June 30, 2018, and fiscal year 2017 appropriations are available until June 30, 2019.  If a project receives federal funds, the time period of the appropriation is extended to equal the availability of federal funding.

 

Subd. 3.  Disability Access

 

 

 

 

 

Where appropriate, grant recipients of parks and trails funds, in consultation with the Council on Disability, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this article.

 

Sec. 3.  DEPARTMENT OF NATURAL RESOURCES

$26,391,000

 

$27,655,000

 

(a) $17,237,000 the first year and $18,067,000 the second year are for state parks, recreation areas, and trails to:

 

(1) connect people to the outdoors;

 

(2) acquire land and create opportunities;

 

(3) maintain existing holdings; and

 

(4) improve cooperation by coordinating with partners to implement the 25-year long-range parks and trails legacy plan.

 

(b) $8,618,000 the first year and $9,033,000 the second year are for grants in accordance with Minnesota Statutes, section 85.535, for parks and trails of regional or statewide significance outside of the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2.  The grants must be based on the recommendations to the commissioner from the Greater Minnesota Regional Parks and Trails Commission established under Minnesota Statutes, section 85.536.  Up to 2.5 percent of the total appropriation may be used by the department for administering the grants.  Of the total appropriation, $356,000 the first year and $362,000 the second year are for grants to the Greater Minnesota Regional Parks and Trails Commission for operating costs.

 

(c) $536,000 the first year and $555,000 the second year are for coordination and projects between the department, the Metropolitan Council, and the Greater Minnesota Regional Parks and Trails Commission; enhanced Web-based information for park and trail users; and support of activities of the Parks and Trails Legacy Advisory Committee.


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(d) The commissioner shall contract for services with Conservation Corps Minnesota for restoration, maintenance, and other activities under this section for at least $1,000,000 the first year and $1,000,000 the second year.

 

(e) The implementing agencies receiving appropriations under this section shall give consideration to contracting with Conservation Corps Minnesota for restoration, maintenance, and other activities.

 

Sec. 4.  METROPOLITAN COUNCIL

 

$17,237,000

 

$18,067,000

 

(a) $17,237,000 the first year and $18,067,000 the second year are for distribution according to Minnesota Statutes, section 85.53, subdivision 3.

 

(b) Money appropriated under this section and distributed to implementing agencies must be used to fund the list of recommended projects in the report submitted pursuant to Laws 2013, chapter 137, article 3, section 4, paragraph (o).  Projects funded by the money appropriated under this section must be substantially consistent with the project descriptions and dollar amounts in the report.  Any funds remaining after completion of the listed projects may be spent by the implementing agencies on projects to support parks and trails.

 

(c) Grant agreements entered into by the Metropolitan Council and recipients of money appropriated under this section must ensure that the funds are used to supplement and not substitute for traditional sources of funding.

 

(d) The implementing agencies receiving appropriations under this section shall give consideration to contracting with Conservation Corps Minnesota for restoration, maintenance, and other activities.

 

Sec. 5.  Laws 2013, chapter 137, article 3, section 4, is amended to read:

 

Sec. 4.  METROPOLITAN COUNCIL

 

$16,821,000

 

$16,953,000

 

(a) $16,821,000 the first year and $16,953,000 the second year are for parks and trails of regional or statewide significance in the metropolitan area, distributed according to paragraphs (b) to (1).  Any funds remaining after completion of the listed project may be spent on projects to support parks and trails by the implementing agency.

 

(b) $1,443,000 the first year and $1,455,000 the second year are for grants to Anoka County for:

 

(1) a trail connection for Bunker Hills Regional Park from Avocet Street;


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(2) restoration, including erosion repair, along Pleasure Creek and the Mississippi River Regional Trail at the Coon Rapids Dam Regional Park;

 

(3) a new playground and surfacing at Lake George Regional Park;

 

(4) land acquisition for the Rice Creek Chain of Lakes Park Reserve;

 

(5) improvements at the Rice Creek Chain of Lakes Park Reserve, including maintenance shop rehabilitation, road and parking construction, fencing, beach improvements, and roof repairs;

 

(6) trail reconstruction under East River Road on the Rice Creek West Regional Trail;

 

(7) contracts with Conservation Corps Minnesota;

 

(8) a volunteer or resource coordinator position;

 

(9) a landscape designer or architect;

 

(10) design, engineering, and construction of the Central Anoka County Regional Trail;

 

(11) road rehabilitation at Lake George Regional Park;

 

(12) reconstruction of a retaining wall on the Mississippi River Regional Trail;

 

(13) a trail connection on the Mississippi River Regional Trail to connect Mississippi West Regional Park to the city of Ramsey;

 

(14) improvements of the Heritage Laboratory/Day Camp at the Rice Creek Chain of Lakes Park Reserve; and

 

(15) trail reconstruction on the Rice Creek North Regional Trail from Lexington Avenue to Golden Lake Elementary School.

 

(c) $289,000 the first year and $292,000 the second year are for grants to the city of Bloomington to reconstruct parking lots at the Hyland-Bush-Anderson Lakes Park Reserve.

 

(d) $294,000 the first year and $297,000 the second year are for grants to Carver County to connect the Minnesota River Bluffs Regional Trail and Southwest Regional Trail and for trail and bridge construction on the Minnesota River Bluff Regional Trail.

 

(e) $1,174,000 the first year and $1,183,000 the second year are for grants to Dakota County for:


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(1) engineering to extend the Mississippi River Regional Trail and Big Rivers Regional Trails, including extensions to St. Paul, and to provide a connection to Lilydale Regional Trail;

 

(2) a trail connection for the Mississippi River Regional Trail to connect St. Paul and to construct a bridge over railroad tracks;

 

(3) engineering and construction of regional trail segments throughout the county;

 

(4) engineering and construction of a bridge and trails through the Minnesota Zoological Garden on the North Creek Regional Greenway; and

 

(5) resource management of the county's parks and trails system.

 

(f) $3,221,000 the first year and $3,246,000 the second are for grants to the Minneapolis Park and Recreation Board for:

 

(1) design and construction of trail loops, river access areas, landscapes, and storm water management improvements at Above the Falls Regional Park;

 

(2) land acquisition at Above the Falls Regional Park;

 

(3) a master plan and trail design for Central Mississippi Riverfront Regional Park;

 

(4) planning and design for the Central Riverfront including the water works and the Mississippi Whitewater Park sites;

 

(5) trail, path, and shoreline improvements and play area rehabilitation at Nokomis-Hiawatha Regional Park;

 

(6) trail, shoreline, water access, picnic, sailboat facility, and concession improvements at Minneapolis Chain of Lakes Regional Park;

 

(7) a bird sanctuary, trail stabilization, habitat restoration, accessibility improvements, and construction of new entrances at Minneapolis Chain of Lakes Regional Park;

 

(8) a trail connection for the Minnehaha Parkway Regional Trail below Lyndale Avenue; and

 

(9) trail work at Theodore Wirth Regional Park.

 

(g) $1,299,000 the first year and $1,309,000 the second year are for grants to Ramsey County for:


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(1) wayfinding for cross-country ski trails at Battle Creek Regional Park, Tamarack Nature Center, and Grass-Vadnais-Snail Lakes Regional Park;

 

(2) contracts with Conservation Corps Minnesota;

 

(3) design and construction of an early learning center at Tamarack Nature Center and pedestrian connections, landscape restoration, signage, and other site amenities at Bald Eagle-Otter Lakes Regional Park;

 

(4) improvements to Tamarack Nature Center;

 

(5) building and supporting a volunteer corps for Tamarack Nature Center and Discovery Hollow;

 

(6) trail development to connect Tamarack Nature Center to the Otter Lake boat launch;

 

(7) a trail on Vadnais Lake, storm water management improvements, and site amenities at Grass-Vadnais-Snail Lakes Regional Park;

 

(8) trail development and connection, storm water management improvements, and site amenities at Rice Creek North Regional Trail; and

 

(9) the Bruce Vento Regional Trail.

 

(h) $2,378,000 the first year and $2,397,000 the second year are for grants to the city of Saint Paul for:

 

(1) an education coordinator;

 

(2) a volunteer coordinator;

 

(3) Como Regional Park shuttle operation;

 

(4) a trail connection to connect Harriet Island to the Mississippi Regional Trail;

 

(5) Estabrook Road reconstruction and lighting upgrades at Como Regional Park; and

 

(6) a trail connection and railroad bridge reconstruction at Lilydale Regional Park.

 

(i) $550,000 the first year and $554,000 the second year are for grants to Scott County for construction at Cedar Lake Farm Regional Park.


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(j) $3,669,000 the first year and $3,697,000 the second year are for grants to Three Rivers Park District for:

 

(1) a trail connection to connect Grand Rounds to Nine Mile Creek Trail;

 

(2) a trail bridge over safe trail crossing of County State-Aid Highway 19 for the Lake Minnetonka LRT Regional Trail;

 

(3) trail construction on the Crystal Lake Regional Trail;

 

(4) trail construction on the Bassett Creek Regional Trail;

 

(5) trail construction on the Twin Lakes Regional Trail; and

 

(6) trail construction on the Nine Mile Creek Regional Trail.

 

(k) $821,000 the first year and $827,000 the second year are for grants to Washington County for:

 

(1) parking, buildings, and other improvements at the Swim Pond in Lake Elmo Park Reserve;

 

(2) design and construction of the Point Douglas Regional Trail, which connects to Wisconsin; and

 

(3) paving improvements to Hardwood Creek Regional Trail, which may include new trail sections toward Bald Eagle Regional Park.

 

(l) $1,682,000 the first year and $1,695,000 the second year are for grants to implementing agencies for land acquisition within Metropolitan Council approved regional parks and trails master plan boundaries as provided under Minnesota Statutes, section 85.53, subdivision 3, clause (4).

 

(m) A recipient of a grant awarded under this section must give consideration to Conservation Corps Minnesota for possible use of corps services to contract for restoration and enhancement services.

 

(n) For projects with the potential to need historic preservation services, a recipient of a grant awarded under this section must give consideration to the Northern Bedrock Conservation Corps for possible use of the corps' services.

 

(o) By January 15, 2015, the council shall submit a list of projects, ranked in priority order, that contains the council's recommendations for funding from the parks and trails fund for the 2016 and 2017 biennium to the chairs and ranking minority


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members of the senate and house of representatives committees and divisions with jurisdiction over the environment and natural resources and the parks and trails fund.

 

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

 

Sec. 6.  MESABI TRAIL GRANT EXTENSION.

 

Notwithstanding Minnesota Statutes, section 16A.28, or other law to the contrary, $512,000 of the money appropriated in fiscal year 2013 under Laws 2011, First Special Session chapter 6, article 3, section 3, paragraph (c), clause (1), for grants under Minnesota Statutes, section 85.535, is available until June 30, 2017.  The commissioner of natural resources shall extend the $512,000 grant to the St. Louis and Lake Counties Regional Railroad Authority for extension of the Mesabi Trail to June 30, 2017.

 

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

 

ARTICLE 4

ARTS AND CULTURAL HERITAGE FUND

 

Section 1.  ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the entities and for the purposes specified in this article.  The appropriations are from the arts and cultural heritage fund and are available for the fiscal years indicated for allowable activities under the Minnesota Constitution, article XI, section 15.  The figures "2016" and "2017" used in this article mean that the appropriations listed under the figure are available for the fiscal year ending June 30, 2016, and June 30, 2017, respectively.  "The first year" is fiscal year 2016.  "The second year" is fiscal year 2017.  "The biennium" is fiscal years 2016 and 2017.  All appropriations in this article are onetime.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2016

2017

 

Sec. 2.  ARTS AND CULTURAL HERITAGE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$61,192,000

 

$62,823,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this article may not be spent on activities unless they are directly related to and necessary for a specific appropriation.  Money appropriated in this article must not be spent on indirect costs or other institutional overhead charges that are not directly related to and necessary for a specific appropriation.  Notwithstanding Minnesota Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2016 appropriations are available until June 30, 2017, and fiscal year 2017 appropriations are available until June 30, 2018.  If a project receives federal funds, the time period of the appropriation is extended to equal the availability of federal funding.


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Subd. 3.  Minnesota State Arts Board

 

28,300,000

 

29,040,000

 

(a) These amounts are appropriated to the Minnesota State Arts Board for arts, arts education, arts preservation, and arts access.  Grant agreements entered into by the Minnesota State Arts Board and other recipients of appropriations in this subdivision must ensure that these funds are used to supplement and not substitute for traditional sources of funding.  Each grant program established within this appropriation must be separately administered from other state appropriations for program planning and outcome measurements, but may take into consideration other state resources awarded in the selection of applicants and grant award size.

 

(b) Arts Preservation

 

 

 

 

 

$2,200,000 the first year is for transfer to the commissioner of administration for restoration and preservation of the fine art located in the State Capitol complex.

 

(c) Arts and Arts Access Initiatives

 

 

 

 

 

$20,300,00 the first year and $23,240,000 the second year are to support Minnesota artists and arts organizations in creating, producing, and presenting high-quality arts activities; to overcome barriers to accessing high-quality arts activities; and to instill the arts into the community and public life in this state.

 

(d) Arts Education

 

 

 

 

 

$4,050,000 the first year and $4,050,000 the second year are for high-quality, age-appropriate arts education for Minnesotans of all ages to develop knowledge, skills, and understanding of the arts.

 

(e) Arts and Cultural Heritage

 

 

 

 

 

$1,750,000 the first year and $1,750,000 the second year are for events and activities that represent the diverse cultural arts traditions, including folk and traditional artists and art organizations, represented in this state.

 

(f) Up to 4.5 percent of the funds appropriated in paragraphs (b) to (d) may be used by the board for administering grant programs, delivering technical services, providing fiscal oversight for the statewide system, and ensuring accountability.

 

(g) Thirty percent of the remaining total appropriation to each of the categories listed in paragraphs (b) to (d) is for grants to the regional arts councils.  Notwithstanding any other provision of law, regional arts council grants or other arts council grants for touring programs, projects, or exhibits must ensure the programs, projects, or exhibits are able to tour in their own region as well as all other regions of the state.


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(h) Any unencumbered balance remaining under this section in the first year does not cancel, but is available for the second year of the biennium.

 

Subd. 4.  Minnesota Historical Society

 

15,995,000

 

16,415,000

 

(a) These amounts are appropriated to the governing board of the Minnesota Historical Society to preserve and enhance access to Minnesota's history and its cultural and historical resources.  Grant agreements entered into by the Minnesota Historical Society and other recipients of appropriations in this subdivision must ensure that these funds are used to supplement and not substitute for traditional sources of funding.  Funds directly appropriated to the Minnesota Historical Society must be used to supplement and not substitute for traditional sources of funding.  Notwithstanding Minnesota Statutes, section 16A.28, for historic preservation projects that improve historic structures, the amounts are available until June 30, 2019.  The Minnesota Historical Society or grant recipients of the Minnesota Historical Society using arts and cultural heritage funds under this subdivision must give consideration to Conservation Corps Minnesota and Northern Bedrock Conservation Corps, or an organization carrying out similar work, for projects with the potential to need historic preservation services.

 

(b) Historical Grants and Programs

 

 

 

 

 

(1) Statewide Historic and Cultural Grants

 

 

 

 

 

$5,600,000 the first year and $6,000,000 the second year are for history programs and projects operated or conducted by or through local, county, regional, or other historical or cultural organizations or for activities to preserve significant historic and cultural resources.  Funds are to be distributed through a competitive grant process.  The Minnesota Historical Society shall administer these funds using established grant mechanisms, with assistance from the advisory committee created under Laws 2009, chapter 172, article 4, section 2, subdivision 4, paragraph (b), item (ii).  Notwithstanding these guidelines, the historical society and the advisory committee may consider a grant to the Gunflint Trail Historical Society for the Chik-Wauk Museum.

 

(2) Programs

 

 

 

 

 

$5,660,000 the first year and $6,000,000 the second year are for programs and purposes related to the historical and cultural heritage of the state of Minnesota, conducted by the Minnesota Historical Society.  Of the amount in this paragraph, $60,000 the first year is for the Minnesota Historical Society to develop a museum installation celebrating the legacy of Minnesota disability culture.  The Minnesota Historical Society shall collaborate with


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the Minnesota State Council on Disability to create the museum installation and may use the funding to promote the exhibit and increase access to the exhibit.

 

(3) History Partnerships

 

 

 

 

 

$2,300,000 the first year and $2,340,000 the second year are for partnerships involving multiple organizations, which may include the Minnesota Historical Society, to preserve and enhance access to Minnesota's history and cultural heritage in all regions of the state.

 

(4) Statewide Survey of Historical and Archaeological Sites

 

 

 

 

 

$280,000 the first year and $300,000 the second year are for a contract or contracts to be awarded on a competitive basis to conduct statewide surveys of Minnesota's sites of historical, archaeological, and cultural significance.  Results of the surveys must be published in a searchable form and available to the public on a cost-free basis.  The Minnesota Historical Society, the Office of the State Archaeologist, and the Indian Affairs Council shall each appoint a representative to an oversight board to select contractors and direct the conduct of the surveys.  The oversight board shall consult with the Departments of Transportation and Natural Resources.

 

(5) Digital Library

 

 

 

 

 

$280,000 the first year and $300,000 the second year are for a digital library project to preserve, digitize, and share Minnesota images, documents, and historical materials.  The Minnesota Historical Society shall cooperate with the Minitex interlibrary loan system and shall jointly share this appropriation for these purposes.

 

(6) Historic Recognition Grants Program

 

 

 

 

 

$1,875,000 the first year and $1,475,000 the second year are for a competitive grants program to provide grants for projects that preserve, recognize, and promote the historic legacy of Minnesota.  Grants may be awarded to projects that honor the history of Minnesota, including but not limited to:  projects to build or design exhibits; artistic productions including film, television, and music; education presentations; and commemorative events.

 

Subd. 5.  Department of Education

 

1,500,000

 

2,500,000

 

These amounts are appropriated to the commissioner of education for grants to the 12 Minnesota regional library systems to provide educational opportunities in the arts, history, literary arts, and cultural heritage of Minnesota.  These funds must be allocated


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using the formulas in Minnesota Statutes, section 134.355, subdivisions 3, 4, and 5, with the remaining 25 percent to be distributed to all qualifying systems in an amount proportionate to the number of qualifying system entities in each system.  For purposes of this subdivision, "qualifying system entity" means a public library, a regional library system, a regional library system headquarters, a county, or an outreach service program.  These funds may be used to sponsor programs provided by regional libraries or to provide grants to local arts and cultural heritage programs for programs in partnership with regional libraries.  These funds must be distributed in ten equal payments per year.  Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2017, as grants or contracts in this subdivision are available until June 30, 2019.

 

Subd. 6.  Department of Administration

 

9,172,000

 

8,643,000

 

(a) These amounts are appropriated to the commissioner of administration for grants to the named organizations for the purposes specified in this subdivision.  Up to one percent of funds may be used by the commissioner for grants administration.

 

(b) Grant agreements entered into by the commissioner and recipients of appropriations under this subdivision must ensure that money appropriated in this subdivision is used to supplement and not substitute for traditional sources of funding.

 

(c) Veterans Rest Camp

 

 

 

 

 

$113,000 the first year is for the Disabled Veterans Rest Camp Association for the veterans rest camp on Big Marine Lake for parks, trails, and recreation areas.

 

(d) Minnesota Public Radio

 

 

 

 

 

$1,417,000 each year is for Minnesota Public Radio to create programming and expand news service on Minnesota's cultural heritage and history.

 

(e) Association of Minnesota Public Educational Radio Stations

 

 

 

 

 

$1,417,000 each year is appropriated for a grant to the Association of Minnesota Public Educational Radio Stations for production and acquisition grants in accordance with Minnesota Statutes, section 129D.19.

 

(f) Public Television

 

 

 

 

 

$3,000,000 the first year and $3,834,000 the second year are for grants to the Minnesota Public Television Association for production and acquisition grants according to Minnesota Statutes, section 129D.18. 


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(g) Wilderness Inquiry

 

 

 

 

 

$250,000 each year is for grants to Wilderness Inquiry to preserve Minnesota's outdoor history, culture, and heritage by connecting Minnesota youth to natural resources.

 

(h) Como Park Zoo

 

 

 

 

 

$1,125,000 each year is for the Como Park Zoo for program development that features education programs and habitat enhancement, special exhibits, music appreciation programs, and historical garden access and preservation. 

 

(i) Science Museum of Minnesota

 

 

 

 

 

$600,000 each year is for arts, arts education, and arts access and to preserve Minnesota's history and cultural heritage, including student and teacher outreach and expansion of the museum's American Indian initiatives programs.

 

(j) Lake Superior Center Authority

 

 

 

 

 

$250,000 the first year is for development, preparation, and construction of an exhibit on the unsalted seas to preserve Minnesota's history and cultural heritage related to fresh water lakes.

 

(k) Capitol Art Preservation

 

 

 

 

 

$1,000,000 the first year is for restoration and preservation of the fine art located in the State Capitol complex.

 

Subd. 7.  Minnesota Zoo

 

1,125,000

 

1,125,000

 

These amounts are appropriated to the Minnesota Zoological Board for programs and development of the Minnesota Zoological Garden and to provide access and education related to programs on the cultural heritage of Minnesota.

 

Subd. 8.  Minnesota Humanities Center

 

2,850,000

 

2,850,000

 

(a) These amounts are appropriated to the Board of Directors of the Minnesota Humanities Center for the purposes specified in this subdivision.  The Minnesota Humanities Center may use a portion of the following grants to cover the cost of administering, planning, evaluating, and reporting these grants.

 

(b) Programs and Purposes

 

 

 

 

 

$825,000 each year is for programs and purposes of the Minnesota Humanities Center.  Of this amount, $100,000 each year may be used for the veterans' voices program.


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The Minnesota Humanities Center may consider museums and organizations celebrating the identities of Minnesotans for grants from these funds.  The Minnesota Humanities Center may develop a written plan to competitively issue these grants and, if a plan is developed, shall submit the plan for review and approval by the Department of Administration.

 

(c) Heritage Grants Program

 

 

 

 

 

$900,000 each year is for a competitive grants program to provide grants to preserve and promote the cultural heritage of Minnesota.

 

The Minnesota Humanities Center shall operate a competitive grants program to provide grants for programs, including but not limited to:  music, film, television, radio, recreation, or the design and use of public spaces that preserves and honors the cultural heritage of Minnesota.  Grants made under this paragraph must not be used for travel costs inside or outside of the state.

 

(d) Children's Museum Grants

 

 

 

 

 

$875,000 each year is for arts and cultural heritage grants to children's museums.

 

Of this amount, $500,000 each year is for the Minnesota Children's Museum, including the Minnesota Children's Museum in Rochester; $125,000 each year is for the Duluth Children's Museum; $125,000 each year is for the Grand Rapids Children's Museum; and $125,000 each year is for the Southern Minnesota Children's Museum.

 

(e) Civics Programs

 

 

 

 

 

$150,000 each year is for grants to Kids Voting St. Paul, the Learning Law and Democracy Foundation, and YMCA Youth in Government to conduct civics education programs for the civic and cultural development of Minnesota youth.  Civics education is the study of constitutional principles and the democratic foundation of our national, state, and local institutions and the study of political processes and structures of government, grounded in the understanding of constitutional government under the rule of law.

 

(f) Ka Joog Fanka Program

 

 

 

 

 

$100,000 each year is for a grant to Ka Joog for the Fanka Program to provide arts education and workshops, mentor programs, and community engagement events throughout Minnesota.


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Subd. 9.  Perpich Center for Arts Education

 

500,000

 

500,000

 

(a) These amounts are appropriated to the Board of Directors of the Perpich Center for Arts Education for the programs under paragraph (c).

 

(b) Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered on or before June 30, 2017, are available until June 30, 2019.

 

(c) Arts Integration and Turnaround Arts Programs

 

 

 

 

 

$500,000 the first year and $500,000 the second year are for the arts integration program and Turnaround Arts programs to assist schools and programs throughout the state.

 

Subd. 10.  Indian Affairs Council

 

1,325,000

 

1,325,000

 

(a) $1,250,000 each year is for the Indian Affairs Council to provide grants to preserve Dakota and Ojibwe Indian language and to foster education programs and immersion programs in Dakota and Ojibwe language.

 

(b) $75,000 each year is for the Indian Affairs Council to carry out responsibilities under Minnesota Statutes, section 307.08, to comply with Public Law 101-601, the Native American Graves Protection and Repatriation Act, and to develop an osteology laboratory and repository for American Indian human remains.

 

Subd. 11.  Board of Regents

 

125,000

 

125,000

 

This amount is appropriated to the Board of Regents of the University of Minnesota for a grant to the Bell Museum of Natural History for the planetarium network and portable planetarium program.  This appropriation must not be used for the purchase of motor vehicles.

 

Subd. 12.  Legislature

 

400,000

 

400,000

 

This amount is appropriated to the Legislative Coordinating Commission to operate the Web site for dedicated funds required under Minnesota Statutes, section 3.303, subdivision 10.

 

Subd. 13.  Disability Access

 

 

 

 

 

Where appropriate, grant recipients of arts and cultural heritage funds, in consultation with the Council on Disability, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this section.


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Sec. 3.  Laws 2014, chapter 295, section 10, subdivision 12, is amended to read:

 

Subd. 12.  St. Paul - Minnesota Children's Museum

 

 

 

7,485,000

 

For a grant to the city of St. Paul to predesign, design, construct, furnish, and equip an expansion and renovation of the Minnesota Children's Museum.  The expansion and exhibit upgrades should incorporate the latest research on early learning, allow for new state-of-the art education facilities, and increase the capacity of visitors to galleries and programming areas.  This appropriation is not available until the commissioner of management and budget has determined that at least an equal amount $4,000,000 has been committed from nonstate sources.  Amounts expended for this project by nonstate sources since October 1, 2010, shall count toward the nonstate match.

 

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

 

ARTICLE 5

GENERAL PROVISIONS; ALL LEGACY FUNDS

 

Section 1.  Minnesota Statutes 2014, section 16B.24, is amended by adding a subdivision to read:

 

Subd. 12.  State band.  The commissioner must provide free rehearsal and storage space in the same building in the Capitol Area to an entity known as the Minnesota State Band, which is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code.

 

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

 

Sec. 2.  Minnesota Statutes 2014, section 85.53, subdivision 2, is amended to read:

 

Subd. 2.  Expenditures; accountability.  (a) A project or program receiving funding from the parks and trails fund must meet or exceed the constitutional requirement to support parks and trails of regional or statewide significance.  A project or program receiving funding from the parks and trails fund must include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the results.  A project or program must be consistent with current science and incorporate state-of-the-art technology, except when the project or program is a portrayal or restoration of historical significance.

 

(b) Money from the parks and trails fund shall be expended to balance the benefits across all regions and residents of the state.

 

(c) A state agency or other recipient of a direct appropriation from the parks and trails fund must compile and submit all information for funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first.  The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available.

 

(d) Grants funded by the parks and trails fund must be implemented according to section 16B.98 and must account for all expenditures.  Proposals must specify a process for any regranting envisioned.  Priority for grant proposals must be given to proposals involving grants that will be competitively awarded.


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(e) Money from the parks and trails fund may only be spent on projects located in Minnesota.

 

(f) When practicable, a direct recipient of an appropriation from the parks and trails fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information."  When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.

 

(g) Future eligibility for money from the parks and trails fund is contingent upon a state agency or other recipient satisfying all applicable requirements in this section, as well as any additional requirements contained in applicable session law.  If the Office of the Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient of money from the parks and trails fund has not complied with the laws, rules, or regulations in this section or other laws applicable to the recipient, the recipient must be listed in an annual report to the legislative committees with jurisdiction over the legacy funds.  The list must be publicly available.  The legislative auditor shall remove a recipient from the list upon determination that the recipient is in compliance.  A recipient on the list is not eligible for future funding from the parks and trails fund until the recipient demonstrates compliance to the legislative auditor.

 

Sec. 3.  Minnesota Statutes 2014, section 97A.056, subdivision 11, is amended to read:

 

Subd. 11.  Recipient requirements.  (a) A state agency or other recipient of a direct appropriation from the outdoor heritage fund must compile and submit all information for funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first.  The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available.

 

(b) When practicable, a direct recipient of an appropriation from the outdoor heritage fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information."  When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.

 

(c) Future eligibility for money from the outdoor heritage fund is contingent upon a state agency or other recipient satisfying all applicable requirements in this section, as well as any additional requirements contained in applicable session law.  If the Office of the Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient of money from the outdoor heritage fund has not complied with the laws, rules, or regulations in this section or other laws applicable to the recipient, the recipient must be listed in an annual report to the legislative committees with jurisdiction over the legacy funds.  The list must be publicly available.  The legislative auditor shall remove a recipient from the list upon determination that the recipient is in compliance.  A recipient on the list is not eligible for future funding from the outdoor heritage fund until the recipient demonstrates compliance to the legislative auditor.

 

Sec. 4.  Minnesota Statutes 2014, section 114D.50, subdivision 4, is amended to read:

 

Subd. 4.  Expenditures; accountability.  (a) A project receiving funding from the clean water fund must meet or exceed the constitutional requirements to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater and drinking water from degradation.  Priority may be given to projects that meet more than one of these requirements.  A project receiving funding from the clean water fund shall include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the results.  A project must be consistent with current science and incorporate state-of-the-art technology.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2367

(b) Money from the clean water fund shall be expended to balance the benefits across all regions and residents of the state.

 

(c) A state agency or other recipient of a direct appropriation from the clean water fund must compile and submit all information for proposed and funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first.  The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available.  Information classified as not public under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on the Web site.

 

(d) Grants funded by the clean water fund must be implemented according to section 16B.98 and must account for all expenditures.  Proposals must specify a process for any regranting envisioned.  Priority for grant proposals must be given to proposals involving grants that will be competitively awarded.

 

(e) Money from the clean water fund may only be spent on projects that benefit Minnesota waters.

 

(f) When practicable, a direct recipient of an appropriation from the clean water fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information."  When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.

 

(g) Future eligibility for money from the clean water fund is contingent upon a state agency or other recipient satisfying all applicable requirements in this section, as well as any additional requirements contained in applicable session law.  If the Office of the Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient of money from the clean water fund has not complied with the laws, rules, or regulations in this section or other laws applicable to the recipient, the recipient must be listed in an annual report to the legislative committees with jurisdiction over the legacy funds.  The list must be publicly available.  The legislative auditor shall remove a recipient from the list upon determination that the recipient is in compliance.  A recipient on the list is not eligible for future funding from the clean water fund until the recipient demonstrates compliance to the legislative auditor.

 

(h) Money from the clean water fund may be used to leverage federal funds through execution of formal project partnership agreements with federal agencies consistent with respective federal agency partnership agreement requirements.

 

Sec. 5.  Minnesota Statutes 2014, section 129D.17, subdivision 2, is amended to read:

 

Subd. 2.  Expenditures; accountability.  (a) Funding from the arts and cultural heritage fund may be spent only for arts, arts education, and arts access, and to preserve Minnesota's history and cultural heritage.  A project or program receiving funding from the arts and cultural heritage fund must include measurable outcomes, and a plan for measuring and evaluating the results.  A project or program must be consistent with current scholarship, or best practices, when appropriate and must incorporate state-of-the-art technology when appropriate.

 

(b) Funding from the arts and cultural heritage fund may be granted for an entire project or for part of a project so long as the recipient provides a description and cost for the entire project and can demonstrate that it has adequate resources to ensure that the entire project will be completed.

 

(c) Money from the arts and cultural heritage fund shall be expended for benefits across all regions and residents of the state.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2368

(d) A state agency or other recipient of a direct appropriation from the arts and cultural heritage fund must compile and submit all information for funded projects or programs, including the proposed measurable outcomes and all other items required under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first.  The Legislative Coordinating Commission must post submitted information on the Web site required under section 3.303, subdivision 10, as soon as it becomes available.

 

(e) Grants funded by the arts and cultural heritage fund must be implemented according to section 16B.98 and must account for all expenditures of funds.  Priority for grant proposals must be given to proposals involving grants that will be competitively awarded.

 

(f) All money from the arts and cultural heritage fund must be for projects located in Minnesota.

 

(g) When practicable, a direct recipient of an appropriation from the arts and cultural heritage fund shall prominently display on the recipient's Web site home page the legacy logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information."  When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10.

 

(h) Future eligibility for money from the arts and cultural heritage fund is contingent upon a state agency or other recipient satisfying all applicable requirements in this section, as well as any additional requirements contained in applicable session law.  If the Office of the Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient of money from the arts and cultural heritage fund has not complied with the laws, rules, or regulations in this section or other laws applicable to the recipient, the recipient must be listed in an annual report to the legislative committees with jurisdiction over the legacy funds.  The list must be publicly available.  The legislative auditor shall remove a recipient from the list upon determination that the recipient is in compliance.  A recipient on the list is not eligible for future funding from the arts and cultural heritage fund until the recipient demonstrates compliance to the legislative auditor."

 

Delete the title and insert:

 

"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; establishing policy on milkweed; modifying provisions of Lessard-Sams Outdoor Heritage Council and Clean Water Council; modifying Water Law; modifying use of legacy funds; modifying previous appropriations; modifying certain grant eligibility; requiring a report; amending Minnesota Statutes 2014, sections 16B.24, by adding a subdivision; 85.53, subdivision 2; 97A.056, subdivisions 2, 8, 11, by adding subdivisions; 103A.206; 103B.101, by adding a subdivision; 103C.101, by adding a subdivision; 103C.401, subdivision 1; 103C.501, subdivision 5; 114D.30, subdivision 2; 114D.50, subdivision 4; 129D.17, subdivision 2; Laws 2012, chapter 264, article 1, section 2, subdivision 5; Laws 2013, chapter 137, article 2, section 6; article 3, section 4; Laws 2014, chapter 256, article 1, section 2, subdivision 5; Laws 2014, chapter 295, section 10, subdivision 12; proposing coding for new law in Minnesota Statutes, chapters 84; 103B."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2369

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

 

H. F. No. 621, A bill for an act relating to capital investment; modifying and correcting appropriations of general obligation bond proceeds; amending Laws 2014, chapter 294, article 1, sections 4, subdivision 3; 15, subdivision 2; 18, subdivision 4; 21, subdivision 10.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Page 2, line 20, strike "12600 Ravine Parkway" and insert "8641 80th Street South"

 

Page 2, strike line 24

 

Page 2, line 25, strike "Colleges and Universities" and insert "the city of Woodbury"

 

Page 4, after line 5, insert:

 

"Sec. 4.  Laws 2014, chapter 294, article 1, section 21, subdivision 16, is amended to read:

 

Subd. 16.  Red Wing - River Renaissance

 

 

 

1,560,000

 

For a grant to the city of Red Wing for improvements of a capital nature to the area between Levee Road and the Mississippi River, extending between Bay Point Drive and Broad Street in Red Wing.  This project includes:  reconstruction of Levee Road from Broad Street to Jackson Street; improvements to storm water, sanitary sewer, and drinking water infrastructure; partial replacement
of a harbor retaining wall; parking improvements; lighting
improvements; and construction of a segment of the Riverwalk Trail.  This grant is not available until the commissioner of management and budget determines that an equal amount sufficient to complete the project is committed to it from nonstate sources. 

 

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

 

Sec. 5.  Laws 2014, chapter 295, section 10, subdivision 12, is amended to read:

 

Subd. 12.  St. Paul - Minnesota Children's Museum

 

 

 

7,485,000

 

For a grant to the city of St. Paul to predesign, design, construct, furnish, and equip an expansion and renovation of the Minnesota Children's Museum.  The expansion and exhibit upgrades should incorporate the latest research on early learning, allow for new state-of-the art education facilities, and increase the capacity of visitors to galleries and programming areas.  This appropriation is not available until the commissioner of management and budget has determined that at least an equal amount $4,000,000 has been committed from nonstate sources.  Amounts expended for this project by nonstate sources since October 1, 2010, shall count toward the nonstate match.

 

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


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2370

Sec. 6.  WEST METRO EDUCATION PROGRAM; PROPERTY CONVEYANCE.

 

Subdivision 1.  FAIR School downtown.  Notwithstanding the appropriations of state general obligation bond proceeds in Laws 1994, chapter 643, section 14, subdivision 7, and Laws 1998, chapter 404, section 5, subdivision 5, as amended by Laws 1999, chapter 241, article 4, section 20; and the appropriation of general fund money in Laws 1997, First Special Session chapter 4, article 2, section 51, subdivision 13, to Joint Powers District No. 6069, West Metro Education Program, to acquire and better the FAIR School downtown in Minneapolis, the real and personal property of the FAIR School downtown may be conveyed to Special School District No. 1, Minneapolis, for operation of a multidistrict integration facility that serves students in any grade from early education through grade 12.

 

Subd. 2.  FAIR School Crystal.  Notwithstanding the appropriation of state general obligation bond proceeds in Laws 1998, chapter 404, section 5, subdivision 5, as amended by Laws 1999, chapter 241, article 4, section 20; and the appropriation of general fund money in Laws 1997, First Special Session chapter 4, article 2, section 51, subdivision 13, and Laws 2000, chapter 492, article 1, section 5, subdivision 2, to Joint Powers District No. 6069, West Metro Education Program, to acquire and better the FAIR School Crystal in Crystal, the real and personal property of the FAIR School Crystal may be conveyed to Independent School District No. 281, Robbinsdale, for operation of a multidistrict integration facility that serves students in any grade from early education through grade 12.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 3, after the semicolon, insert "providing for conveyance of state bond-financed property;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 622, A bill for an act relating to capital investment; appropriating money for higher education asset preservation and replacement (HEAPR) at the University of Minnesota and Minnesota State Colleges and Universities; authorizing the sale and issuance of state bonds.

 

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

 

      The report was adopted.

 

 

Davids from the Committee on Taxes to which was referred:

 

H. F. No. 844, A bill for an act relating to education; providing for funding and policy in early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, standards and assessments, charter schools, special education, facilities and technology, nutrition and accounting, libraries,


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2371

early childhood education, prevention, self-sufficiency and lifelong learning, state agencies, and forecast adjustments; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 5A.03; 16A.103, subdivision 1c; 120A.41; 120B.02, subdivision 2; 120B.021, subdivision 4; 120B.022, subdivisions 1, 1a, 1b; 120B.024, subdivision 2; 120B.11, subdivision 1a; 120B.12, subdivision 4a; 120B.125; 120B.13, subdivision 4; 120B.30, subdivisions 1, 1a, 3; 120B.31, subdivision 4; 120B.36, subdivision 1; 121A.17, subdivision 5; 122A.09, subdivision 4, by adding subdivisions; 122A.14, subdivisions 3, 9, by adding a subdivision; 122A.18, subdivisions 2, 7c, 8; 122A.20, subdivision 1; 122A.21, subdivisions 1, 2; 122A.23; 122A.245, subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.31, subdivisions 1, 2; 122A.40, subdivisions 5, 8, 10, 11, 13; 122A.41, subdivisions 2, 5, 6, 14; 122A.414, subdivision 2; 122A.60; 122A.61, subdivision 1; 122A.69; 122A.70, subdivision 1; 123A.24, subdivision 1; 123A.75, subdivision 1; 123B.045; 123B.59, subdivisions 6, 7; 123B.77, subdivision 3; 123B.88, subdivision 1, by adding a subdivision; 124D.041, subdivisions 1, 2; 124D.09, subdivisions 5, 5a, 8, 9, 12; 124D.091, subdivision 1; 124D.10, subdivisions 1, 3, 4, 8, 9, 12, 14, 16, 23, by adding a subdivision; 124D.11, subdivisions 1, 9; 124D.121; 124D.122; 124D.126, subdivision 1; 124D.127; 124D.128, subdivision 1; 124D.13; 124D.135; 124D.16; 124D.165; 124D.531, subdivisions 1, 2, 3; 124D.73, subdivisions 3, 4; 124D.74, subdivisions 1, 3, 6; 124D.75, subdivisions 1, 3, 9; 124D.76; 124D.78; 124D.79, subdivisions 1, 2; 124D.791, subdivision 4; 124D.861; 124D.862; 125A.01; 125A.023, subdivisions 3, 4; 125A.027; 125A.03; 125A.08; 125A.085; 125A.0942, subdivision 3; 125A.21; 125A.28; 125A.63, subdivisions 2, 3, 4, 5; 125A.75, subdivision 9; 125A.76, subdivisions 1, 2c; 125B.26, subdivision 2; 126C.10, subdivisions 1, 2, 2a, 2e, 3, 13a, 18, 24; 126C.13, subdivision 4; 126C.15, subdivisions 1, 2, 3; 126C.17, subdivisions 1, 2; 127A.05, subdivision 6; 127A.49, subdivision 1; 134.355, subdivisions 8, 9, 10; 135A.101, by adding a subdivision; 179A.20, by adding a subdivision; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, as amended, 3, as amended, 4, as amended, 5, as amended, 6, as amended, 7, as amended, 11, as amended; article 3, section 37, subdivisions 3, as amended, 4, as amended, 5, as amended, 20, as amended; article 4, section 9, subdivision 2, as amended; article 5, section 31, subdivisions 2, as amended, 3, as amended, 4, as amended; article 6, section 12, subdivisions 2, as amended, 6, as amended; article 7, sections 19; 21, subdivisions 2, as amended, 3, as amended, 4, as amended; article 8, section 5, subdivisions 3, as amended, 4, as amended, 14, as amended; Laws 2014, chapter 312, article 16, section 15; proposing coding for new law in Minnesota Statutes, chapters 119A; 122A; 124D; 125A; repealing Minnesota Statutes 2014, sections 120B.128; 122A.40, subdivision 11; 125A.63, subdivision 1; 126C.12, subdivision 6; 126C.13, subdivisions 3a, 3b, 3c; 126C.41, subdivision 1; Minnesota Rules, part 3500.1000.

 

Reported the same back with the following amendments:

 

Page 6, line 4, delete "2017" and insert "2016"

 

Page 14, line 6, delete "6,546,760,000" and insert "6,546,771,000"

 

Page 14, line 8, delete "$5,923,852,000" and insert "$5,923,863,000"

 

Page 83, line 26, delete "65,539,000" and insert "62,622,000"

 

Page 83, line 27, delete "68,745,000" and insert "65,484,000"

 

Page 83, line 28, delete "$59,157,000" and insert "$56,240,000"

 

Page 83, line 29, delete "$6,573,000" and insert "$6,249,000" and delete "$62,172,000" and insert "$59,235,000"

 

Page 84, line 25, delete "2,166,000" and insert "2,157,000"

 

Page 84, line 26, delete "2,295,000" and insert "2,273,000"

 

Page 84, line 27, delete "$1,962,000" and insert "$1,953,000"


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Page 84, line 28, delete "$218,000" and insert "$216,000" and delete "$2,077,000" and insert "$2,057,000"

 

Page 88, after line 14, insert:

 

"Subd. 21.  Cancellation; site decision-making grant.  All unspent funds, estimated at $200,000 for the site decision-making grant program appropriation under Laws 2013, chapter 116, article 3, section 37, subdivision 19, are canceled to the general fund on June 30, 2015.

 

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

 

Page 150, after line 26, insert:

 

"Subd. 7.  Cancellation; IT certificates.  All unspent funds, estimated at $299,000 for the information technology certificate partnership appropriation under Laws 2014, chapter 312, article 16, section 16, subdivision 5, are canceled to the general fund on June 30, 2015.

 

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

 

 

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

 

      The report was adopted.

 

 

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

 

H. F. No. 2193, A bill for an act relating to workers' compensation; adopting recommendations of the workers' compensation advisory council regarding inpatient hospital payments; authorizing rulemaking; requiring a report; amending Minnesota Statutes 2014, section 176.136, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 176.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 621 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Petersburg introduced:

 

H. F. No. 2249, A bill for an act relating to state government; authorizing placement of a plaque or marker on the Capitol grounds to honor workers who constructed the Capitol building; appropriating money.

 

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


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Johnson, S., introduced:

 

H. F. No. 2250, A bill for an act relating to workers' compensation; modifying trucking and messenger/courier industries; amending Minnesota Statutes 2014, section 176.043.

 

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

 

 

Hoppe introduced:

 

H. F. No. 2251, A bill for an act relating to court fees; amending the fee to renew a judgment on consumer credit transactions; amending Minnesota Statutes 2014, section 357.021, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.

 

 

Howe introduced:

 

H. F. No. 2252, A bill for an act relating to transportation; capital investment; appropriating money for construction of a roundabout in the city of Cold Spring; authorizing the sale and issuance of state bonds.

 

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

 

 

Barrett introduced:

 

H. F. No. 2253, A bill for an act relating to transportation; appropriating money to reconstruct and expand marked U.S. Highway 8 in Chisago County.

 

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

 

 

Barrett introduced:

 

H. F. No. 2254, A bill for an act relating to transportation; capital investment; appropriating money to reconstruct and expand a segment of marked U.S. Highway 8 in Chisago County; authorizing the sale and issuance of state bonds.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

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

 

S. F. No. 888.

 

JoAnne M. Zoff, Secretary of the Senate


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2374

FIRST READING OF SENATE BILLS

 

 

S. F. No. 888, A bill for an act relating to the operation of state government; appropriating money for the legislature, governor's office, state auditor, attorney general, secretary of state, certain agencies, boards, councils, retirement funds, military affairs and veterans affairs, and senate building; cancellation of certain appropriations; transferring money to the budget reserve; allowing prepay for certain software and information technology hosting services; limiting a fee or fine increase to ten percent in a biennium; providing reimbursement for reasonable accommodation; modifying grant agreement provisions; making changes to guaranteed energy-savings program, small business requirements, and targeted group businesses; changing certain requirements for the practice of cosmetology; assessing certain costs for Office of Administrative Hearings; changing a rehabilitation or renovation grant from the Minnesota Amateur Sports Commission; changing or establishing certain fees; limiting fire sprinkler requirement in certain dwellings; modifying certain filing requirements for corporations; modifying provisions for accountants; requiring a licensee of the residential trades to give an option to install fire sprinklers; modifying debt service provision for the legislative parking garage; requiring the same room numbers on signage in the Capitol to identify legacy rooms; providing in-lieu of rent evaluation; prohibiting state funds, tax expenditures, or state indebtedness to fund a major league soccer stadium; making changes to provisions for military and veterans affairs; changing provisions covering pari-mutuel horse racing; modifying provisions for cigarette and tobacco license; providing civil penalties; requiring reports; amending Minnesota Statutes 2014, sections 3.8843, subdivision 5; 16A.065; 16A.1283; 16B.97, subdivision 1; 16B.98, subdivisions 1, 11; 16C.144; 16C.16, subdivision 2, by adding a subdivision; 16C.19; 155A.21; 155A.23, subdivision 8, by adding subdivisions; 155A.24, subdivision 2; 155A.25, subdivisions 1a, 5, by adding subdivisions; 155A.27, subdivisions 1, 2, 5a; 155A.271; 155A.29, subdivisions 1, 2, by adding a subdivision; 155A.30, subdivisions 5, 10; 161.1419, subdivision 8; 190.16, by adding a subdivision; 190.19, subdivisions 2a, 3; 192.26, by adding a subdivision; 192.38, subdivision 1; 192.501, by adding a subdivision; 197.133; 198.03, subdivisions 2, 3; 211B.37; 240.01, subdivision 22, by adding subdivisions; 240.011; 240.03; 240.08, subdivisions 2, 4, 5; 240.10; 240.13, subdivisions 5, 6; 240.135; 240.15, subdivisions 1, 6; 240.16, subdivision 1; 240.22; 240.23; 240A.09; 270C.722, subdivision 1; 270C.728, by adding a subdivision; 272.484; 297F.01, subdivision 14; 297F.03, subdivisions 5, 6; 297F.04, subdivision 1; 297F.13, subdivision 4; 297F.19, by adding a subdivision; 297F.20, by adding subdivisions; 297F.21, subdivision 1; 299F.011, by adding a subdivision; 303.19; 304A.301, subdivisions 1, 5, 6, by adding a subdivision; 326A.01, subdivisions 2, 12, 13a, 15, 16; 326A.02, subdivisions 3, 5; 326A.05, subdivisions 1, 3; 326A.08, subdivision 7; 326A.10; 326B.809; 336A.09, subdivision 1; 364.09; 461.12, subdivision 8; Laws 2013, chapter 142, article 1, section 10; Laws 2014, chapter 287, section 25; proposing coding for new law in Minnesota Statutes, chapters 3; 16B; 297F; repealing Minnesota Statutes 2014, sections 155A.23, subdivision 6; 197.131; 197.132; 240.01, subdivisions 12, 23; 297F.185.

 

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

 

 

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

 

 

RECESS

 

 

RECONVENED

 

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

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 4 was reported to the House.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2375

Kelly moved to amend H. F. No. 4, the second engrossment, as follows:

 

Page 2, line 28, delete "2,869,033,000" and insert "2,861,533,000"

 

Page 2, line 35, delete "2,032,000" and insert "2,532,000"

 

Page 6, after line 7, insert:

 

"$250,000 in the first year is for the interchange safety improvement study under article 3, section 60.

 

$266,000 in each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area.

 

$900,000 in each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues.  These grants are available:  (1) to regional development commissions; (2) in regions where no regional development commission is functioning, to joint powers boards established under an agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and (3) in regions where no regional development commission or joint powers board is functioning, to the department's district office for that region."

 

Page 6, delete lines 15 to 17 and 21 to 33

 

Page 7, delete lines 1 to 5 and 17 to 22

 

Page 8, after line 24, insert:

 

"An amount up to the unexpended balance in the appropriation under Laws 2012, First Special Session chapter 1, article 1, section 4, subdivision 3, is available for the purposes stated in Minnesota Statutes, section 12A.16, subdivision 2."

 

Page 32, line 11, after "for the" insert "operations and maintenance and" and delete "activity" and insert "activities within the state roads budgetary program"

 

Page 32, line 14, delete "allocated for" and insert "forecasted for the operations and maintenance and" and before the period, insert "budget activities"

 

Page 45, line 5, delete "unappropriated reserves" and insert "reserved fund balance"

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2376

           Kelly moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 2, line 33, delete "768,152,000" and insert "786,152,000"

 

Page 9, line 30, delete "768,152,000" and insert "786,152,000"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Hornstein moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 46, after line 33, insert:

 

"Sec. 41.  [219.016] RAILROAD COMPANY ASSESSMENT; ACCOUNT; APPROPRIATION.

 

(a) As provided in this section, the commissioner shall annually assess railroad companies that are (1) defined as common carriers under section 218.011; (2) classified by federal law or regulation as Class I Railroads or Class I Rail Carriers; and (3) operating in this state.  The total assessment amount may not exceed $32,500,000 annually.

 

(b) The assessment must be by a division of the annual appropriation to the grade crossing safety improvement account in equal proportion between carriers based on route miles operated in Minnesota, assessed in equal amounts for 365 days of the calendar year.

 

(c) The assessments must be deposited in the rail grade crossing safety improvement account, which is created in the special revenue fund.  Money in the account is appropriated to the commissioner for the development, administration, and construction of highway-rail grade crossing improvements on rail corridors transporting crude oil, and other selected routes, including those carrying hazardous materials.  Improvements may include upgrades to existing protection systems, the closing of crossings and necessary roadwork, and reconstruction of at-grade crossings to full grade separations.  Funds in the account are available until expended."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

      On the motion of Thissen and on the demand of 10 members, a call of the House was ordered.  The following members answered to their names:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2377

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      All members answered to the call and it was so ordered.

 

 

      The question recurred on the Hornstein amendment and the roll was called.  There were 59 yeas and 73 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Atkins

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2378

Hornstein moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Pages 45 to 46, delete sections 37 to 40

 

Page 51, delete section 49

 

Page 52, delete section 51

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      Lesch was excused between the hours of 5:35 p.m. and 7:40 p.m.

 

 

      The question was taken on the Hornstein amendment and the roll was called.  There were 61 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Koznick

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Peterson

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2379

Atkins moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 39, line 4, after "(b)" insert "Except as provided in paragraph (c),"

 

Page 39, after line 6, insert:

 

"(c) Notwithstanding sections 169.89, subdivision 2; 609.02, subdivision 4a; or 609.0331, a person who is convicted of:

 

(1) a second violation under this section within the 12-month period immediately following a first offense must pay a fine of $350; and

 

(2) a third or subsequent violation under this section within the 12-month period immediately following a second or subsequent offense must pay a fine of $500.

 

(d) A court may impound for up to 30 days the wireless communications device owned by a person subject to paragraph (c), clause (2)."

 

 

      A roll call was requested and properly seconded.

 

 

Drazkowski moved to amend the Atkins amendment to H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 1, after line 1, insert:

 

"Page 39, line 1, after "motor vehicle" insert "or bicycle"

 

Page 39, line 3, after "vehicle" insert "or bicycle""

 

Page 1, line 10, delete "wireless communications device" and insert "motor vehicle or bicycle"

 

 

      A roll call was requested and properly seconded.

 

 

      The Speaker called Albright to the Chair.

 

 

      The question was taken on the Drazkowski amendment to the Atkins amendment and the roll was called.  There were 69 yeas and 62 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Atkins

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hoppe

Johnson, B.

Kelly

Kiel

Koznick

Kresha

Lohmer

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

McDonald


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2380

McNamara

Miller

Nash

Nelson

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Urdahl

Vogel

Whelan

Wills

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hertaus

Hilstrom

Hornstein

Hortman

Howe

Isaacson

Johnson, C.

Johnson, S.

Kahn

Knoblach

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Loon

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Newton

Norton

Pelowski

Persell

Peterson

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Uglem

Wagenius

Ward

Winkler

Yarusso

Youakim

Zerwas


 

 

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

 

 

      Atkins withdrew his amendment, as amended, to H. F. No. 4, the second engrossment, as amended.

 

 

      The Speaker resumed the Chair.

 

 

Bernardy moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 53, after line 11, insert:

 

"Sec. 56.  ENHANCED ORGANIZATIONAL EFFECTIVENESS AND INNOVATION REVIEW.

 

(a) A review and assessment of the department's organizational structure is required to enhance organizational effectiveness, encourage prudent allocation of resources, and deliver the greatest value to Minnesota.  This review and assessment shall be completed by a partnership that includes the Humphrey School of Public Affairs, Carlson School of Management, and the State Smart Transportation Initiative at the University of Wisconsin.

 

(b) A preliminary report of this review and assessment shall be submitted to the chairs and ranking minority members of the legislative committees having jurisdiction over transportation policy and finance by December 15, 2015, with the final report submitted by June 30, 2016.

 

(c) At a minimum, the review and assessment shall include:

 

(1) the relationship of each district, division, office, and section of the department to the state's transportation goals under Minnesota Statutes, section 174.01, the department's mission under Minnesota Statutes, section 174.02, the duties of the commissioner under Minnesota Statutes, section 174.03, and the annual performance targets under Minnesota Statutes, section 174.03, subdivision 12;

 

(2) the budget assigned to each district, division, office, and section of the department;


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2381

(3) the ratio of employees to supervisors in each district, division, office, and section of the department;

 

(4) recommendations identifying best practices, and comparisons with other state departments of transportation;

 

(5) recommendations regarding the appropriate ratio of employees to supervisors for the variety of activities performed by the department;

 

(6) recommendations regarding the appropriate increase in department operations resulting from increases in capital investments;

 

(7) recommendations regarding the appropriate fiscal responsibility assigned to construction inspectors and engineers;

 

(8) recommendations regarding the appropriate, fiscally constrained size of the trunk highway system; and

 

(9) recommendations regarding how to achieve the appropriate, fiscally constrained size of the trunk highway system.

 

EFFECTIVE DATE.  This section is effective July 1, 2015."

 

Renumber the sections in sequence

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

Bernardy moved to amend the Bernardy amendment to H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 1, after line 1, insert:

 

"Page 6, line 4, delete "30,079,000" and insert "30,379,000"

 

Page 6, after line 7, insert:

 

"$300,000 in fiscal year 2016 is for grants to implement the enhanced organizational effectiveness and innovation review under article 3, section 56.""

 

Correct the subdivision and section totals and the appropriations by fund

 

 

      A roll call was requested and properly seconded.

 

 

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

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2382

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Uglem

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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

 

 

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

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Uglem

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2383

Bernardy moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 44, after line 26, insert:

 

"Sec. 35.  Minnesota Statutes 2014, section 174.03, is amended by adding a subdivision to read:

 

Subd. 12.  Trunk highway system performance; stewardship and sustainability required.  (a) The commissioner shall develop a performance, stewardship, and sustainability plan for the trunk highway system to improve the condition of the existing infrastructure and enhance the effectiveness of the transportation system.

 

(b) The trunk highway system performance, stewardship, and sustainability plan shall include strategies to achieve the state transportation goals for the trunk highway system defined in section 174.01 and comply with all other applicable Minnesota and federal statutes.

 

(c) The trunk highway system performance, stewardship, and sustainability plan must include all transportation modes and all infrastructure assets within trunk highway corridor rights-of-way.  At a minimum, the plan shall include:

 

(1) quantity and quality of assets, including but not limited to bridge, pavement, geotechnical, pedestrian, bicycle, and transit assets;

 

(2) predictive and consequential measures of performance, stewardship, and sustainability, identified in consultation with the public;

 

(3) annual performance targets for each performance measure, to be achieved by each district of the department, which must comply with the following:

 

(i) state transportation goals defined in section 174.01 and all other applicable Minnesota and federal statutes;

 

(ii) United States Department of Transportation regulations under Code of Federal Regulations, title 23, part 490; and

 

(iii) additional performance targets identified in consultation with the public;

 

(4) identification and explanation of the performance gap between target and current status;

 

(5) life cycle, risk, and health impact assessments for projects in each district of the department, which at a minimum shall include:

 

(i) identification of the expected and potential material and energy inputs, including costs;

 

(ii) identification of the expected and potential material and energy outputs, including costs; and

 

(iii) assessment of the safety, health, economic, social, and environmental impacts associated with the inputs and outputs;

 

(6) an annual investment plan for each district of the department based on funding expected during the next ten years, which describes strategic investments that produce the best long-term value to Minnesota and enhance safety, health, mobility, and economic well-being; and


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2384

(7) a sustainability plan for each district of the department that recommends specific trunk highway segments to be removed from the trunk highway system and specific local road segments to be added to the trunk highway system, in order to optimize financial sustainability.  A sustainability plan under this clause must include a funding maintenance plan for the segments added to and removed from the trunk highway system.

 

(d) The commissioner shall submit the trunk highway system performance, stewardship, and sustainability plan, which shall be signed by a professional engineer licensed in Minnesota, to the chairs and ranking minority members of the legislative committees having jurisdiction over transportation policy and finance every year by December 15.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.  The initial performance, stewardship, and sustainability plan under this section is due December 15, 2016."

 

Renumber the sections in sequence and correct the internal references

 

 

      A roll call was requested and properly seconded.

 

 

Bernardy moved to amend the Bernardy amendment to H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 1, after line 1, insert:

 

"Page 6, line 4, delete "30,079,000" and insert "39,291,000"

 

Page 6, after line 7, insert:

 

"$9,212,000 in fiscal year 2016 is for the performance, stewardship, and sustainability plan under Minnesota Statutes, section 174.03, subdivision 12.  This appropriation is available in the second year.""

 

Correct the subdivision and section totals and the appropriations by fund

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Bernardy amendment to the Bernardy amendment and the roll was called.  There were 58 yeas and 73 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim



Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2385

           Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

Norton

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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

 

 

CALL OF THE HOUSE LIFTED

 

      Dean, M., moved that the call of the House be lifted.  The motion prevailed and it was so ordered.

 

 

      The question recurred on the Bernardy amendment and the roll was called.  There were 59 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2386

Kahn moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 55, after line 10, insert:

 

"Sec. 62.  NORTHSTAR COMMUTER RAIL EXTENSION STUDY.

 

The Metropolitan Council shall submit a report on extension of the Northstar commuter rail line from Big Lake to the St. Cloud area, to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance.  At a minimum, the report must summarize the project, identify cost estimates and potential funding sources, estimate impacts on ridership, and include a proposed timeline for implementation if the project is funded.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

 

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 Kahn amendment and the roll was called.  There were 59 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Knoblach

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Persell

Pinto

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Theis

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2387

           The Speaker called Garofalo to the Chair.

 

 

Melin moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 29, after line 4, insert:

 

"Sec. 6.  [16B.235] PUBLIC WORKS PROJECTS; USE AND SUPPLY OF AMERICAN STEEL PRODUCTS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "American steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more of these operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel-making process.

 

(c) "Public agency" includes:  (1) the state, or an agency, department, or institution of the state; and (2) any city or other municipal corporation, political subdivision, governmental unit, or public corporation created by or pursuant to state law.

 

(d) "Public funds" includes legislative appropriations and local or state tax revenue.

 

(e) "Public works" means a public structure, building, highway, waterway, street, bridge, transit system, airport, or other betterment, work, or improvement, whether of a permanent or temporary nature and whether for governmental or proprietary use.

 

Subd. 2.  Requirement.  A contract for the construction, reconstruction, alteration, repair, improvement, or maintenance of public works financed in whole or in part by public funds must contain a provision that all steel products used or supplied in the performance of the contract and any related subcontract must be American steel products.

 

Subd. 3.  Nonapplication.  This section does not apply if the public agency entering into the contract determines, in writing, that American steel products are not produced in, or available in, sufficient quantity to meet the requirements of the contract.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies to contracts entered into on and after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Melin offered an amendment to the Melin amendment to H. F. No. 4, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Kresha raised a point of order pursuant to section 401, paragraph 2, of "Mason's Manual of Legislative Procedure," relating to Frivolous and Improper Amendments.  Speaker pro tempore Garofalo ruled the point of order well taken and the Melin amendment to the Melin amendment out of order.

 

 

      Melin withdrew her amendment to H. F. No. 4, the second engrossment, as amended.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2388

CALL OF THE HOUSE

 

      On the motion of Peppin and on the demand of 10 members, a call of the House was ordered.  The following members answered to their names:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      Peppin moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees.  The motion prevailed and it was so ordered.

 

 

      The Speaker resumed the Chair.

 

 

      Hornstein offered an amendment to H. F. No. 4, the second engrossment, as amended.

 

 

POINT OF ORDER

 

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

 

 

Kahn moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 41, after line 16, insert:

 

"Sec. 27.  Minnesota Statutes 2014, section 169.79, subdivision 6, is amended to read:

 

Subd. 6.  Other motor vehicles.  If the motor vehicle is any kind of motor vehicle other than those provided for in subdivisions 2 to  4  3a, (1) one plate must be displayed on the front and one on the rear of the vehicle, and (2) one plate may be displayed on the front of the vehicle at the discretion of the owner."


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2389

Page 58, after line 35, insert:

 

"Sec. 64.  REPEALER.

 

Minnesota Statutes 2014, section 169.79, subdivision 4, is repealed."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

     

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

 

 

Atkins moved to amend H. F. No. 4, the second engrossment, as amended, as follows:

 

Page 41, after line 16, insert:

 

"Sec. 28.  Minnesota Statutes 2014, section 169.79, subdivision 4, is amended to read:

 

Subd. 4.  Collector's vehicle Optional front plate for certain vehicles.  One plate must be displayed on the rear of the vehicle, and one plate may be displayed on the front of the vehicle at the discretion of the owner, if the vehicle is:

 

(1) a collector's vehicle with a pioneer, classic car, collector, or street rod license;

 

(2) a vehicle that meets the requirements of a pioneer, classic, or street rod vehicle except that the vehicle is used for general transportation purposes; or

 

(3) a vehicle that is of model year 1972 or earlier, not registered under section 168.10, subdivision 1c, and is used for general transportation purposes; or, then one plate must be displayed on the rear of the vehicle, or one plate on the front and one on the rear, at the discretion of the owner

 

(4) a vehicle that was originally manufactured without a specifically designed location for plate placement on the front, excluding vehicles provided for in subdivisions 3, 3a, and 5."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Melin offered an amendment to H. F. No. 4, the second engrossment, as amended.

 

 

POINT OF ORDER

 

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


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2390

           Melin appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 72 yeas and 60 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

CALL OF THE HOUSE LIFTED

 

      Peppin moved that the call of the House be lifted.  The motion prevailed and it was so ordered.

 

 

      H. F. No. 4, A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation, including Department of Transportation, Metropolitan Council, and Department of Public Safety activities; amending various provisions governing transportation policy and finance; establishing funds and accounts; requiring reports; authorizing sale and issuance of trunk highway bonds; amending Minnesota Statutes 2014, sections 16A.11, subdivision 3a; 16A.86, subdivision 2; 16A.88, subdivisions 1a, 2; 16E.15, subdivision 2; 117.036, subdivisions 2, 4; 160.20, subdivision 4; 160.27, by adding a subdivision; 161.04, by adding a subdivision; 161.231; 161.321, subdivisions 2a, 2c, 4; 162.07, subdivision 1a; 168.053, subdivision 1; 168.1299, subdivision 1; 169.475, subdivision 2; 169.49; 169.782, subdivisions 1, 2, 4; 169.79, subdivision 4; 169.81, by adding a subdivision;


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2391

169.865, subdivisions 1, 2, by adding a subdivision; 169.87, subdivision 6; 173.02, by adding a subdivision; 173.15; 174.40, by adding a subdivision; 174.636, by adding a subdivision; 174.92; 174.93, subdivision 1; 221.031, by adding a subdivision; 221.605, by adding a subdivision; 299A.465, subdivision 5, by adding a subdivision; 299D.085, subdivision 2; 299D.09; 360.305, subdivision 4; 398A.04, by adding a subdivision; 473.146, subdivision 4; 473.399, by adding a subdivision; 473.4051, subdivision 2; Laws 2009, chapter 158, section 10, as amended; Laws 2014, chapter 312, article 11, section 3; proposing coding for new law in Minnesota Statutes, chapters 16A; 160; 161; 162; 168; 174; 299F; repealing Minnesota Statutes 2014, section 299E.02.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 73 yeas and 59 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Uglem moved that the name of Mullery be added as an author on H. F. No. 834.  The motion prevailed.

 

      Franson moved that the name of Selcer be added as an author on H. F. No. 869.  The motion prevailed.

 

      Hertaus moved that the name of Masin be added as an author on H. F. No. 1048.  The motion prevailed.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2392

           Garofalo moved that the name of Atkins be added as an author on H. F. No. 1085.  The motion prevailed.

 

      Loonan moved that the name of Masin be added as an author on H. F. No. 1099.  The motion prevailed.

 

      Mack moved that the name of O'Neill be added as an author on H. F. No. 1246.  The motion prevailed.

 

      McNamara moved that the name of Kresha be added as an author on H. F. No. 1298.  The motion prevailed.

 

      Backer moved that the name of Hoppe be added as an author on H. F. No. 1800.  The motion prevailed.

 

      Bly moved that the names of Freiberg, Schultz and Newton be added as authors on H. F. No. 2029.  The motion prevailed.

 

      Zerwas moved that the name of Johnson, C., be added as an author on H. F. No. 2126.  The motion prevailed.

 

      Hortman moved that the names of Clark and Erhardt be added as authors on H. F. No. 2247.  The motion prevailed.

 

 

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

 

 

MOTION TO SUSPEND RULES

 

      Miller moved that the rules of the House be so far suspended that H. F. No. 1451 be recalled from the Committee on Agriculture Finance, be given its second and third readings and be placed upon its final passage.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Miller motion and the roll was called.  There were 76 yeas and 55 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Johnson, C.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Marquart

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2393

Hortman

Isaacson

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Persell

Pinto

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


     

 

      Not having received the required two-thirds vote, the motion did not prevail.

 

 

      Thissen moved that the House revert to the order of business Consideration of Messages from the Senate.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Thissen motion and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The motion prevailed.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2394

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. 2225, A bill for an act relating to agriculture; appropriating money for avian influenza emergency response activities. 

 

JoAnne M. Zoff, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Bly moved that the House concur in the Senate amendments to H. F. No. 2225 and that the bill be repassed as amended by the Senate.

 

 

      A roll call was requested and properly seconded.

 

 

      Hamilton moved that the House refuse to concur in the Senate amendments to H. F. No. 2225, 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.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hamilton motion and the roll was called.  There were 73 yeas and 58 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schoen

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2395

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Wagenius

Ward

Winkler

Yarusso

Youakim


 

 

      The motion prevailed.

 

 

      Pursuant to rule 1.50, Peppin moved that the House be allowed to continue in session after 12:00 midnight.  The motion prevailed.

 

 

MOTION TO SUSPEND RULES

 

      Metsa moved that the rules of the House be so far suspended that H. F. No. 1585 be recalled from the Committee on Government Operations and Elections Policy, be given its second and third readings and be placed upon its final passage.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Metsa motion and the roll was called.  There were 63 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Baker

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Erhardt

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Liebling

Lien

Lillie

Loeffler

Lueck

Mahoney

Mariani

Marquart

Masin

Melin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rarick

Rosenthal

Schoen

Schultz

Selcer

Simonson

Slocum

Sundin

Thissen

Uglem

Wagenius

Ward

Winkler

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

      The motion did not prevail.


Journal of the House - 43rd Day - Tuesday, April 21, 2015 - Top of Page 2396

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2225:

 

      Bly, Hamilton and Miller.

 

 

ADJOURNMENT

 

      Peppin moved that when the House adjourns today it adjourn until 9:30 a.m., Wednesday, April 22, 2015.  The motion prevailed.

 

      Peppin moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Wednesday, April 22, 2015.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives