EIGHTY-NINTH SESSION FIFTY-THIRD DAY

Transcription

1 53RD DAY] MONDAY, MAY 4, STATE OF MINNESOTA EIGHTY-NINTH SESSION FIFTY-THIRD DAY SAINT PAUL, MINNESOTA, MONDAY, MAY 4, 2015 The House of Representatives convened at 3:30 p.m. and was called to order by Kurt Daudt, Speaker of the House. Prayer was offered by the Reverend John Weisenburger, Our Savior's Lutheran Church, Owatonna, 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 Bennett Bernardy Bly Carlson Christensen 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 Heintzeman Hertaus Hilstrom Hoppe Hornstein Hortman Howe Isaacson Johnson, B. Johnson, C. Johnson, S. Kahn Kelly Kiel Knoblach Koznick 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 O'Driscoll O'Neill Pelowski Peppin Persell Petersburg Peterson Pierson Pinto Poppe Pugh Quam Rarick Rosenthal Runbeck Sanders Schoen Schomacker Schultz Scott Selcer Simonson Smith Sundin Swedzinski Theis Thissen Torkelson Uglem Urdahl Vogel Wagenius Ward Whelan Wills Winkler Yarusso Youakim Zerwas Spk. Daudt A quorum was present. Barrett, Dill, Halverson, Kresha, Norton and Slocum were excused. Clark was excused until 4:15 p.m. Hausman was excused until 5:20 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.

2 4330 JOURNAL OF THE HOUSE [53RD DAY REPORTS OF CHIEF CLERK S. F. No. 253 and H. F. No. 321, which had been referred to the Chief Clerk for comparison, were examined and found to be identical. Mack moved that S. F. No. 253 be substituted for H. F. No. 321 and that the House File be indefinitely postponed. The motion prevailed. S. F. No. 462 and H. F. No. 439, which had been referred to the Chief Clerk for comparison, were examined and found to be identical. Lohmer moved that S. F. No. 462 be substituted for H. F. No. 439 and that the House File be indefinitely postponed. The motion prevailed. S. F. No and H. F. No. 465, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. Scott moved that S. F. No be substituted for H. F. No. 465 and that the House File be indefinitely postponed. The motion prevailed. S. F. No and H. F. No. 1538, which had been referred to the Chief Clerk for comparison, were examined and found to be identical. Loonan moved that S. F. No be substituted for H. F. No and that the House File be indefinitely postponed. The motion prevailed. S. F. No and H. F. No. 2009, which had been referred to the Chief Clerk for comparison, were examined and found to be identical. Smith moved that S. F. No be substituted for H. F. No and that the House File be indefinitely postponed. The motion prevailed. S. F. No and H. F. No. 1783, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions. Swedzinski moved that S. F. No be substituted for H. F. No and that the House File be indefinitely postponed. The motion prevailed.

3 53RD DAY] MONDAY, MAY 4, REPORTS OF STANDING COMMITTEES AND DIVISIONS Knoblach from the Committee on Ways and Means to which was referred: H. F. No. 390, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying provisions for Legislative-Citizen Commission on Minnesota Resources; amending Minnesota Statutes 2014, sections 116P.05, subdivision 2; 116P.08, subdivisions 5, 6, 7; 116P.09, subdivisions 1, 6, 8. Reported the same back with the following amendments: Page 17, line 21, after the period, insert "The project report must quantify and document greenhouse gas emissions reductions resulting from specific deconstruction techniques and materials reuses." Page 24, line 30, after the period, insert "Of this amount, up to $135,000 must be deposited in a conservation easement stewardship account. Deposits into the conservation easement stewardship account must be made upon closing on conservation easements or at a time otherwise approved in the work plan." Page 28, line 16, delete "$896,000" and insert "$950,000" Page 28, line 17, delete the second "and" Page 28, delete lines 18 to 23 Page 28, line 24, delete everything before "to" Page 28, line 27, after the period, insert "Of this amount, up to $65,000 must be deposited in a conservation easement stewardship account; and $54,000 is for an agreement with the Leech Lake Area Watershed Foundation in cooperation with Crow Wing County Soil and Water Conservation District and Cass County Soil and Water Conservation District. Deposits into the conservation easement stewardship account must be made upon closing on conservation easements or at a time otherwise approved in the work plan." Page 38, after line 30, insert: "(d) The following project may be extended statewide: Laws 2014, chapter 226, section 2, subdivision 9, paragraph (c), Urban Environmental Education Engaging Students in Local Resources." Page 38, delete subdivision 19 and insert: "Subd. 19. Pollinator and Butterfly Habitat When feasible, a recipient of money appropriated in this section is encouraged to use conservation practices that promote butterfly and other pollinator habitat on land acquired in fee with money appropriated in this section, including planting and maintaining vegetation beneficial to butterflies and other pollinators and minimizing the use of pesticides." With the recommendation that when so amended the bill be placed on the General Register. The report was adopted.

4 4332 JOURNAL OF THE HOUSE [53RD DAY Knoblach from the Committee on Ways and Means to which was referred: H. F. No. 488, A bill for an act relating to state government; ratifying labor agreements and compensation plans. Reported the same back with the recommendation that the bill be placed on the General Register. The report was adopted. Knoblach from the Committee on Ways and Means 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; providing for conveyance of state bond-financed property; amending Laws 2014, chapter 294, article 1, sections 15, subdivision 2; 18, subdivision 4; 21, subdivisions 10, 16; Laws 2014, chapter 295, section 10, subdivision 12. Reported the same back with the following amendments: Page 3, after line 10, insert: "Sec. 4. Laws 2014, chapter 294, article 1, section 21, subdivision 12, is amended to read: Subd. 12. Minneapolis - Brian Coyle Community Center 330,000 (a) For a grant to the Minneapolis Park and Recreation Board to predesign and design the renovation and expansion of the Brian Coyle Community Center, subject to Minnesota Statutes, section 16A.695. This appropriation does not require a local match. (b) The Minneapolis Park and Recreation Board, the Pillsbury United Communities, Hennepin County, institutions of higher education, and neighborhood organizations shall develop an agreement for the use of the existing Brian Coyle Community Center. The lease between the Minneapolis Park and Recreation Board and Pillsbury United Communities shall be reformed prior to the expenditure of any funds for predesign and design. (c) The appropriation under this subdivision may also be used toward the renovation and expansion of the Brian Coyle Community Center. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 5. Laws 2014, chapter 294, article 1, section 21, subdivision 13, is amended to read: Subd. 13. Minneapolis - Hennepin Center for the Arts 550,000 For a grant to the city of Minneapolis Hennepin County for improvements and betterments of a capital nature to renovate the historic Hennepin Center for the Arts. Of this appropriation, approximately $300,000 is for predesign and design of asset

5 53RD DAY] MONDAY, MAY 4, preservation improvements, and $250,000 is to match federal funding to replace and replicate the historic cupolas on the Historic Masonic Temple of the Hennepin Center for the Arts. EFFECTIVE DATE. This section is effective the day following final enactment." Renumber the sections in sequence Correct the title numbers accordingly With the recommendation that when so amended the bill be placed on the General Register. The report was adopted. SECOND READING OF HOUSE BILLS H. F. Nos. 390, 488 and 621 were read for the second time. SECOND READING OF SENATE BILLS S. F. Nos. 253, 462, 1191, 1438, 1523 and 1679 were read for the second time. INTRODUCTION AND FIRST READING OF HOUSE BILLS The following House Files were introduced: Urdahl, Hamilton, Baker, Miller and Anderson, P., introduced: H. F. No. 2295, A bill for an act relating to agriculture; appropriating money for avian influenza payments. The bill was read for the first time and referred to the Committee on Agriculture Finance. Bly; Johnson, C.; Hansen and Poppe introduced: H. F. No. 2296, A bill for an act relating to state government; modifying disaster recovery loan program for farmers; appropriating money for avian influenza response activities; authorizing transfers and payments; amending Minnesota Statutes 2014, section 41B.047, subdivisions 1, 3, 4. The bill was read for the first time and referred to the Committee on Agriculture Finance.

6 4334 JOURNAL OF THE HOUSE [53RD DAY Fabian and Kiel introduced: H. F. No. 2297, A bill for an act relating to capital investment; appropriating money for public infrastructure in Thief River Falls; authorizing the issuance of state bonds. The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance. Loonan, Rarick, Sanders, Daniels and Anderson, S., introduced: H. F. No. 2298, A bill for an act relating to insurance; limiting certain remedies of uninsured motorists; amending Minnesota Statutes 2014, section 65B.51, subdivision 3. The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform. Loonan introduced: H. F. No. 2299, A bill for an act relating to transportation; capital investment; appropriating money for construction of an interchange in Jordan; authorizing the sale and issuance of trunk highway bonds. The bill was read for the first time and referred to the Committee on Transportation Policy and Finance. Smith and Peppin introduced: H. F. No. 2300, A bill for an act relating to transportation; establishing certain requirements governing the marked Trunk Highway 610 extension project. The bill was read for the first time and referred to the Committee on Transportation Policy and Finance. Smith and Peppin introduced: H. F. No. 2301, A bill for an act relating to transportation; capital investment; appropriating money for certain components of the marked Trunk Highway 610 extension project; 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. Knoblach introduced: H. F. No. 2302, A bill for an act relating to transportation; providing for transportation finance; making appropriations; allocating certain sales tax revenue; establishing assistance to certain cities; authorizing sale and issuance of state bonds; amending Minnesota Statutes 2014, sections , by adding a subdivision; 297A.815, subdivision 3; 297A.94; proposing coding for new law in Minnesota Statutes, chapter 162. The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.

7 53RD DAY] MONDAY, MAY 4, MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File: H. F. No. 846, A bill for an act relating to state government; appropriating money for environment and natural resources; modifying public entity purchasing requirements; modifying solid waste provisions; modifying subsurface sewage treatment systems provisions; modifying compensable losses due to harmful substances; modifying invasive species provisions; modifying state parks and trails provisions; modifying requirements for fire training; modifying auxiliary forest provisions; modifying recreational vehicle provisions; providing for all-terrain vehicle safety training indication on drivers' licenses and identification cards; modifying and providing for certain fees; creating and modifying certain accounts; providing for and modifying certain grants; modifying disposition of certain revenue; modifying certain permit provisions; providing for condemnation of certain school trust lands; modifying Water Law; providing for certain enforcement delay; modifying personal flotation device provisions; regulating wake surfing; modifying game and fish laws; modifying Metropolitan Area Water Supply Advisory Committee and specifying duties; providing for Minnesota Pollution Control Agency Citizens' Board; prohibiting sale of certain personal care products containing synthetic plastic microbeads; requiring reports; requiring rulemaking; amending Minnesota Statutes 2014, sections 16A.531, subdivision 1a; 16C.073, subdivision 2; , subdivision 7; , subdivision 5, by adding a subdivision; 84.82, subdivision 6; 84.84; 84.92, subdivisions 8, 9, 10; , subdivision 4; , subdivision 5; , subdivision 1; , subdivision 1; 84D.01, subdivisions 13, 15, 17, 18, by adding a subdivision; 84D.03, subdivision 3; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 1; 84D.12, subdivisions 1, 3; 84D.13, subdivision 5; 84D.15, subdivision 3; , subdivision 28, by adding a subdivision; , subdivision 12; 85.32, subdivision 1; 86B.313, subdivisions 1, 4; 86B.315; 86B.401, subdivision 3; 88.17, subdivision 3; 88.49, subdivisions 3, 4, 5, 6, 7, 8, 9, 11; , subdivision 2; 88.50; 88.51, subdivisions 1, 3; 88.52, subdivisions 2, 3, 4, 5, 6; ; 88.53, subdivisions 1, 2; , subdivision 4; 90.14; ; 94.10, subdivision 2; 94.16, subdivisions 2, 3; 97A.045, subdivision 11; 97A.057, subdivision 1; 97A.435, subdivision 4; 97A.465, by adding a subdivision; 97B.063; 97B.081, subdivision 3; 97B.085, subdivision 2; 97B.301, by adding a subdivision; 97B.668; 97C.005, subdivision 1, by adding a subdivision; 97C.301, by adding a subdivision; 97C.345, by adding a subdivision; 97C.501, subdivision 2; 103B.101, by adding a subdivision; 103B.3355; 103F.612, subdivision 2; 103G.005, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 1, 2, 3, 4, 12, 14; 103G.2251; 103G.245, subdivision 2; 103G.271, subdivisions 3, 5, 6a; 103G.287, subdivisions 1, 2; 103G.291, subdivision 3; 103G.301, subdivision 5a; , by adding a subdivision; ; , subdivisions 1, 3; , subdivision 2; 115A.03, subdivision 25a; 115A.551, subdivision 2a; 115A.557, subdivision 2; 115A.93, subdivision 1; 115B.34, subdivision 2; 115C.05; ; , subdivision 1; , subdivisions 4d, 4j, 7, by adding a subdivision; 116D.04, by adding a subdivision; , by adding a subdivision; , by adding a subdivision; , subdivision 3; 446A.073, subdivisions 1, 3, 4; ; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended; Laws 2014, chapter 312, article 12, section 6, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 84; 84D; 85; 92; 97A; 97B; 103B; 103G; 114C; 115; 115A; 325E; repealing Minnesota Statutes 2014, sections 84.68; 86B.13, subdivisions 2, 4; 88.47; 88.48; 88.49, subdivisions 1, 2, 10; , subdivision 1; 88.51, subdivision 2; 97A.475, subdivision 25; 97B.905, subdivision 3; , subdivisions 7, 8, 10; ; 477A.19; Minnesota Rules, part , subparts 27, 28. The Senate has appointed as such committee: Senators Tomassoni, Sparks, Hoffman, Marty and Weber. Said House File is herewith returned to the House. JOANNE M. ZOFF, Secretary of the Senate

8 4336 JOURNAL OF THE HOUSE [53RD DAY Mr. Speaker: I hereby announce the Senate refuses to concur in the House amendments to the following Senate File: S. F. No. 2101, A bill for an act relating to state government; appropriating money for agriculture, environment, natural resources, jobs, and economic development; providing for animal health and agricultural utilization research; making policy and technical changes to various agricultural related provisions, including provisions related to pesticide control, plant protection, nursery law, seeds, and loans; modifying license exclusions for the direct sale of certain prepared food; establishing the Agriculture Research, Education, Extension, and Technology Transfer Board; establishing the Industrial Hemp Development Act; providing for incentive payments and grants; modifying disposition of certain revenue; providing for pilot programs; establishing the farm opportunity loan program; modifying fee provisions; creating accounts; modifying recreational vehicle provisions; modifying aquatic invasive species provisions; modifying state park and trail provisions; modifying timber and land sale provisions; modifying provisions for reclamation of lands; modifying game and fish laws; modifying the Water Law; regulating water quality standards; regulating chemicals of high concern in children's products; modifying solid waste provisions; making policy changes to labor and industry, employment and economic development, Iron Range resources, and the Bureau of Mediation Services; requiring studies and reports; requiring rulemaking; amending Minnesota Statutes 2014, sections 13.43, subdivision 6; , subdivision 1; , subdivision 8; 16C.144, by adding subdivisions; 18B.01, subdivisions 28, 29; 18B.32, subdivision 1; 18B.33, subdivision 1; 18B.34, subdivision 1; 18G.10, subdivisions 3, 4; 18H.02, subdivision 20, by adding subdivisions; 18H.06, subdivision 2; 18J.01; 18J.02; 18J.03; 18J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 3, 4, 5; 18J.09; 18J.11, subdivision 1, by adding a subdivision; 21.81, by adding subdivisions; 21.82, subdivisions 2, 4; 21.85, subdivision 2, by adding a subdivision; 21.89, subdivision 2; 41B.03, subdivision 6, by adding a subdivision; 41B.04, subdivision 17; 41B.043, subdivision 3; 41B.045, subdivisions 3, 4; 41B.046, subdivision 5; 41B.047, subdivisions 1, 4; 41B.048, subdivision 6; 41B.049, subdivision 4; 41B.055, subdivision 3; 41B.056, subdivision 2; 41B.06; , by adding a subdivision; 60D.215, subdivision 2; 65B.44, by adding a subdivision; 72B.092, subdivision 1; 80A.84; , subdivision 7; 84.82, subdivisions 2a, 6; 84.92, subdivisions 8, 9, 10; , subdivision 5; 84D.01, by adding a subdivision; 84D.13, subdivision 5; 84D.15, subdivision 3; , by adding a subdivision; , subdivision 1; 85.32, subdivision 1; 86B.401, subdivision 3; 87A.10; , subdivision 4; 90.14; ; 93.20, subdivision 18; 94.16, subdivision 3; 97A.055, subdivision 4b; 97B.301, by adding a subdivision; 97C.301, by adding a subdivision; 103B.101, by adding a subdivision; 103B.3355; 103F.612, subdivision 2; 103G.005, by adding a subdivision; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 1, 2, 3, 4, 12, 14, 15; 103G.2251; 115A.1415, subdivision 16; 115A.557, subdivision 2; 115C.09, subdivision 1; , subdivision 4d; ; ; ; ; ; 116J.394; 116J.8738, subdivision 3, by adding a subdivision; 116L.05, subdivision 5; 116L.17, subdivision 4; 123B.53, subdivision 1; 179A.041, by adding subdivisions; 216B.1694, subdivision 3; 216B.62, subdivision 3b; , subdivisions 6, 21b, 26, 30; , subdivision 7; , subdivisions 2, 3b; , subdivisions 1, 2; , subdivisions 1, 10; , subdivisions 3, 7; , subdivision 1; , subdivision 1; , subdivision 1; , subdivisions 1, 3, 4, 5, 6, 10, 11; ; , subdivision 3; ; ; , subdivision 2; ; , subdivisions 4, 9a, 9d, 11, 15; , subdivision 2; ; , subdivision 3; 299F.01, by adding a subdivision; 326B.092, subdivision 7; 326B.096; 326B.106, subdivision 1, by adding a subdivision; 326B.13, subdivision 8; 326B.986, subdivisions 5, 8; , subdivisions 3, 6; ; , subdivision 2; Laws 1994, chapter 493, section 1; Laws 2014, chapter 308, article 6, section 14, subdivision 5; Laws 2014, chapter 312, article 2, section 14; proposing coding for new law in Minnesota Statutes, chapters 13; 17; 28A; 41A; 41B; 65B; 80A; 84; 84D; 92; 103B; 103F; 116; 116J; 116L; 116U; 179; 268A; proposing coding for new law as Minnesota Statutes, chapter 18K; repealing Minnesota Statutes 2014, sections ; 28A.15, subdivisions 9, 10; 41A.12, subdivision 4; 84.68; 86B.13, subdivisions 2, 4; ; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended.

9 53RD DAY] MONDAY, MAY 4, The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee: Senators Tomassoni, Cohen, Sparks, Jensen and Osmek. Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee. JOANNE M. ZOFF, Secretary of the Senate Garofalo moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No The motion prevailed. CALENDAR FOR THE DAY H. F. No was reported to the House. Baker moved to amend H. F. No. 1437, the second engrossment, as follows: Page 2, line 10, delete "42,083,000" and insert "41,514,000" and delete "42,711,000" and insert "42,599,000" Page 2, line 13, delete "41,505,000" and insert "40,936,000" and delete "42,133,000" and insert "42,021,000" Page 6, line 16, delete "15,618,000 " and insert "15,563,000" and delete "16,735,000" and insert "16,623,000" Page 7, line 4, delete "$383,000" and insert "$328,000" and delete "$1,500,000" and insert "$1,388,000" Page 14, delete sections 5 and 6 and insert: "Sec. 5. APPROPRIATION; DEPARTMENT OF AGRICULTURE. (a) $336,000 in fiscal year 2015 and $3,283,000 in fiscal year 2016 are appropriated from the general fund to the commissioner of agriculture for the following avian influenza emergency response costs: staff pay including overtime, in-state travel, information technology support, staff support of the state emergency operations center, and reimbursement of local units of government that incur costs directly related to avian influenza emergency response. (b) The fiscal year 2015 appropriations in paragraph (a) are in addition to the fiscal year 2015 appropriations to the commissioner of agriculture in legislation styled as H. F. No if this act and H. F. No are both enacted during the 2015 regular session. Sec. 6. APPROPRIATION; BOARD OF ANIMAL HEALTH. (a) $358,000 in fiscal year 2015 and $1,495,000 in fiscal year 2016 are appropriated from the general fund to the Board of Animal Health for the following avian influenza emergency response costs: staff pay including overtime; costs incurred to ship samples to appropriate laboratories; in-state travel; temporary employees performing permitting, logistics, and document management activities; information technology support; additional field staff to satisfy permit demand within control zones; additional laboratory technicians; and additional data entry staff.

10 4338 JOURNAL OF THE HOUSE [53RD DAY (b) The fiscal year 2015 appropriations in paragraph (a) are in addition to the fiscal year 2015 appropriations to the commissioner of agriculture in legislation styled as H. F. No if this act and H. F. No are both enacted during the 2015 regular session. Sec. 7. APPROPRIATION; DEPARTMENT OF HEALTH. $25,000 in fiscal year 2015 and $78,000 in fiscal year 2016 are appropriated from the general fund to the commissioner of health for costs incurred to identify and monitor poultry workers exposed to infected birds. Sec. 8. APPROPRIATION; DEPARTMENT OF NATURAL RESOURCES. $100,000 in fiscal year 2015 and $250,000 in fiscal year 2016 are appropriated from the general fund to the commissioner of natural resources for staff and fleet costs incurred to sample wild waterfowl and other wild birds in order to track movement of the avian influenza virus. Sec. 9. APPROPRIATION; DEPARTMENT OF PUBLIC SAFETY. $151,000 in fiscal year 2015 and $393,000 in fiscal year 2016 are appropriated from the general fund to the commissioner of public safety for costs incurred to operate the state emergency operations center and to staff the agriculture incident command post in Willmar. Sec. 10. AVAILABILITY OF APPROPRIATIONS. (a) Funds appropriated in sections 5 to 9 are available only if the eligible costs are incurred to provide emergency response to the avian influenza outbreak and either are not eligible for federal reimbursement or are in excess of federal awards. (b) Fiscal year 2015 appropriations are onetime and are available until June 30, Sec. 11. AVIAN INFLUENZA; FEDERAL FUNDS APPROPRIATION AND REPORTING. All federal money received in fiscal years 2015 through 2017 by the Board of Animal Health or the commissioner of agriculture, health, natural resources, or public safety to address avian influenza is appropriated in the fiscal year when it is received. Before spending federal funds appropriated in this section, the commissioner of management and budget shall report the anticipated federal funds appropriated under this section and their intended purpose to the Legislative Advisory Commission, consistent with the urgent federal funds request procedure under Minnesota Statutes, section , subdivision 4. By January 15, 2018, the commissioner of management and budget shall report the actual federal funds received and appropriated under this section and their actual use to the Legislative Advisory Commission. Sec. 12. EFFECTIVE DATE. Sections 5 to 11 are effective the day following final enactment." Adjust amounts accordingly Amend the title accordingly Baker moved to amend the Baker amendment to H. F. No. 1437, the second engrossment, as follows: Page 2, line 19, after "APPROPRIATIONS" insert "; TRANSFER AUTHORIZED"

11 53RD DAY] MONDAY, MAY 4, Page 2, after line 23, insert: "(c) The commissioner of management and budget may transfer unexpended balances from the appropriations in sections 5 to 9 to any state agency for operating expenses related to avian influenza emergency response activities. The commissioner of management and budget must report each transfer to the chairs and ranking minority members of the senate Committee on Finance and the house of representatives Committee on Ways and Means." The motion prevailed and the amendment to the amendment was adopted. McNamara moved to amend the Baker amendment, as amended, to H. F. No. 1437, the second engrossment, as follows: Page 1, line 19, delete everything after "in" and insert "Laws 2015, chapter 12." Page 1, delete line 20 Page 2, line 4, delete everything after "the" and insert "Board of Animal Health in Laws 2015, chapter 12." Page 2, delete line 5 The motion prevailed and the amendment to the amendment, as amended, was adopted. Bly moved to amend the Baker amendment, as amended, to H. F. No. 1437, the second engrossment, as follows: Page 1, delete lines 11 to 26 and insert: "Sec. 5. AVIAN INFLUENZA RESPONSE ACTIVITIES; APPROPRIATIONS. (a) $3,619,000 is appropriated from the general fund in fiscal year 2015 to the commissioner of agriculture for avian influenza emergency response activities. This is a onetime appropriation and is available until expended. (b) $1,853,000 is appropriated from the general fund in fiscal year 2015 to the Board of Animal Health for avian influenza emergency response activities. This is a onetime appropriation and is available until expended. (c) $103,000 is appropriated from the general fund in fiscal year 2015 to the commissioner of health for avian influenza emergency response activities. This is a onetime appropriation and is available until expended. (d) $350,000 is appropriated from the general fund in fiscal year 2015 to the commissioner of natural resources for sampling wild animals to detect and monitor the avian influenza virus. This is a onetime appropriation and is available until expended. (e) $544,000 is appropriated from the general fund in fiscal year 2015 to the commissioner of public safety to operate the State Emergency Operation Center in coordination with the statewide avian influenza response activities. Appropriations under this paragraph may also be used to support a staff person at the state's agricultural incident command post in Willmar. This is a onetime appropriation and is available until expended.

12 4340 JOURNAL OF THE HOUSE [53RD DAY (f) The commissioner of management and budget may transfer unexpended balances from the appropriations in this section to any state agency for operating expenses related to avian influenza emergency response activities. The commissioner of management and budget must report each transfer to the chairs and ranking minority members of the senate Committee on Finance and the house of representatives Committee on Ways and Means." Page 2, delete lines 1 to 23 Page 3, line 6, delete "Sections" and insert "Section" and delete "to 11 are" and insert "is" Page 3, after line 8, insert: "Renumber the sections in sequence and correct the internal references" The motion prevailed and the amendment to the amendment, as amended, was adopted. Hansen moved to amend the Baker amendment, as amended, to H. F. No. 1437, the second engrossment, as follows: Page 3, after line 4, insert: "Sec. 12. POULTRY WORKER EXTRA UNEMPLOYMENT BENEFITS. Subdivision 1. Extra benefits; availability. Extra unemployment benefits are available to an applicant if the applicant was laid off by a commercial poultry producer as a result of the confirmed presence of highly pathogenic avian influenza in the commercial poultry producer's flock. Subd. 2. Payment from fund. Extra unemployment benefits are payable from the unemployment insurance trust fund. Subd. 3. Eligibility conditions. An applicant is eligible to receive extra unemployment benefits under this section for any week through December 31, 2016, following the effective date of the applicant's benefit account of regular unemployment benefits, as a result of a layoff described under subdivision 1, if: (1) a majority of the applicant's wage credits were with a commercial poultry producer described in subdivision 1; (2) the applicant meets the eligibility requirements of Minnesota Statutes, section ; (3) the applicant is not subject to a disqualification under Minnesota Statutes, section ; and (4) the applicant is not entitled to regular unemployment benefits and the applicant is not entitled to receive unemployment benefits under any other state or federal law for that week. Subd. 4. Weekly amount of extra benefits. The weekly extra unemployment benefits amount available to an applicant is the same as the applicant's weekly regular unemployment benefit amount on the benefit account established as a result of a layoff under subdivision 1. Subd. 5. Maximum amount of extra unemployment benefits. (a) The maximum amount of extra unemployment benefits available is equal to 13 weeks at the applicant's weekly extra unemployment benefits amount.

13 53RD DAY] MONDAY, MAY 4, (b) If an applicant qualifies for a new regular benefit account under Minnesota Statutes, section , at any time after exhausting regular unemployment benefits as a result of the layoff under subdivision 1, the applicant must apply for and exhaust entitlement to those new regular unemployment benefits. Subd. 6. Program expiration. This extra unemployment benefit program expires on December 31, No extra unemployment benefits may be paid for any week after the expiration of this program." Page 3, line 6, delete "11" and insert "12" A roll call was requested and properly seconded. The question was taken on the Hansen amendment to the Baker amendment, as amended, and the roll was called. There were 111 yeas and 15 nays as follows: Those who voted in the affirmative were: Allen Anderson, P. Anderson, S. Anzelc Applebaum Atkins Backer Baker Bennett Bernardy Bly Carlson Christensen Considine Cornish Daniels Davids Davnie Dean, M. Dehn, R. Dettmer Erhardt Fabian Fenton Fischer Franson Freiberg Green Gunther Hamilton Hancock Hansen Heintzeman Hilstrom Hoppe Hornstein Hortman Howe Isaacson Johnson, B. Johnson, C. Johnson, S. Kahn Kelly Kiel Knoblach Koznick Laine Lenczewski Lesch Liebling Lien Lillie Loeffler Lohmer Loon Loonan Lueck Mack Mahoney Mariani Marquart Masin McDonald Melin Metsa Miller Moran Mullery Murphy, E. Murphy, M. Nelson Newton Nornes O'Driscoll O'Neill Pelowski Peppin Persell Petersburg Peterson Pierson Pinto Poppe Rarick Rosenthal Sanders Schoen Schomacker Schultz Scott Selcer Simonson Smith Sundin Swedzinski Theis Thissen Torkelson Uglem Urdahl Vogel Wagenius Ward Whelan Wills Winkler Yarusso Youakim Zerwas Spk. Daudt Those who voted in the negative were: Albright Anderson, M. Drazkowski Erickson Garofalo Gruenhagen Hackbarth Hertaus Lucero McNamara Nash Newberger Pugh Quam Runbeck The motion prevailed and the amendment to the amendment, as amended, was adopted. The question recurred on the Baker amendment, as amended, to H. F. No. 1437, the second engrossment. The motion prevailed and the amendment, as amended, was adopted.

14 4342 JOURNAL OF THE HOUSE [53RD DAY Baker moved to amend H. F. No. 1437, the second engrossment, as amended, as follows: Page 41, delete section 43 and insert: "Sec. 43. Minnesota Statutes 2014, section 41B.047, subdivision 1, is amended to read: Subdivision 1. Establishment. The authority shall establish and implement a disaster recovery loan program to help farmers: (1) clean up, repair, or replace farm structures and septic and water systems, as well as replace seed, other crop inputs, feed, and livestock, when damaged by high winds, hail, tornado, or flood; or (2) purchase watering systems, irrigation systems, and other drought mitigation systems and practices when drought is the cause of the purchase; (3) restore farmland; or (4) replace flocks, make building improvements, or cover loss of revenue if the loss or damage is due to the confirmed presence of highly pathogenic avian influenza in a commercial poultry flock in Minnesota. Sec. 44. Minnesota Statutes 2014, section 41B.047, subdivision 3, is amended to read: Subd. 3. Eligibility. To be eligible for this program, a borrower must: (1) meet the requirements of section 41B.03, subdivision 1; (2) certify that the damage or loss was sustained within a county that was the subject of (i) a state or federal disaster declaration or (ii) a peacetime emergency declaration made by the governor under section 12.31; (3) demonstrate an ability to repay the loan; (4) have a total net worth, including assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in 2004 and an amount in subsequent years which is adjusted for inflation by multiplying that amount by the cumulative inflation rate as determined by the Consumer Price Index; and (5) have received at least 50 percent of average annual gross income from farming for the past three years." Page 41, line 15, strike "$50,000" and insert "$200,000" Renumber the sections in sequence and correct the internal references Amend the title accordingly Baker moved to amend the Baker amendment to H. F. No. 1437, the second engrossment, as amended, as follows: Page 1, line 12, delete "cover loss of revenue" and insert "obtain an operating line of credit" The motion prevailed and the amendment to the amendment was adopted.

15 53RD DAY] MONDAY, MAY 4, The question recurred on the Baker amendment, as amended, to H. F. No. 1437, the second engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted. Poppe moved to amend H. F. No. 1437, the second engrossment, as amended, as follows: Page 6, line 32, before the period, insert ", including but not limited to compensation to state agencies for highly pathogenic avian influenza emergency response activities that are not eligible for federal reimbursement or are in excess of federal awards" Poppe moved to amend the Poppe amendment to H. F. No. 1437, the second engrossment, as amended, as follows: Page 1, line 3, after "activities" insert ", including but not limited to mental health counseling and other emotional assistance," The motion prevailed and the amendment to the amendment was adopted. The question recurred on the Poppe amendment, as amended, to H. F. No. 1437, the second engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted. Newberger moved to amend H. F. No. 1437, the second engrossment, as amended, as follows: Page 28, line 3, delete "Except as provided in subdivision 8," Page 28, line 5, after the second period, insert "An individual with $5,000 or less in annual gross receipts from the sale of exempt food under this section is not required to pay the registration fee." Page 28, delete subdivision 5 and insert: "Subd. 5. Training. (a) An individual with gross receipts between $5,000 and $18,000 in a calendar year from the sale of exempt food under this section must complete a safe food handling training course that is approved by the commissioner before registering under subdivision 4. The training shall not exceed eight hours and must be completed every three years while the individual is registered under subdivision 4. (b) An individual with gross receipts of less than $5,000 in a calendar year from the sale of exempt food under this section must satisfactorily complete an online course and exam as approved by the commissioner before registering under subdivision 4. The commissioner shall offer the online course and exam under this paragraph at no cost to the individual." Page 28, delete subdivision 8 The motion prevailed and the amendment was adopted.

16 4344 JOURNAL OF THE HOUSE [53RD DAY Rarick moved to amend H. F. No. 1437, the second engrossment, as amended, as follows: Page 15, after line 2, insert: "Section 1. Minnesota Statutes 2014, section 3.737, is amended by adding a subdivision to read: Subd. 6. Federal reimbursement. The commissioner must pursue federal reimbursement for any compensation payment issued under this section while: (1) the United States Fish and Wildlife Service lists the Minnesota population of gray wolves as endangered and threatened wildlife under the federal Endangered Species Act; or (2) the federal government otherwise prohibits livestock producers from protecting their livestock from wolf depredation." Renumber the sections in sequence and correct the internal references Amend the title accordingly The motion prevailed and the amendment was adopted. Anderson, P., moved to amend H. F. No. 1437, the second engrossment, as amended, as follows: Page 3, line 4, before the period, insert ", or to compensate commercial poultry producers for losses attributable to highly pathogenic avian influenza" The motion prevailed and the amendment was adopted. Kahn, Franson, Yarusso and Hoppe moved to amend H. F. No. 1437, the second engrossment, as amended, as follows: Page 22, after line 23, insert: "Sec. 20. Minnesota Statutes 2014, section 18J.01, is amended to read: 18J.01 DEFINITIONS. (a) The definitions in sections 18G.02, 18H.02, 18K.03, 27.01, , , and apply to this chapter. (b) For purposes of this chapter, "associated rules" means rules adopted under this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections to Sec. 21. Minnesota Statutes 2014, section 18J.02, is amended to read: 18J.02 DUTIES OF COMMISSIONER. The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 18K, 27, 223, 231, and 232; sections to 21.92; and associated rules.

17 53RD DAY] MONDAY, MAY 4, Sec. 22. Minnesota Statutes 2014, section 18J.03, is amended to read: 18J.03 CIVIL LIABILITY. A person regulated by this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections to 21.92, is civilly liable for any violation of one of those statutes or associated rules by the person's employee or agent. Sec. 23. Minnesota Statutes 2014, section 18J.04, subdivision 1, is amended to read: Subdivision 1. Access and entry. The commissioner, upon presentation of official department credentials, must be granted immediate access at reasonable times to sites where a person manufactures, distributes, uses, handles, disposes of, stores, or transports seeds, plants, grain, household goods, general merchandise, produce, or other living or nonliving products or other objects regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules. Sec. 24. Minnesota Statutes 2014, section 18J.04, subdivision 2, is amended to read: Subd. 2. Purpose of entry. (a) The commissioner may enter sites for: (1) inspection of inventory and equipment for the manufacture, storage, handling, distribution, disposal, or any other process regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules; (2) sampling of sites, seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects that are manufactured, stored, distributed, handled, or disposed of at those sites and regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules; (3) inspection of records related to the manufacture, distribution, storage, handling, or disposal of seeds, plants, products, grain, household goods, general merchandise, produce, or other living or nonliving objects regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules; (4) investigating compliance with chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules; or (5) other purposes necessary to implement chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules. (b) The commissioner may enter any public or private premises during or after regular business hours without notice of inspection when a suspected violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules may threaten public health or the environment. Sec. 25. Minnesota Statutes 2014, section 18J.04, subdivision 3, is amended to read: Subd. 3. Notice of inspection samples and analyses. (a) The commissioner shall provide the owner, operator, or agent in charge with a receipt describing any samples obtained. If requested, the commissioner shall split any samples obtained and provide them to the owner, operator, or agent in charge. If an analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge within 30 days after an analysis has been performed. If an analysis is not performed, the commissioner must notify the owner, operator, or agent in charge within 30 days of the decision not to perform the analysis. (b) The sampling and analysis must be done according to methods provided for under applicable provisions of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules. In cases not covered by those sections and methods or in cases where methods are available in which improved applicability has been demonstrated the commissioner may adopt appropriate methods from other sources.

18 4346 JOURNAL OF THE HOUSE [53RD DAY Sec. 26. Minnesota Statutes 2014, section 18J.04, subdivision 4, is amended to read: Subd. 4. Inspection requests by others. (a) A person who believes that a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules has occurred may request an inspection by giving notice to the commissioner of the violation. The notice must be in writing, state with reasonable particularity the grounds for the notice, and be signed by the person making the request. (b) If after receiving a notice of violation the commissioner reasonably believes that a violation has occurred, the commissioner shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if a violation has occurred. (c) An inspection conducted pursuant to a notice under this subdivision may cover an entire site and is not limited to the portion of the site specified in the notice. If the commissioner determines that reasonable grounds to believe that a violation occurred do not exist, the commissioner must notify the person making the request in writing of the determination. Sec. 27. Minnesota Statutes 2014, section 18J.05, subdivision 1, is amended to read: Subdivision 1. Enforcement required. (a) A violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or an associated rule is a violation of this chapter. (b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws must take action to the extent of their authority necessary or proper for the enforcement of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules or valid orders, standards, stipulations, and agreements of the commissioner. Sec. 28. Minnesota Statutes 2014, section 18J.05, subdivision 2, is amended to read: Subd. 2. Commissioner's discretion. If minor violations of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules occur or the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this section does not require the commissioner to: (1) report the violation for prosecution; (2) institute seizure proceedings; or (3) issue a withdrawal from distribution, stop-sale, or other order. Sec. 29. Minnesota Statutes 2014, section 18J.05, subdivision 6, is amended to read: Subd. 6. Agent for service of process. All persons licensed, permitted, registered, or certified under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee, permittee, registrant, or certified person. Sec. 30. Minnesota Statutes 2014, section 18J.06, is amended to read: 18J.06 FALSE STATEMENT OR RECORD. A person must not knowingly make or offer a false statement, record, or other information as part of: (1) an application for registration, license, certification, or permit under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules;

19 53RD DAY] MONDAY, MAY 4, (2) records or reports required under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules; or (3) an investigation of a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules. Sec. 31. Minnesota Statutes 2014, section 18J.07, subdivision 3, is amended to read: Subd. 3. Cancellation of registration, permit, license, certification. The commissioner may cancel or revoke a registration, permit, license, or certification provided for under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules or refuse to register, permit, license, or certify under provisions of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive practices in the evasion or attempted evasion of a provision of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules. Sec. 32. Minnesota Statutes 2014, section 18J.07, subdivision 4, is amended to read: Subd. 4. Service of order or notice. (a) If a person is not available for service of an order, the commissioner may attach the order to the facility, site, seed or seed container, plant or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules and notify the owner, custodian, other responsible party, or registrant. (b) The seed, seed container, plant, or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules may not be sold, used, tampered with, or removed until released under conditions specified by the commissioner, by an administrative law judge, or by a court. Sec. 33. Minnesota Statutes 2014, section 18J.07, subdivision 5, is amended to read: Subd. 5. Unsatisfied judgments. (a) An applicant for a license, permit, registration, or certification under provisions of this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections to 21.92; or associated rules may not allow a final judgment against the applicant for damages arising from a violation of those statutes or rules to remain unsatisfied for a period of more than 30 days. (b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this chapter results in automatic suspension of the license, permit, registration, or certification. Sec. 34. Minnesota Statutes 2014, section 18J.09, is amended to read: 18J.09 CREDITING OF PENALTIES, FEES, AND COSTS. Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into the state treasury and credited to the appropriate nursery and phytosanitary, industrial hemp, or seed account. Sec. 35. Minnesota Statutes 2014, section 18J.11, subdivision 1, is amended to read: Subdivision 1. General violation. Except as provided in subdivisions 2 and, 3, and 4, a person is guilty of a misdemeanor if the person violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner.