STATE OF MINNESOTA
Journal of the
House
EIGHTY-SIXTH SESSION - 2010
_____________________
SIXTY-SECOND DAY
Saint Paul, Minnesota, Thursday, February 11,
2010
The House of Representatives convened at
10:30 a.m. and was called to order by Margaret Anderson Kelliher, Speaker of
the House.
Prayer was offered by the Reverend Dennis
J. Johnson, House Chaplain.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Bly, Huntley, Lesch and Ruud were excused.
The Chief Clerk proceeded to read the
Journals of the preceding days. Slocum
moved that further reading of the Journals be dispensed with and that the
Journals be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Mullery from the Committee on Civil
Justice to which was referred:
H. F. No. 208, A bill for an act
relating to creditors' remedies; changing the type of mailed notification to
secured creditors required in connection with foreclosure of a mechanics lien
on a motor vehicle; amending Minnesota Statutes 2008, section 514.20.
Reported the same back with the
recommendation that the bill pass.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 497, A
bill for an act relating to government data practices; authorizing access to
certain firearm data by parole and probation authorities; amending Minnesota
Statutes 2008, section 13.87, by adding a subdivision.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 655, A
bill for an act relating to elections; requiring an affidavit of candidacy to
state the candidate's residence address and telephone number; prohibiting
placement of a candidate on the ballot if residency requirements are not met;
amending Minnesota Statutes 2008, section 204B.06, subdivision 1.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 731, A
bill for an act relating to civil actions; modifying civil liability for labor
and sex trafficking crimes; proposing coding for new law in Minnesota Statutes,
chapter 299A; repealing Minnesota Statutes 2008, section 609.284, subdivision
2.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 1537,
A bill for an act relating to eminent domain; modifying definition of public
use; amending Minnesota Statutes 2008, section 117.025, subdivision 11.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Pelowski from the Committee on
State and Local Government Operations Reform, Technology and Elections to which
was referred:
H. F. No. 2552,
A bill for an act relating to elections; changing the date of the state
primary; changing certain primary-related dates and provisions; amending
Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322,
subdivision 1; 10A.323; 203B.06, subdivision 1; 203B.081; 203B.11, subdivision
2; 203B.13, subdivision 2; 203B.17, subdivision 1; 203B.22; 203B.225,
subdivision 1; 203B.23, subdivision 2; 204B.09, subdivision 1; 204B.14,
subdivisions 2, 4; 204B.21, subdivision 1; 204B.33; 204B.35, subdivision 4;
204B.45, subdivision 2; 204C.26, subdivision 3; 204D.03, subdivision 1;
204D.09, subdivision 1; 204D.17; 204D.19; 204D.28, subdivisions 5, 6, 8, 9, 10;
205.065, subdivisions 1, 2; 205.13, subdivision 1a; 205.16, subdivision 4;
205A.03, subdivisions 1, 2; 205A.05, subdivision 3; 205A.06, subdivision 1a;
205A.07, subdivision 3; 205A.11, subdivision 2a; 208.03; 211B.045; 447.32,
subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 204D.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
10A.31, subdivision 6, is amended to read:
Subd. 6. Distribution
of party accounts. As soon as the
board has obtained from the secretary of state the results of the primary
election, but no later than one week after certification by the State
Canvassing Board of the results of the primary, the board must distribute the
available money in each party account, as certified by the commissioner of
revenue on September 1 one week before the state primary, to the
candidates of that party who have signed a spending limit agreement under
section 10A.322 and filed the affidavit of contributions required by section
10A.323, who were opposed in either the primary election or the general
election, and whose names are to appear on the ballot in the general election,
according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may
not be paid in an amount greater than the expenditure limit of the candidate or
the expenditure limit that would have applied to the candidate if the candidate
had not been freed from expenditure limits under section 10A.25, subdivision
10. If a candidate files the
affidavit required by section 10A.323 after September 1 of the general election
year, the board must pay the candidate's allocation to the candidate at the
next regular payment date for public subsidies for that election cycle that
occurs at least 15 days after the candidate files the affidavit.
Sec. 2. Minnesota Statutes 2008, section 10A.321, is
amended to read:
10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
Subdivision
1. Calculation
and certification of estimates. The
commissioner of revenue must calculate and certify to the board one week
before July 1 the first day for filing for office in each
election year an estimate of the total amount in the state general account of
the state elections campaign fund and the amount of money each candidate who
qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive
from the candidate's party account in the state elections campaign fund. This estimate must be based upon the
allocations and formulas in section 10A.31, subdivisions 5 and 5a, any
necessary vote totals provided by the secretary of state to apply the formulas
in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to
be available after 100 percent of the tax returns have been processed.
Subd. 2. Publication,
certification, and notification procedures.
Before the first day of filing for office, the board must publish and
forward to all filing officers the estimates calculated and certified under
subdivision 1 along with a copy of section 10A.25, subdivision 10. Within candidate who has filed with
that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to
the board the same information for each candidate who has filed with that
county an affidavit of candidacy or petition to appear on the ballot. seven days one week
after the last day for filing for office, the secretary of state must certify
to the board the name, address, office sought, and party affiliation of each By August 15 Within two weeks after
the last day for filing for office, the board must notify all candidates of
their estimated minimum amount. The
board must include with the notice a form for the agreement provided in section
10A.322 along with a copy of section 10A.25, subdivision 10.
Sec. 3. Minnesota Statutes 2008, section 10A.322,
subdivision 1, is amended to read:
Subdivision
1. Agreement
by candidate. (a) As a condition of
receiving a public subsidy, a candidate must sign and file with the board a
written agreement in which the candidate agrees that the candidate will comply
with sections 10A.25; 10A.27, subdivision 10; 10A.31, subdivision 7, paragraph
(c); 10A.324; and 10A.38.
(b) Before the
first day of filing for office, the board must forward agreement forms to all
filing officers. The board must also
provide agreement forms to candidates on request at any time. The candidate must file the agreement with
the board by September 1 preceding the candidate's general election or a
special election held at the general election at least three weeks
before the candidate's state primary.
An agreement may not be filed after that date. An agreement once filed may not be rescinded.
(c) The board
must notify the commissioner of revenue of any agreement signed under this
subdivision.
(d)
Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
of a special election and the filing period does not coincide with the filing
period for the general election, a candidate may sign and submit a spending
limit agreement not later than the day after the candidate files the affidavit
of candidacy or nominating petition for the office.
Sec. 4. Minnesota Statutes 2008, section 10A.323, is
amended to read:
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
In addition to
the requirements of section 10A.322, to be eligible to receive a public subsidy
under section 10A.31 a candidate or the candidate's treasurer must file an
affidavit with the board stating that during that calendar year
between January 1 of the election year and the cutoff date for transactions
included in the report of receipts and expenditures due before the primary
election the candidate has accumulated contributions from persons eligible
to vote in this state in at least the amount indicated for the office sought,
counting only the first $50 received from each contributor:
(1) candidates
for governor and lieutenant governor running together, $35,000;
(2) candidates
for attorney general, $15,000;
(3) candidates
for secretary of state and state auditor, separately, $6,000;
(4) candidates
for the senate, $3,000; and
(5) candidates
for the house of representatives, $1,500.
The affidavit
must state the total amount of contributions that have been received from
persons eligible to vote in this state, disregarding the portion of any
contribution in excess of $50.
The candidate or the
candidate's treasurer must submit the affidavit required by this section to the
board in writing by the cutoff date deadline for reporting of
receipts and expenditures before a primary under section 10A.20, subdivision 4.
A candidate for
a vacancy to be filled at a special election for which the filing period does
not coincide with the filing period for the general election must submit the
affidavit required by this section to the board within five days after filing
the affidavit of candidacy.
Sec. 5. Minnesota Statutes 2008, section 203B.06, subdivision
1, is amended to read:
Subdivision
1. Printing
and delivery of forms. Each county
auditor and municipal clerk shall prepare and print a sufficient number of
blank application forms for absentee ballots.
The county auditor or municipal clerk shall deliver a blank application
form to any voter who requests one pursuant to section 203B.04. Blank application forms must be mailed to
eligible voters who have requested an application pursuant to section 203B.04,
subdivision 5 or 6, at least 60 days before:
(1) each
regularly scheduled primary for federal, state, county, city, or school board
office;
(2) each
regularly scheduled general election for city or school board office for which
a primary is not held; and
(3) a
special primary to fill a federal office vacancy or special election to fill a
federal office vacancy, if no major party has more than one candidate after the
time for withdrawal has expired;
or at least 45 days before any other
primary or other election for which a primary is not held.
Sec. 6. Minnesota Statutes 2008, section 203B.081, is
amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible
voter may vote by absentee ballot in the office of the county auditor and at
any other polling place designated by the county auditor during the 46
days before a regularly scheduled election for federal, state, county, city, or
school board office or a special election for a federal office, and during the
30 days before the any other election in the office of the county
auditor and at any other polling place designated by the county auditor. The county auditor shall make such
designations at least 90 days 14 weeks before the election. At least one voting booth in each polling
place must be made available by the county auditor for this purpose. The county auditor must also make available
at least one electronic ballot marker in each polling place that has
implemented a voting system that is accessible for individuals with disabilities
pursuant to section 206.57, subdivision 5.
Sec. 7. Minnesota Statutes 2008, section 203B.13,
subdivision 2, is amended to read:
Subd. 2. Duties. The absentee ballot board may examine all
return absentee ballot envelopes and accept or reject absentee ballots in the
manner provided in section 203B.12.
The absentee
ballot board may begin the process of examining the return envelopes and
marking them "accepted" or "rejected" at any time during
the 30 45 days before the election. If an envelope has been rejected at least
five days before the election, the ballots in the envelope must be considered
spoiled ballots and the official in charge of the absentee ballot board shall
provide the voter with a replacement absentee ballot and return envelope in
place of the spoiled ballot.
Sec. 8. Minnesota Statutes 2008, section 203B.17,
subdivision 1, is amended to read:
Subdivision
1. Submission
of application. (a) An application
for absentee ballots for a voter described in section 203B.16 may be submitted
in writing or by electronic facsimile device, or by electronic mail upon
determination by the secretary of state that security concerns have been adequately
addressed. An application for absentee
ballots for a voter described in section 203B.16 may be submitted by that voter
or by that voter's parent, spouse, sister, brother, or child over the age of 18
years. For purposes of an application
under this subdivision, a person's Social Security number, no matter how it is
designated, qualifies as the person's military identification number if the
person is in the military.
(b) An
application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains
residence.
(c) An
application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter last maintained
residence in Minnesota.
(d) An
application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is
received through the next two regularly scheduled general elections for federal
office held after the date on which the application is received end of
that calendar year.
(e) There shall
be no limitation of time for filing and receiving applications for ballots
under sections 203B.16 to 203B.27.
Sec. 9. Minnesota Statutes 2008, section 203B.22, is
amended to read:
203B.22 MAILING TRANSMITTING BALLOTS.
The county
auditor shall mail transmit the appropriate ballots, as promptly
as possible, to an absent voter whose application has been recorded under
section 203B.19. If the county auditor
determines that a voter is not eligible to vote at the primary but will be
eligible to vote at the general election, only general election ballots shall
be mailed transmitted.
Only one set of ballots shall be mailed transmitted to any
applicant for any election, except that the county auditor may mail
transmit a replacement ballot to a voter whose ballot has been spoiled or
lost in transit or whose mailing address has changed after the date on which
the original application was submitted as confirmed by the county auditor. Ballots to be sent outside the United States
shall be given priority in mailing transmission. A county auditor may make use of any special
service provided by the United States government for the mailing
transmission of voting materials under sections 203B.16 to 203B.27.
Sec. 10. Minnesota Statutes 2008, section 203B.225,
subdivision 1, is amended to read:
Subdivision
1. Transmitting
ballot and certificate of voter eligibility. A voter described in section 203B.16 may
include in an application for absentee ballots a request that the ballots,
instructions, and a certificate of voter eligibility meeting the requirements
of section 203B.21, subdivision 3, be transmitted to the voter
electronically. Upon receipt of a
properly completed application requesting electronic transmission, the county
auditor shall electronically transmit the requested materials to the voter. The county auditor is not required to
provide return postage to voters to whom ballots are transmitted
electronically.
Sec. 11. Minnesota Statutes 2008, section 203B.23,
subdivision 2, is amended to read:
Subd. 2. Duties. The absentee ballot board must examine all
returned absentee ballot envelopes for ballots issued under sections 203B.16 to
203B.27 and accept or reject the absentee ballots in the manner provided in
section 203B.24. If the certificate of
voter eligibility is not printed on the return or administrative envelope, the
certificate must be attached to the ballot secrecy envelope.
The
absentee ballot board must immediately examine the return envelopes and mark
them "accepted" or "rejected" during the 30 45
days before the election. If an envelope
has been rejected at least five days before the election, the ballots in the
envelope must be considered spoiled ballots and the official in charge of the
absentee ballot board must provide the voter with a replacement absentee ballot
and return envelope in place of the spoiled ballot.
Sec. 12. Minnesota Statutes 2008, section 204B.09,
subdivision 1, is amended to read:
Subdivision
1. Candidates
in state and county general elections.
(a) Except as otherwise provided by this subdivision, affidavits of
candidacy and nominating petitions for county, state, and federal offices
filled at the state general election shall be filed not more than 70
84 days nor less than 56 70 days before the state
primary. The affidavit may be prepared
and signed at any time between 60 days before the filing period opens and the
last day of the filing period.
(b)
Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to
administer oaths under section 358.10.
(c) This
provision does not apply to candidates for presidential elector nominated by
major political parties. Major party
candidates for presidential elector are certified under section 208.03. Other candidates for presidential electors
may file petitions on or before the state primary at least 77 days
before the general election day pursuant to section 204B.07. Nominating petitions to fill vacancies in
nominations shall be filed as provided in section 204B.13. No affidavit or petition shall be accepted
later than 5:00 p.m. on the last day for filing.
(d) Affidavits
and petitions for county offices must be filed with the county auditor of that
county. Affidavits and petitions for
federal offices must be filed with the secretary of state. Affidavits and petitions for state offices
must be filed with the secretary of state or with the county auditor of the
county in which the candidate resides.
(e) Affidavits
other than those filed pursuant to subdivision 1a must be submitted by mail or
by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.
Sec. 13. Minnesota Statutes 2008, section 204B.14,
subdivision 2, is amended to read:
Subd. 2. Separate
precincts; combined polling place.
(a) The following shall constitute at least one election precinct:
(1) each city
ward; and
(2) each town
and each statutory city.
(b) A single,
accessible, combined polling place may be established no later than June
May 1 of any year:
(1) for any
city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast
their ballots;
(2) for two
contiguous precincts in the same municipality that have a combined total of
fewer than 500 registered voters;
(3) for up to
four contiguous municipalities located entirely outside the metropolitan area,
as defined by section 200.02, subdivision 24, that are contained in the same
county; or
(4) for noncontiguous precincts
located in one or more counties.
A copy of the
ordinance or resolution establishing a combined polling place must be filed
with the county auditor within 30 days after approval by the governing
body. A polling place combined under
clause (3) must be approved by the governing body of each participating
municipality. A polling place combined
under clause (4) must be approved by the governing body of each participating
municipality and the secretary of state and may be located outside any of the
noncontiguous precincts. A municipality
withdrawing from participation in a combined polling place must do so by filing
a resolution of withdrawal with the county auditor no later than May
April 1 of any year.
The secretary of
state shall provide a separate polling place roster for each precinct served by
the combined polling place. A single set
of election judges may be appointed to serve at a combined polling place. The number of election judges required must
be based on the total number of persons voting at the last similar election in
all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for
the ballots from each precinct. The
results of the election must be reported separately for each precinct served by
the combined polling place, except in a polling place established under clause
(2) where one of the precincts has fewer than ten registered voters, in which
case the results of that precinct must be reported in the manner specified by
the secretary of state.
Sec. 14. Minnesota Statutes 2008, section 204B.14,
subdivision 4, is amended to read:
Subd. 4. Boundary
change procedure. Any change in the
boundary of an election precinct shall must be adopted at least
90 days before the date of the next election and, for the state primary and general
election, no later than June May 1 in the year of the state
general election. The precinct boundary
change shall not take effect until notice of the change has been posted in the
office of the municipal clerk or county auditor for at least 60 days.
The county
auditor must publish a notice illustrating or describing the congressional,
legislative, and county commissioner district boundaries in the county in one
or more qualified newspapers in the county at least 14 days prior to
before the first day to file affidavits of candidacy for the state general
election in the year ending in two.
Alternate dates
for adopting changes in precinct boundaries, posting notices of boundary
changes, and notifying voters affected by boundary changes pursuant to this subdivision,
and procedures for coordinating precinct boundary changes with reestablishing
local government election district boundaries may be established in the manner
provided in the rules of the secretary of state.
Sec. 15. Minnesota Statutes 2008, section 204B.21,
subdivision 1, is amended to read:
Subdivision
1. Appointment
lists; duties of political parties and county auditor. On June 1 May 1 in a year in
which there is an election for a partisan political office, the county or
legislative district chairs of each major political party, whichever is
designated by the state party, shall prepare a list of eligible voters to act
as election judges in each election precinct in the county or legislative
district. The chairs shall furnish the
lists to the county auditor of the county in which the precinct is located.
By June 15
May 15, the county auditor shall furnish to the appointing authorities a
list of the appropriate names for each election precinct in the jurisdiction of
the appointing authority. Separate lists
shall be submitted by the county auditor for each major political party.
Sec. 16. Minnesota Statutes 2008, section 204B.33, is
amended to read:
204B.33 NOTICE OF FILING.
(a) those offices. Within ten days after notification by the
secretary of state, each county auditor shall notify each municipal clerk in
the county of all the offices to be voted for in the county at that election
and the time and place for filing for those offices. The county auditors and municipal clerks
shall promptly post a copy of that notice in their offices.Between
June 1 and July 1 in each even-numbered year At least 15 weeks before
the state primary, the secretary of state shall notify each county auditor
of the offices to be voted for in that county at the next state general
election for which candidates file with the secretary of state. The notice shall include the time and place
of filing for
(b) At least two
weeks before the first day to file an affidavit of candidacy, the county
auditor shall publish a notice stating the first and last dates on which
affidavits of candidacy may be filed in the county auditor's office and the
closing time for filing on the last day for filing. The county auditor shall post a similar
notice at least ten days before the first day to file affidavits of candidacy.
Sec. 17. Minnesota Statutes 2008, section 204B.35,
subdivision 4, is amended to read:
Subd. 4. Absentee
ballots; preparation; delivery. At
least 46 days before a regularly scheduled election for federal, state, county,
city, or school board office or a special election for federal office, and at
least 30 days before any other election, ballots necessary to fill
applications of absentee voters shall be prepared and delivered at least 30
days before the election to the officials who administer the provisions of
chapter 203B.
This section
applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or
wholly within the school district.
Sec. 18. Minnesota Statutes 2008, section 204B.45,
subdivision 2, is amended to read:
Subd. 2. Procedure. Notice of the election and the special mail
procedure must be given at least six weeks prior to the election. Not more than 46 days nor later than 14
days before a regularly scheduled election for federal, state, county, city, or
school board office or a special election for federal office and not more
than 30 days nor later than 14 days prior to the before any other
election, the auditor shall mail ballots by nonforwardable mail to all voters
registered in the town or unorganized territory. No later than 14 days before the election, the
auditor must make a subsequent mailing of ballots to those voters who register
to vote after the initial mailing but before the 20th day before the
election. Eligible voters not registered
at the time the ballots are mailed may apply for ballots as provided in chapter
203B. Ballot return envelopes, with
return postage provided, must be preaddressed to the auditor or clerk and the
voter may return the ballot by mail or in person to the office of the auditor
or clerk. The auditor or clerk may
appoint election judges to examine the return envelopes and mark them
"accepted" or "rejected" during the 30 45
days before the election. If an envelope
has been rejected at least five days before the election, the ballots in the
envelope must be considered spoiled ballots and the auditor or clerk shall
provide the voter with a replacement ballot and return envelope in place of the
spoiled ballot. The costs of the mailing
shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day
of the election must be counted.
Sec. 19. Minnesota Statutes 2008, section 204C.26,
subdivision 3, is amended to read:
Subd. 3. Secretary
of state. On or before July 1 of
No later than ten weeks before the state primary in each even-numbered
year, the secretary of state shall prescribe the form for summary statements of
election returns and the methods by which returns for the state primary and
state general election shall be recorded by precinct, county, and state
election officials. Each county auditor
and municipal or school district clerk required to furnish summary statements
shall prepare them in the manner prescribed by the secretary of state. The summary statement of the primary returns
shall be in the same form as the summary statement of the general election
returns except that a separate part of the summary statement shall be provided
for the partisan primary ballot and a separate part for the nonpartisan primary
ballot.
Sec. 20. Minnesota Statutes 2008, section 204D.03,
subdivision 1, is amended to read:
Subdivision
1. State
primary. The state primary shall be
held on the first second Tuesday after the second Monday in
September in August in each even-numbered year to select the
nominees of the major political parties for partisan offices and the nominees
for nonpartisan offices to be filled at the state general election, other than
presidential electors.
Sec. 21. Minnesota Statutes 2008, section 204D.09,
subdivision 1, is amended to read:
Subdivision
1. Example
ballot. (a) No later than June 1
May 1 of each year, the secretary of state shall supply each auditor with a
copy of an example ballot. The example
ballot must illustrate the format required for the ballots used in the primary
and general elections that year.
(b) The county
auditor shall distribute copies of the example ballot to municipal and school
district clerks in municipalities and school districts holding elections that year. The official ballot must conform in all
respects to the example ballot.
Sec. 22. Minnesota Statutes 2008, section 204D.17, is
amended to read:
204D.17 REPRESENTATIVE IN CONGRESS; STATE
SENATOR; STATE REPRESENTATIVE; VACANCY IN OFFICE; SPECIAL ELECTION.
Subdivision
1. Special
elections; exceptions. A vacancy in
the office of representative in Congress or state senator or state
representative shall be filled for the unexpired term by special election upon
the writ of the governor as provided in sections 204D.17 to 204D.27; except
that if Congress or the legislature will not be in session before the
expiration of the vacant term no special election is required.
Subd. 2. Two or
more vacancies. Two or more
vacancies may be filled at the same special election and the candidates may be
nominated at the same special primary.
Any special primary or special election held pursuant to sections
204D.17 to 204D.27 may be held on the same day as any other election.
Sec. 23. Minnesota Statutes 2008, section 204D.19, is
amended to read:
204D.19 SPECIAL ELECTIONS; WHEN HELD.
Subdivision
1. Vacancy
filled at general election. When a
vacancy occurs more than 150 days before the next state general election, and
the Congress or the legislature will not be in session before the final
canvass of the state general election returns, the vacancy shall be filled at
the next state general election.
Subd. 2. Special
election when Congress or legislature will be in session. Except for vacancies in the legislature which
occur at any time between the last day of session in an odd-numbered year and
the 40th day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the Congress or
legislature will be in session so that the individual elected as provided by
this section could take office and exercise the duties of the office
immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as soon as
possible, consistent with the notice requirements of section 204D.22,
subdivision 3, but in no event more than 35 days after the issuance of the
writ.
Subd. 3. Special
election at other times. When a
vacancy occurs at a time other than those described in subdivisions 1 and 2 the
governor shall issue a writ, calling for a special election to be held so that
the individual elected may take office at the opening of the next session of
the Congress or of the legislature, or at the reconvening of a session of
the Congress or of the legislature.
Subd. 4. Writ
when vacancy results from election contest.
If a vacancy results from a successful election contest, the governor
shall issue 22 days after the first day of the legislative session a writ
calling for a special election unless the house in which the contest may be
tried has passed a resolution which states that it will or will not review the
court's determination of the contest. If
the resolution states that the house will not review the court's determination,
the writ shall be issued within five days of the passage of the resolution.
Sec. 24. Minnesota Statutes 2008, section 204D.28,
subdivision 5, is amended to read:
Subd. 5. Regular
state primary. "Regular state
primary" means:
(a) the state
primary at which candidates are nominated for offices elected at the state
general election; or
(b) a primary
held four weeks before the first on the second Tuesday after
the first Monday in November in August of odd-numbered years.
Sec. 25. Minnesota Statutes 2008, section 204D.28,
subdivision 6, is amended to read:
Subd. 6. Special
election required; exception; when held.
Every vacancy shall be filled for the remainder of the term by a special
election held pursuant to this subdivision; except that no special election
shall be held in the year before the term expires.
The special
election shall be held at the next November election if the vacancy occurs at
least six 11 weeks before the regular state primary preceding
that election. If the vacancy occurs
less than six 11 weeks before the regular state primary preceding
the next November election, the special election shall be held at the second
November election after the vacancy occurs.
Sec. 26. Minnesota Statutes 2008, section 204D.28,
subdivision 8, is amended to read:
Subd. 8. Notice
of special election. The secretary
of state shall issue an official notice of any special election required to be
held pursuant to this section not later than ten 16 weeks before
the special primary, except that if the vacancy occurs ten 16
weeks or less before the special primary, the secretary of state shall issue
the notice no later than two days after the vacancy occurs. The notice shall state the office to be
filled, the opening and closing dates for filing of candidacy and the dates of
the special primary and special election.
For the purposes of those provisions of sections 204D.17 to 204D.27 that
apply generally to special elections, this notice shall be used in place of the
writ of the governor.
Sec. 27. Minnesota Statutes 2008, section 204D.28,
subdivision 9, is amended to read:
Subd. 9. Filing
by candidates. The time for filing
of affidavits and nominating petitions for candidates to fill a vacancy at a
special election shall open six 12 weeks before the special
primary or on the day the secretary of state issues notice of the special
election, whichever occurs later.
Filings shall close four ten weeks before the special
primary.
Sec. 28. [204D.29]
REPRESENTATIVE IN CONGRESS VACANCY.
Subdivision
1. Scope;
definition. (a) A vacancy in
the office of representative in Congress must be filled as specified in this
section.
(b)
"Vacancy," as used in this section, means a vacancy in the office of
representative in Congress.
Subd. 2.
Vacancy 27 weeks or more
before state primary. (a) If
a vacancy occurs 27 weeks or more before the state primary, the governor must
issue a writ within three days of the vacancy for a special election for that office
to be held between 20 and 24 weeks of the vacancy, but not fewer than 47 days
before a state primary. A special
primary must be held 11 weeks before the special election or on the second
Tuesday in August if the general election is held on the first Tuesday after
the first Monday in November if any major party has more than one candidate
after the time for withdrawal has expired.
(b) The filing period for a
special election under this subdivision must end on or before the 131st day
before the special election. Minor party
and independent candidates must submit their petitions by the last day for
filing and signatures on the petitions must be dated from the date of the
vacancy through the last day for filing.
There must be a one-day period for withdrawal of candidates after the
last day for filing.
Subd. 3.
Vacancy more than 22 weeks but
fewer than 27 weeks before state primary. (a) If a vacancy occurs more than 22 weeks
but fewer than 27 weeks before the state primary, the governor must issue a writ
within three days of the vacancy for a special election for that office to be
held on the day of the state primary with a special primary held 11 weeks
before the state primary, if any major party has more than one candidate after
the time for withdrawal has expired. The
regularly scheduled election to fill the next full term shall proceed pursuant
to law.
(b) The
filing period for a special election under this subdivision must end on or
before the 147th day before the state primary.
Minor party and independent candidates must submit their petitions by
the last day for filing and signatures on the petitions must be dated from the
date of the vacancy through the last day for filing. There must be a one-day period for withdrawal
of candidates after the last day for filing.
Candidates for a special election under this subdivision are not subject
to the prohibition in section 204B.06 against having more than one affidavit of
candidacy on file for the same election.
(c) The
winner of a special election on the day of the state primary under this
subdivision shall serve the remainder of the vacant term and is eligible to be
seated in Congress upon issuance of the certificate of election. The winner of the regularly scheduled term
for that office at the general election shall take office on the day new
members of Congress take office.
Subd. 4.
Vacancy 22 or fewer weeks
before state primary but before general election day. (a) If a vacancy occurs from 22 weeks
before the state primary to the day before the general election, no special
election will be held. The winner of the
general election for the next full term for that office will serve the
remainder of the unexpired term and is eligible to be seated in Congress immediately
upon issuance of a certificate of election.
(b) If the
incumbent filed an affidavit of candidacy for reelection as the candidate of a
major political party and was nominated for the general election ballot by that
party and a vacancy occurs from the day of the state primary until the date of
the general election, there is a vacancy in nomination to be resolved pursuant
to section 204B.13.
Subd. 5.
Vacancy on or after election
day and before the day new members of Congress take office. (a) If a vacancy occurs between the day of
the general election and the day new members of Congress take office and the
incumbent was not the winner of the general election, the winner of the general
election for the next full term for that office is eligible to be seated in
Congress immediately upon issuance of a certificate of election or the vacancy,
whichever occurs last.
(b) If a
vacancy occurs on or after election day but before the day new members of
Congress take office and the incumbent was the winner of the general election,
the vacancy must be filled pursuant to subdivision 2.
Sec. 29. Minnesota Statutes 2008, section 205.065,
subdivision 1, is amended to read:
Subdivision
1. Establishing
primary. A municipal primary for the
purpose of nominating elective officers may be held in any city on the first
second Tuesday after the second Monday in September in August
of any year in which a municipal general election is to be held for the purpose
of electing officers.
Sec. 30. Minnesota Statutes 2008, section 205.065,
subdivision 2, is amended to read:
Subd. 2. Resolution
or ordinance. The governing body of
a city may, by ordinance or resolution adopted at least three months before
the next by April 15 in the year when a municipal general election
is held, elect to choose nominees for municipal offices by a primary as
provided in this section. The resolution
or ordinance, when adopted, is effective for all ensuing municipal elections
until it is revoked. The municipal clerk
shall notify the secretary of state and the county auditor within 30 days after
the adoption of the resolution or ordinance.
Sec. 31. Minnesota Statutes 2008, section 205.13,
subdivision 1a, is amended to read:
Subd. 1a. Filing
period. In municipalities
a city nominating candidates at a municipal primary, an affidavit of
candidacy for a city office or town office voted on in November must be
filed not no more than 70 84 days nor less than 56
70 days before the first Tuesday after the second Monday in September
preceding the municipal general election city primary. In all other municipalities that do
not hold a primary, an affidavit of candidacy must be filed not
no more than 70 days and not less than 56 days before the municipal general
election held in March in any year, or a special election not held in
conjunction with another election, and no more than 91 days nor less than 77
days before the municipal general election held in November of any year.
Sec. 32. Minnesota Statutes 2008, section 205.16,
subdivision 4, is amended to read:
Subd. 4. Notice
to auditor. At least 53 74
days prior to before every municipal election held in
connection with a regularly scheduled election for federal, state, county,
city, or school board office or a special election for federal office, and at
least 53 days before any other municipal election, the municipal clerk
shall provide a written notice to the county auditor, including the date of the
election, the offices to be voted on at the election, and the title and
language for each ballot question to be voted on at the election. Not less than 46 At least 74
days before the a regularly scheduled election for federal, state,
county, city, or school board office or a special election for federal office,
and at least 46 days before any other election, the municipal clerk must
provide written notice to the county auditor of any special election canceled
under section 205.10, subdivision 6.
Sec. 33. Minnesota Statutes 2008, section 205.16, subdivision
5, is amended to read:
Subd. 5. Notice
to secretary of state. At least 46
74 days prior to before every municipal election held in
conjunction with a regularly scheduled election for federal, state, county,
city, or school board office or a special election for federal office, and at
least 46 days before any other municipal election for which a notice is
provided to the county auditor under subdivision 4, the county auditor shall
provide a notice of the election to the secretary of state, in a manner and
including information prescribed by the secretary of state.
Sec. 34. Minnesota Statutes 2008, section 205A.03,
subdivision 1, is amended to read:
Subdivision
1. Resolution
requiring primary in certain circumstances.
The school board of a school district may, by resolution adopted by June
1 April 15 of any year, decide to choose nominees for school board
by a primary as provided in this section.
The resolution, when adopted, is effective for all ensuing elections of
board members in that school district until it is revoked. If the board decides to choose nominees by
primary and if there are more than two candidates for a specified school board
position or more than twice as many school board candidates as there are
at-large school board positions available, the school district must hold a
primary.
Sec. 35. Minnesota Statutes 2008, section 205A.03,
subdivision 2, is amended to read:
Subd. 2. Date. The school district primary must be held on
the first second Tuesday after the second Monday in September
in August in the year when the school district general election is
held. The clerk shall give notice of the
primary in the manner provided in section 205A.07.
Sec. 36. Minnesota Statutes 2008, section 205A.05,
subdivision 3, is amended to read:
Subd. 3. Cancellation. A special election ordered by the school
board on its own motion under subdivision 1 may be canceled by motion of the
school board, but not less than 46 74 days before the
an election held in conjunction with a regularly scheduled election for
federal, state, county, city, or school board office or a special election for
federal office, or 46 days before any other election.
Sec. 37. Minnesota Statutes 2008, section 205A.06,
subdivision 1a, is amended to read:
Subd. 1a. Filing
period. In school districts that
have adopted a resolution to choose nominees for school board by a primary
election, affidavits of candidacy must be filed with the school district clerk
no earlier than the 70th 84th day and no later than the 56th
70th day before the first second Tuesday after the second
Monday in September in August in the year when the school district
general election is held. In all other
school districts, affidavits of candidacy must be filed no earlier than the 70th
91st day and no later than the 56th 77th day before the
school district general election.
Sec. 38. Minnesota Statutes 2008, section 205A.07,
subdivision 3, is amended to read:
Subd. 3. Notice
to auditor. At least 53 74
days prior to before every school district election held in
conjunction with a regularly scheduled election for federal, state, county,
city, or school board office or a special election for federal office, and at
least 53 days before any other school district election, the school
district clerk shall provide a written notice to the county auditor of each
county in which the school district is located.
The notice must include the date of the election, the offices to be
voted on at the election, and the title and language for each ballot question
to be voted on at the election. For the
purposes of meeting the timelines of this section, in a bond election, a
notice, including a proposed question, may be provided to the county auditor prior
to before receipt of a review and comment from the commissioner of
education and prior to before actual initiation of the
election. Not less than 46 74
days before the an election held in conjunction with a regularly
scheduled election for federal, state, county, city, or school board office or
a special election for federal office, or 46 days before any other
election, the school district clerk must provide written notice to the county
auditor of any special election canceled under section 205A.05, subdivision 3.
Sec. 39. Minnesota Statutes 2008, section 205A.07,
subdivision 3a, is amended to read:
Subd. 3a. Notice
to commissioner of education. At
least 49 74 days prior to before every school
district election held in conjunction with a regularly scheduled election
for federal, state, county, city, or school board office or a special election
for federal office, and at least 49 days before any other school district
election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the
school district clerk shall provide a written notice to the commissioner of
education. The notice must include the
date of the election and the title and language for each ballot question to be
voted on at the election. Not less than 46
74 days before the every school district election held in
conjunction with a regularly scheduled election for federal, state, county,
city, or school board office or a special election for federal office, and at
least 46 days before any other school district election, the school
district clerk must provide a written notice to the commissioner of education
of any special election canceled under section 205A.05, subdivision 3. The certified vote totals for each ballot
question shall be provided in a written notice to the commissioner in a timely
manner.
Sec. 40. Minnesota Statutes 2008, section 205A.07,
subdivision 3b, is amended to read:
Subd. 3b. Notice
to secretary of state. At least 46
74 days prior to before every school district election held
in conjunction with a regularly scheduled election for federal, state, county,
city, or school board office or a special election for federal office, and at
least 46 days before any other school district election for which a notice
is provided to the county auditor under subdivision 3, the county auditor shall
provide a notice of the election to the secretary of state, in a manner and
including information prescribed by the secretary of state.
Sec. 41. Minnesota Statutes 2008, section 205A.11,
subdivision 2a, is amended to read:
Subd. 2a. Notice
of special elections. The school
district clerk shall prepare a notice to the voters who will be voting in a
combined polling place for a school district special election. The notice must include the following
information: the date of the election,
the hours of voting, and the location of the voter's polling place. The notice must be sent by nonforwardable
mail to every affected household in the school district with at least one
registered voter. The notice must be
mailed no later than 14 days before the election. The mailed notice is not required for a school
district special election that is held on the day of the school district
primary or general election, the second Tuesday following the
second Monday in September August, the Tuesday following the
first Monday in November, or for a special election conducted entirely by
mail. In addition, the mailed notice is
not required for voters residing in a township if the school district special
election is held on the second Tuesday in March and the town general election
is held on that day. A notice that is
returned as undeliverable must be forwarded immediately to the county auditor.
Sec. 42. Minnesota Statutes 2008, section 206.61,
subdivision 5, is amended to read:
Subd. 5. Alternation. The provisions of the election laws requiring
the alternation of names of candidates must be observed as far as practicable
by changing the order of the names on an electronic voting system in the
various precincts so that each name appears on the machines or marking devices
used in a municipality substantially an equal number of times in the first,
last, and in each intermediate place in the list or group in which they
belong. However, the arrangement of
candidates' names must be the same on all voting systems used in the same
precinct. If the number of names to be
alternated exceeds the number of precincts, the election official responsible
for providing the ballots, in accordance with subdivision 1, shall determine by
lot the alternation of names.
If an
electronic ballot marker is used with a paper ballot that is not an optical
scan ballot card, the manner of alternation of candidate names on the paper
ballot must be as prescribed for optical scan ballots in this subdivision.
The rules
adopted by the secretary of state for the rotation of candidate names must use
the number of registered voters in each precinct as of 8:00 a.m. on May 1 of
the year when the rotation will be made as the basis for determining the
rotation of names.
Sec. 43. Minnesota Statutes 2009 Supplement, section
206.82, subdivision 2, is amended to read:
Subd. 2. Plan. The municipal clerk in a municipality where
an electronic voting system is used and the county auditor of a county in which
an electronic voting system is used in more than one municipality and the
county auditor of a county in which a counting center serving more than one
municipality is located shall prepare a plan which indicates acquisition of
sufficient facilities, computer time, and professional services and which
describes the proposed manner of complying with section 206.80. The plan must be signed, notarized, and
submitted to the secretary of state more than 60 days before the first election
at which the municipality uses an electronic voting system. Prior to July Before May 1 of
each subsequent general election year, the clerk or auditor shall submit to the
secretary of state notification of any changes to the plan on file with the
secretary of state. The secretary of
state shall review each plan for its sufficiency and may request technical
assistance from the Office of Enterprise Technology or other agency which may
be operating as the central computer authority.
The secretary of state shall notify each reporting authority of the
sufficiency or insufficiency of its plan within 20 days of receipt of the
plan. The attorney general, upon request
of the secretary of state, may seek a district court order requiring an
election official to fulfill duties imposed by this subdivision or by rules
promulgated pursuant to this section.
Sec. 44. Minnesota Statutes 2008, section 208.03, is
amended to read:
208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
Presidential
electors for the major political parties of this state shall be nominated by
delegate conventions called and held under the supervision of the respective
state central committees of the parties of this state. On or before primary At least 77
days before the general election day the chair of the major political party
shall certify to the secretary of state the names of the persons nominated as
presidential electors, the names of eight alternate presidential electors, and
the names of the party candidates for president and vice president.
Sec. 45. Minnesota Statutes 2008, section 211B.045, is
amended to read:
211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
In any
municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs, all noncommercial signs of any size
may be posted in any number from August 1 46 days before the state
primary in a state general election year until ten days following the state
general election.
Sec. 46. Minnesota Statutes 2008, section 410.12,
subdivision 1, is amended to read:
Subdivision
1. Proposals. The charter commission may propose amendments
to such charter and shall do so upon the petition of voters equal in number to
five percent of the total votes cast at the last previous state general
election in the city. Proposed charter
amendments must be submitted at least 12 17 weeks before the
general election. Only registered voters
are eligible to sign the petition. All
petitions circulated with respect to a charter amendment shall be uniform in character
and shall have attached thereto the text of the proposed amendment in full;
except that in the case of a proposed amendment containing more than 1,000
words, a true and correct copy of the same may be filed with the city clerk,
and the petition shall then contain a summary of not less than 50 nor more than
300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the
objects and purposes of the amendment proposed and an outline of any proposed
new scheme or frame work of government and shall be sufficient to inform the
signers of the petition as to what change in government is sought to be
accomplished by the amendment. The
summary, together with a copy of the proposed amendment, shall first be
submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after
such submission to it, return the same to the proposers of the amendment with
such modifications in statement as it may deem necessary in order that the
summary may fairly comply with the requirements above set forth.
Sec. 47. Minnesota Statutes 2008, section 447.32,
subdivision 4, is amended to read:
Subd. 4. Candidates;
ballots; certifying election. A
person who wants to be a candidate for the hospital board shall file an
affidavit of candidacy for the election either as member at large or as a
member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with
the city or town clerk not more than 70 91 days nor less than 56
77 days before the first Tuesday after the first Monday in November of the
year in which the general election is held.
The city or town clerk must forward the affidavits of candidacy to the
clerk of the hospital district or, for the first election, the clerk of the
most populous city or town immediately after the last day of the filing
period. A candidate may withdraw from
the election by filing an affidavit of withdrawal with the clerk of the
district no later than 5:00 p.m. two days after the last day to file affidavits
of candidacy.
Voting must be
by secret ballot. The clerk shall
prepare, at the expense of the district, necessary ballots for the election of
officers. Ballots must be printed on tan
paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by
at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed
on the ballot provided for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to
receive the votes at each polling place.
The election judges shall act as clerks of election, count the ballots
cast, and submit them to the board for canvass.
After canvassing
the election, the board shall issue a certificate of election to the candidate
who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the
person entitled to it in person or by certified mail. Each person certified shall file an
acceptance and oath of office in writing with the clerk within 30 days after
the date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.
Sec. 48. EFFECTIVE
DATE.
This act is
effective the day following final enactment."
Delete the title
and insert:
"A bill for
an act relating to elections; changing the date of the state primary; changing
certain primary-related dates and provisions; amending Minnesota Statutes 2008,
sections 10A.31, subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323;
203B.06, subdivision 1; 203B.081; 203B.13, subdivision 2; 203B.17, subdivision
1; 203B.22; 203B.225, subdivision 1; 203B.23, subdivision 2; 204B.09,
subdivision 1; 204B.14, subdivisions 2, 4; 204B.21, subdivision 1; 204B.33;
204B.35, subdivision 4; 204B.45, subdivision 2; 204C.26, subdivision 3;
204D.03, subdivision 1; 204D.09, subdivision 1; 204D.17; 204D.19; 204D.28,
subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.13, subdivision 1a; 205.16,
subdivisions 4, 5; 205A.03, subdivisions 1, 2; 205A.05, subdivision 3; 205A.06,
subdivision 1a; 205A.07, subdivisions 3, 3a, 3b; 205A.11, subdivision 2a;
206.61, subdivision 5; 208.03; 211B.045; 410.12, subdivision 1; 447.32,
subdivision 4; Minnesota Statutes 2009 Supplement, section 206.82, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 204D."
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Thissen from the
Committee on Health Care and Human Services Policy and Oversight to which was
referred:
H. F. No. 2562,
A bill for an act relating to human services; extending and modifying
eligibility for the COBRA premium state subsidy; amending Laws 2009, chapter
79, article 5, section 78, subdivisions 1, 5.
Reported the
same back with the following amendments:
Page 1, delete
section 1
Page 2, line 1,
delete "Sec. 2." and insert "Section 1."
Page 2, after
line 2, insert:
"Sec.
2. COBRA
CARRY FORWARD.
Unexpended
funds appropriated in fiscal year 2010 for COBRA grants under Laws 2009,
chapter 79, article 5, section 78, do not cancel and are available to the
commissioner of human services for fiscal year 2011 COBRA grant
expenditures. Up to $....... of the
unexpended funds may be used by the commissioner of human services for costs
related to administration of the COBRA grants."
Amend the title as follows:
Page 1, line 2,
delete "and modifying"
Page 1, line 3,
after the semicolon, insert "authorizing carry forward of unexpended funds
for COBRA grants;"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Carlson from
the Committee on Finance to which was referred:
H. F. No. 2700,
A bill for an act relating to capital improvements; authorizing spending to
acquire and better public land and buildings and other improvements of a
capital nature with certain conditions; establishing new programs and modifying
existing programs; authorizing the sale and issuance of state bonds; cancelling
and modifying previous appropriations; appropriating money; amending Minnesota
Statutes 2008, sections 103F.515, by adding a subdivision; 174.50, subdivisions
6, 7; 462A.36, by adding subdivisions; Minnesota Statutes 2009 Supplement,
section 16A.86, subdivision 3a; Laws 2005, chapter 20, article 1, sections 19,
subdivision 4; 23, subdivision 12, as amended; Laws 2006, chapter 258, sections
8, subdivision 4; 17, subdivision 5; Laws 2008, chapter 179, section 5,
subdivision 4; Laws 2008, chapter 365, section 4, subdivision 3; Laws 2009,
chapter 93, article 1, sections 11, subdivision 5; 20; proposing coding for new
law in Minnesota Statutes, chapters 16A; 16B; repealing Laws 2009, chapter 93,
article 1, section 45.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE 1
CAPITAL
IMPROVEMENTS
Section
1. CAPITAL
IMPROVEMENT APPROPRIATIONS.
The sums shown in the column under
"Appropriations" are appropriated from the bond proceeds fund, or
another named fund, to the state agencies or officials indicated, to be spent
for public purposes. Appropriations of
bond proceeds must be spent as authorized by the Minnesota Constitution,
article XI, section 5, paragraph (a), to acquire and better public land and buildings
and other public improvements of a capital nature, or as authorized by the
Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or
article XIV. Unless otherwise specified,
state agencies or officials may spend a portion of an appropriation under this
article to pay for the capital costs of staff directly attributable to the
capital project or projects funded by the appropriation consistent with
policies adopted by the Department of Management and Budget. Unless otherwise specified, the
appropriations in this act are available until the project is completed or
abandoned subject to Minnesota Statutes, section 16A.642.
SUMMARY
University of Minnesota $77,001,000
Minnesota State Colleges and
Universities 343,838,000
Education
Minnesota State Academies 2,500,000
Perpich Center for Arts Education 1,244,000
Natural Resources 73,588,000
Pollution Control Agency 17,411,000
Board of Water and Soil Resources 2,500,000
Zoological Garden 32,500,000
Administration 10,000,000
Minnesota Amateur Sports Commission 4,000,000
Military Affairs 11,900,000
Public Safety 16,050,000
Transportation 164,452,000
Metropolitan Council 74,295,000
Health 5,000,000
Human Services 5,125,000
Veterans Affairs 9,975,000
Corrections 11,529,000
Employment and Economic Development 126,668,000
Public Facilities Authority 60,000,000
Housing Finance Agency 10,000,000
Minnesota Historical Society 14,257,000
Bond Sale Expenses 1,035,000
Cancellations (27,562,000)
TOTAL $1,055,086,000
Bond Proceeds Fund (General Fund Debt
Service) 856,002,000
Bond Proceeds Fund (User Financed
Debt Service) 98,121,000
Maximum Effort School Loan Fund
State Transportation Fund 67,000,000
Trunk Highway Fund Bond Proceeds
Account 32,945,000
Trunk Highway Fund 22,800,000
Bond Proceeds Cancellations (9,062,000)
Trunk Highway Bond Proceeds
Cancellations (18,500,000)
APPROPRIATIONS
Sec.
2. UNIVERSITY
OF MINNESOTA
Subdivision
1. Total Appropriation $77,001,000
To the Board of Regents of the
University of Minnesota for the purposes specified in this section.
Subd. 2. Higher
Education Asset Preservation and Replacement (HEAPR) 40,000,000
To be spent in accordance with
Minnesota Statutes, section 135A.046.
Subd.
3. Twin Cities Campus
Folwell Hall 20,000,000
To design, renovate, furnish, and
equip the interior of Folwell Hall for teaching and research space for College
of Liberal Arts programs.
Subd.
4. Duluth Campus
American Indian Learning Resource Center 6,667,000
To design, construct, furnish, and
equip an American Indian Learning Resource Center to colocate existing programs
and provide academic, classrooms, computer lab, and other spaces.
Subd.
5. Itasca Biological Station
Campus Center 3,667,000
To design, construct, furnish, and
equip a campus center at the Itasca field station with classrooms, labs,
library, auditorium and other spaces to replace deteriorating single-function
buildings.
Subd. 6. Laboratory Renovation 6,667,000
To renovate, furnish, and equip
laboratory facilities on the Crookston, Duluth, Morris, and Twin Cities
campuses.
Subd.
7. University Share
Except for Higher Education Asset
Preservation and Replacement (HEAPR) under subdivision 2, the appropriations in
this section are intended to cover approximately two-thirds of the cost of each
project. The remaining costs must be
paid from university sources.
Subd.
8. Unspent Appropriations
Upon substantial completion of a
project authorized in this section and after written notice to the commissioner
of management and budget, the Board of Regents must use any money remaining in
the appropriation for that project for HEAPR under Minnesota Statutes, section
135A.046. The Board of Regents must
report by February 1 of each even-numbered year to the chairs of the house of
representatives and senate committees with jurisdiction over capital investment
and higher education finance, and to the chairs of the house of representatives
Ways and Means and Finance Committees and the senate Finance Committee, on how
the remaining money has been allocated or spent.
Sec. 3. MINNESOTA
STATE COLLEGES AND UNIVERSITIES
Subdivision
1. Total Appropriation $343,838,000
To the Board of Trustees of the
Minnesota State Colleges and Universities for the purposes specified in this
section.
Subd. 2. Higher
Education Asset Preservation and Replacement (HEAPR) 60,000,000
To be spent in accordance with
Minnesota Statutes, section 135A.046.
Subd.
3. Alexandria Technical College
Main Building Renovation and Addition 4,363,000
To complete design, construct,
renovate, furnish, and equip an infill addition for the library, student
services, and student commons.
Subd.
4. Anoka Ramsey Community College, Coon Rapids
(a) Fine Arts
Building Renovation 5,357,000
To complete design, renovate, furnish,
and equip the Fine Arts classroom and lab building.
(b)
To complete design, construct,
furnish, and equip a Bioscience and Allied Health addition and renovation to
support Science Technology and Math (STEM) and nursing program initiatives.
Subd.
5. Bemidji State University
Business Building Addition Design and Demolition 3,425,000
To design an addition to and
renovation of Hobson Hall; to design renovation of Memorial Hall and a portion
of Deputy Hall; to design the demolition of three obsolete buildings; and to
demolish Maple Hall.
Subd.
6. Dakota County Technical College
Transportation and Emerging Technologies Lab 7,230,000
To complete design, renovate, furnish,
and equip the transportation and emerging technologies classrooms, laboratories,
and related spaces.
Subd. 7. Hennepin
Technical College, Eden Prairie, Brooklyn Park
Learning Resource and Student Services Renovation 10,566,000
To renovate, furnish, and equip
existing space at the Brooklyn Park and Eden Prairie campuses for a Library and
Learning Resource Center and student services with an addition and new
entrances at both campuses.
Subd.
8. Lake Superior College
Health Science Center 12,098,000
To construct, renovate, furnish, and
equip a new Health and Science Center addition and to design renovation of
existing spaces.
Subd.
9. Metropolitan State University
(a) Classroom
Center 5,860,000
To construct, furnish, and equip
technology-enhanced classrooms and academic offices located above the power
plant building. This appropriation
includes money to demolish the power plant annex to enable the new
construction.
(b) Science
Education Center Design and Property Acquisition 3,444,000
To design for construction and to
acquire adjacent property for a Science Education Center.
Subd. 10. Minneapolis Community and Technical
College
Workforce Program Renovation 12,990,000
To complete design, renovate, furnish,
and equip instructional space, support space, and infrastructure for workforce
programs.
Subd. 11. Minnesota
State Community and Technical College, Moorhead
Library and Classroom Addition 5,448,000
To complete design, construct,
furnish, and equip a classroom and library addition, and to demolish obsolete space.
Subd.
12. Minnesota State University, Moorhead
Livingston Lord Library and Information
Technology Renovation 14,901,000
To complete design, renovate, furnish,
and equip Livingston Lord Library.
Subd.
13. Minnesota State University, Mankato
Clinical Science Building Design 1,908,000
To design for construction a Clinical
Science Building.
Subd. 14. Minnesota
West Community and Technical College, Worthington
Fieldhouse Renovation 4,641,000
To construct, renovate, furnish, and
equip an addition to and renovation of the Fieldhouse.
Subd. 15. Minnesota
West Community and Technical College, Canby
Wind Turbine Training Facility 4,000,000
To acquire land and for preliminary
engineering, design to acquire, construct, and install a commercial scale wind
turbine for the wind energy technology program.
Subd.
16. NHED Mesabi Range Community and Technical College, Eveleth
Shop Space Addition 5,477,000
To construct, furnish, and equip shop
space for the industrial mechanical technology and carpentry programs. This appropriation includes funding for
renovation of existing space for Americans with Disabilities Act (ADA)
compliance.
Subd. 17. NHED
Mesabi Range Community and Technical College, Virginia
Iron Range
Engineering Program Facilities 3,000,000
Predesign, design, construct,
furnish, and equip an addition to and renovation of existing space for
laboratories, flexible classrooms, and office space for the engineering program
on the Virginia campus.
Subd.
18. Normandale Community College
Academic Partnership
Center and Student Services 22,984,000
To design, construct, furnish, and
equip a new building for classrooms and offices and to design renovation of the
Student Services Building.
Subd.
19. North Hennepin Community College
(a) Bioscience
and Health Careers Center Addition 26,581,000
To complete design, construct,
furnish, and equip a new building for Bioscience and Health Careers Center
laboratory and classroom space.
(b) Center for
Business and Technology 14,782,000
To construct, furnish, and equip an
addition to the Center for Business and Technology and to renovate existing
space for classrooms and related space.
Subd.
20. Ridgewater Community Technical College, Willmar
Technical
Instruction Renovation 14,300,000
To design, renovate, furnish, and
equip classroom and existing instructional lab space and construct an addition
for circulation; and to demolish obsolete space.
Subd.
21. Rochester Community Technical College
Workforce Center
Colocation 8,500,000
To complete design, construct, and
renovate heating, ventilation, and air conditioning systems for the Heintz
Center and the Minnesota Workforce Center addition.
Subd. 22. South Central College, Faribault
13,360,000
Classroom Renovation
and Addition
To complete design, construct,
renovate, furnish, and equip an addition, and to renovate space for classrooms,
a learning resource center, related spaces, and laboratories.
Subd.
23. Southwest Minnesota State University
Science Lab
Renovation 5,666,000
To complete design, renovate,
furnish, and equip the Science and Math building and an addition to the Plant
Science building.
Subd.
24. St. Cloud State University
Integrated Science
and Engineering Laboratory Facility 42,334,000
To complete design, construct,
furnish, and equip Integrated Science and Engineering Laboratory Facility.
Subd.
25. St. Cloud Technical College
Allied Health Center
Renovation 5,421,000
To complete design, renovate,
furnish, and equip an Allied Health Center.
Subd.
26. Systemwide Initiatives
(a) Classroom
Initiative and Demolition 3,883,000
To design, renovate, furnish, and
equip classrooms and academic space statewide and demolish obsolete space. Campuses may use internal and nonstate funds
to increase the size of the projects.
This appropriation may be used at the following campuses: Central Lakes College, Brainerd; Minnesota
State Community Technical College, Wadena and Moorhead; Minnesota West
Community Technical College, Pipestone; Northland Community Technical College,
Thief River Falls; Pine Technical College, Pine City; and Rochester Community
Technical College, Rochester.
(b) Science,
Technology, Engineering, and Math Initiative 4,835,000
To design, renovate, furnish, and
equip science laboratories and classrooms at campuses statewide. Campuses may use internal and nonstate funds
to increase the size of the projects.
This appropriation may be used at the following campuses: Bemidji State University; Century College;
Minnesota State Community and Technical College, Moorhead; Minnesota State
University, Moorhead; Northeast Higher
Education District, Hibbing College, Itasca Community College, and Mesabi Range
Eveleth; Northwest Technical College; South Central College, North Mankato.
Subd.
27. Debt Services
(a) Except as provided in paragraph
(b), the board shall pay the debt service on one-third of the principal amount
of state bonds sold to finance projects authorized by this section. After each sale of general obligation bonds,
the commissioner of management and budget shall notify the board of the amounts
assessed for each year for the life of the bonds.
(b) The board need not pay debt
service on bonds sold to finance higher education asset preservation and
replacement. Where a nonstate match is
required, the debt service is due on a principal amount equal to one-third of
the total project cost, less the match committed before the bonds are
sold. For the workforce center
colocation project at Rochester Community and Technical College, the board
shall pay the debt service on $1,079,000 of the principal amount of state bonds
sold to finance the project; the commissioner of employment and economic
development shall pay the debt service on $5,262,000 of the principal amount of
state bonds sold to finance the project, in the manner provided in Minnesota
Statutes, section 16A.643.
(c) The commissioner shall reduce the
board's assessment each year by one-third of the net income from investment of
general obligation bond proceeds in proportion to the amount of principal and
interest otherwise required to be paid by the board. The board shall pay its resulting net
assessment to the commissioner of management and budget by December 1 each
year. If the board fails to make a
payment when due, the commissioner of management and budget shall reduce
allotments for appropriations from the general fund otherwise available to the
board and apply the amount of the reduction to cover the missed debt service
payment. The commissioner of management
and budget shall credit the payments received from the board to the bond debt
service account in the state bond fund each December 1 before money is
transferred from the general fund under Minnesota Statutes, section 16A.641,
subdivision 10.
Subd.
28. Unspent Appropriations
(a) Upon completion of a project
authorized in this section and after written notice to the commissioner of
management and budget, the board must use any money remaining in the
appropriation for that project for higher asset preservation and replacement
(HEAPR) under Minnesota Statutes, section 135A.046. The board must report by February 1 of each
even-numbered year to the chairs of the house of representatives and senate committees with
jurisdiction over capital investment and higher education finance, and to the
chairs of the house of representatives Ways and Means Committee and the senate
Finance Committee, on how the remaining money has been allocated or spent.
(b) The unspent portion of an
appropriation for a project in this section that is complete is available for
higher education asset preservation and replacement under this subdivision, at
the same campus as the project for which the original appropriation was made
and the debt service requirement under subdivision 27 is reduced
accordingly. Minnesota Statutes, section
16A.642, applies from the date of the original appropriation to the unspent
amount transferred.
Sec.
4. EDUCATION
Subdivision
1. Total Appropriation $7,780,000
To the commissioner of education for
the purposes specified in this section.
Subd.
2. Independent School District No. 38, Red Lake 5,780,000
From the maximum effort school loan
fund for a capital loan to Independent School District No. 38, Red Lake, as
provided in Minnesota Statutes, sections 126C.60 to 126C.72, to design,
construct, furnish, and equip renovation of existing facilities and
construction of new facilities.
The project paid for with this
appropriation includes a portion of the renovation and construction identified
in the review and comment performed by the commissioner of education under the
capital loan provisions of Minnesota Statutes, section 126C.69. This portion includes renovation and
construction of a single kitchen and cafeteria to serve the high school and
middle school, a receiving area and dock and adjacent drives, utilities, and
grading.
Before any capital loan contract is
approved under this authorization, the district must provide documentation
acceptable to the commissioner on how the capital loan will be used. If any portion of the appropriation remains
after completion of the identified project components, the district may, with
the commissioner's approval, use funds for other items identified in the review
and comment submission.
Subd.
3. Library Accessibility and Improvement Grants 2,000,000
For library accessibility and
improvement grants under Minnesota Statutes, section 134.45.
Sec. 5. MINNESOTA STATE ACADEMIES
Subdivision
1. Total Appropriation $2,500,000
To the commissioner of administration
for the purposes specified in this section.
Subd.
2. Asset Preservation 2,000,000
For asset preservation on both
campuses of the academies, to be spent in accordance with Minnesota Statutes,
section 16B.307.
Subd.
3. Independent Living Housing 500,000
To predesign, design, construct,
furnish, and equip independent living housing on the Academy for the Blind
campus. The project will be conducted in
collaboration with the carpentry class of South Central College of Faribault
and provide housing for students 18 to 21 years of age in the nontraditional
student component of the Academy Plus Transition program.
Sec.
6. PERPICH
CENTER FOR ARTS EDUCATION
Subdivision
1. Total Appropriation $1,244,000
To the commissioner of administration
for the purposes specified in this section.
Subd.
2. Alpha Building Demolition 755,000
To demolish the Alpha building.
Subd.
3. Delta Dorm Windows 489,000
To install new windows in the Delta
dormitory, completing the building's renovations.
Sec.
7. NATURAL
RESOURCES
Subdivision
1. Total Appropriation $73,588,000
To the commissioner of natural
resources for the purposes specified in this section.
The appropriations in this section
are subject to the requirements of the natural resources capital improvement
program under Minnesota Statutes, section 86A.12, unless this section or the
statutes referred to in this section provide more specific standards, criteria,
or priorities for projects than Minnesota Statutes, section 86A.12.
To the extent possible, a
person conducting prairie restoration with state money must plant vegetation or
sow seed only of ecotypes native to Minnesota, and preferably of the local
ecotype, using a high diversity of species originating from as close to the
restoration site as possible, and protect existing native prairies from genetic
contamination.
Subd.
2. Statewide Asset Preservation 1,000,000
For the renovation of state-owned
facilities operated by the commissioner of natural resources that can be
substantially completed in calendar year 2010, as determined by the
commissioner of natural resources, to be spent in accordance with Minnesota
Statutes, section 84.946, including renovation of buildings for energy
efficiency, roof replacements, replacement of well and water treatment systems,
road resurfacing, major culvert replacement and erosion control, water access
rehabilitation, trail resurfacing and widening, and bridge replacement and
rehabilitation. The commissioner may use
this appropriation to replace buildings if, considering the embedded energy in
the building, that is the most energy-efficient and carbon-reducing method of
renovation.
Subd.
3. Groundwater Monitoring and Observation Wells 2,000,000
To install new groundwater level
observation wells to monitor the Mount Simon aquifer and assess groundwater for
water supply planning in the south and central regions of the state. This appropriation may also be used to seal
existing obsolete monitoring wells in the Mount Simon aquifer that are no
longer functional.
Subd.
4. Dam Renovation and Removal 6,000,000
To renovate or remove publicly owned
dams. The commissioner shall determine
project priorities as appropriate under Minnesota Statutes, sections 103G.511
and 103G.515. This appropriation
includes money for the following projects:
(a) Byllesby Dam, Dakota and Goodhue
Counties.
(b) Champlin Mill Pond Dam, Hennepin
County.
(c) Clayton Lake Dam, Pine County.
(d) Drayton Dam, Kittson County.
(e) Hallock Dam, Kittson County.
(f) Lake Bronson Dam, Kittson County.
(g) Milaca Dam, Mille Lacs
County.
(h) Montevideo Dam, Chippewa County.
(i) Pike River Dam, St. Louis County.
(j) $900,000 is to renovate the
Lanesboro Dam in the south branch Root River in Fillmore County.
(k) $2,000,000 is for a grant to the
Three Rivers Park District to renovate the Coon Rapids Dam. This appropriation is not available until the
commissioner determines that an amount sufficient to complete the project is
committed to the project.
Notwithstanding Minnesota Statutes,
section 16A.69, subdivision 2, upon the award of final contracts for the
completion of a project listed in this subdivision, the commissioner may
transfer the unencumbered balance in the project account to any other dam
renovation or removal project on the commissioner's priority list.
Subd.
5. Water Control Structures 500,000
To rehabilitate or replace water
control structures used to manage shallow lakes and wetlands for waterfowl
habitat on wildlife management areas under Minnesota Statutes, section 86A.05,
subdivision 8, or for the purposes of public water reserves under Minnesota
Statutes, section 97A.101; or structures on other waters under Minnesota
Statutes, section 103G.505.
Subd.
6. Aquatic Management Areas Acquisition 1,000,000
To acquire land in fee that is
critical for fish and other aquatic life under Minnesota Statutes, section
86A.05, and to make public improvements and betterments of a capital nature to
aquatic management areas established under Minnesota Statutes, section 86A.05,
subdivision 14.
Subd.
7. RIM Critical Habitat Match 3,000,000
To provide the state match for the
critical habitat private sector matching account under Minnesota Statutes,
section 84.943. This appropriation must
be used only to acquire fee title.
Subd.
8. Scientific and Natural Area Native Prairie Acquisition And
Development 5,649,000
To acquire in fee the Hastings Sand
Coulee in Dakota County, and other lands identified by the commissioner as
targeted sites for potential acquisition for scientific and natural areas under
Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5. Not less than five percent of this
appropriation is for restoration of lands acquired.
Subd. 9. State Forest Land Reforestation 3,000,000
To increase reforestation activities
to meet the reforestation requirements of Minnesota Statutes, section 89.002,
subdivision 2, including planting, seeding, site preparation, and purchasing
seeds and seedlings of species native to Minnesota.
Subd.
10. Shade Tree Program 3,000,000
For grants to cities, counties,
townships, and park and recreation boards in cities of the first class for the
planting of publicly owned shade trees to provide environmental benefits;
replace trees lost to forest pests, disease, or storm; or to establish a more
diverse community forest better able to withstand disease and forest
pests. The commissioner must give
priority to grant requests to remove and replace trees with active infestations
of emerald ash borer. For purposes of
this appropriation, "shade tree" means a woody perennial grown
primarily for aesthetic or environmental purposes with minimal to residual
timber value and no intent to harvest the tree for its wood. Any tree planted with funding under this
subdivision must be a species native to Minnesota.
Subd.
11. State Park Rehabilitation 5,659,000
For rehabilitation projects within
state parks established under Minnesota Statutes, section 85.012, as identified
in the January 20, 2010, list of projects titled "State Park
Development Projects - 12 month completion possible," including: at the Soudan Underground Mine, water
treatment system and lab building, and new discharge pipeline; at Minneopa,
safety improvements to the historic pedestrian bridge; at Itasca, repaving the
wilderness drive and improvements to the beach area amphitheater; at Fort
Ridgely, office consolidation into the historic museum building; at Whitewater
and Mille Lacs Kathio, new RV sanitary dump stations; at Lake Maria, road
paving and rehabilitation; and at all parks, campground electrical
upgrades. Up to one percent of this
appropriation may be used for project predesign for next funding cycle. At least 80 percent of the appropriation in
this subdivision must be spent during the 2010 construction season.
Subd.
12. State Park and Recreation Area Acquisition and Development 2,150,000
To acquire from willing sellers
private lands for the following state parks established under Minnesota
Statutes, section 85.012: land within William O'Brien State Park and land
adjacent to or near Split Rock Lighthouse State Park that provides a view of
the lighthouse; and land within Cuyuna Country State Recreation Area,
established under Minnesota Statutes, section 85.013. This appropriation is also for a grant to
Wright County to acquire land for Bertram Chain of Lakes Regional Park, under
Minnesota Statutes, section 85.019, subdivision 2.
Subd. 13. State Trail Rehabilitation 10,000,000
To renovate state trails established
under Minnesota Statutes, section 85.015, according to the commissioner's
priorities and as provided in Minnesota Statutes, section 84.946. At least 80 percent of the appropriation in
this subdivision must be spent during the 2010 construction season. This includes funding for the following
trails:
(1) Gateway Trail, resurface and
widen County State-Aid Highway 15 to Pine Point Park, in Washington County;
(2) Luce Line Trail, replace three
bridges between Winsted and Hutchinson, in McLeod County;
(3) Munger Trail, replace culverts at
mile post 139 and 138, in Carlton County;
(4) Munger Trail, resurface and widen
15 miles of trail between Duluth and Thomson, in St. Louis and Carlton
Counties;
(5) Munger Trail, replacement of the
Grand Avenue bridge in Duluth;
(6) Paul Bunyan Trail realignment
along County Road 159, in Cass County;
(7) Paul Bunyan Trail resurfacing
between Hackensack and Chippewa Forest, in Cass and Crow Wing Counties;
(8) Pengilly-Alborn Trail, replace
two bridges, in St. Louis County;
(9) Root River Trail, resurface and
widen 20 miles, in Fillmore County;
(10) Root River Trail, rehabilitate
or replace eight bridges, in Fillmore County.
Subd.
14. State Trail Acquisition and Development 21,000,000
(a) For state trail acquisition and
development of trails designated in Minnesota Statutes, section 85.015,
including:
(1) Blazing Star Trail, develop
Albert Lea Lake bridge crossing and one mile of trail;
(2) Browns Creek Trail, acquire land
along the former Minnesota Zephyr corridor;
(3) Casey Jones Trail, complete
Pipestone to Woodstock segment;
(4) Cuyuna Lakes Trail, acquire
and develop Riverton to Deerwood;
(5) Gateway Trail, develop Pine Point
Park to May Township segment, acquire approximately two miles between May
Township and Marine on St. Croix;
(6) Glacial Lakes Trail, acquire and
develop New London to Sibley State Park;
(7) Gitchi Gami Trail, develop Lutsen
and Silver Bay segments;
(8) Goodhue Pioneer Trail, develop
Zumbrota to Goodhue segment;
(9) Heartland Trail, develop Detroit
Lakes to Frazee segment;
(10) Luce Line Trail;
(11) Mill Towns Trail, acquire eight
miles from Dundas to Faribault, develop marked Trunk Highway 21 grade
separation and trail in Faribault;
(12) Minnesota River Trail;
(13) Paul Bunyan Trail, develop south
shore Lake Bemidji segment, marked Trunk Highway 197 grade separation in
Bemidji, Crow Wing State Park to Baxter segment;
(14) Shooting Star Trail, develop
Adams to Rose Creek segment.
(b) At least 80 percent of the
appropriation in this subdivision must be spent during the 2010 construction
season. Up to one percent of this
appropriation may be used to predesign and design projects not included in this
subdivision and in preparation for future funding.
Subd.
15. Regional Trails and Trail Connections 8,300,000
(a) For matching grants for regional
trails and trail connections under Minnesota Statutes, section 85.019,
subdivisions 4b and 4c, as provided in this subdivision.
(1) $250,000 is for a grant to Stearns
County for development of the 26-mile Dairyland Trail connecting to the Lake
Wobegon Trail.
(2) $1,500,000 is for a grant to
Dakota County for a bridge over the Cannon River to connect Lake Byllesby
Regional Park to the Mill Towns State Trail.
(3) $413,000 is for a grant to the
city of Rochester to acquire the DM&E Pine Island spur right-of-way to
connect to the Douglas State Trail.
(4) $800,000 is for a grant to
the Rocori Trail Board for acquisition, design, and construction of phase 1 of
the Rocori Trail, connecting the Glacial Lakes State Trail to the Beaver Island
Trail and Lake Wobegon Trail.
(5) $1,400,000 is for a grant to the
city of Walker for acquisition and development of the Shingobee Connection
Trail connecting Walker to the Paul Bunyan State Trail and the Heartland State
Trail.
(6) $512,000 is for a grant to the
city of Granite Falls to renovate the Roebling suspension pedestrian bridge
over the Minnesota River in Granite Falls.
This appropriation is not available until the commissioner determines
that at least an equal amount has been committed to the project from nonstate
sources.
(7) $400,000 is for a grant to Dodge
County to acquire land for the Stagecoach Trail, primarily a nonmotorized
recreational trail that will connect the proposed Prairie Wildflower State
Trail in Steele County to the existing Douglas State Trail in Olmsted County.
(8) $175,000 is for a grant to the
city of Hibbing to acquire land, predesign, design, construct, and resurface
the Carey Lake Bike Trail which follows 25th Street (Dupont Road) east to the
Carey Lake Park in Hibbing, St. Louis County.
This appropriation is not available until the commissioner determines
that at least an equal amount has been committed to the project from nonstate
sources.
For any project listed in this
paragraph that the commissioner determines is not ready to proceed, the
commissioner may allocate that project's money to another trail connection
project in this paragraph. The chairs of
the house of representatives and senate committees with jurisdiction over the
environment and natural resources and legislators from the affected legislative
districts must be notified of any changes.
(b) $55,000 is for a grant to Carlton
County to make safety improvements on the Soo Line Trail in Moose Lake,
including restoring decking, railings, and approaches of the trestles on the
trail.
(c) $2,000,000 is to design, acquire
land for, and develop the Camp Ripley/Mississippi River Cross Roads Trail, in
conjunction with the United States Department of Defense and the Minnesota
Department of Transportation. The trail
shall originate at Crow Wing State Park in Crow Wing County at the southern end
of the Paul Bunyan Trail and shall extend from Crow Wing State Park westerly to
the city of Pillager, then southerly along the west side of Camp Ripley, then
easterly along the south side of Camp Ripley across to the east side of the
Mississippi River, and then northerly through Fort Ripley to Crow Wing State
Park. A second segment of the trail shall be
established that shall extend in a southerly direction and in close proximity
to the Mississippi River from the southeasterly portion of the first segment of
the trail to the city of Little Falls, and then terminate at the Soo Line Trail
in Morrison County.
Subd.
16. Rum River Buffer and Bridge Replacement 130,000
For a grant to the city of Milaca to
demolish and remove the pedestrian bridge over the Rum River between Rec Park
and Forest Hill cemetery in the city of Milaca, and to design, engineer,
construct, and install a new accessible pedestrian bridge in the same
location. The project must remove the
pillars in the river and the new bridge must not have pillars in the river. This appropriation is not available until the
city has agreed to develop a 100-foot-wide permanent buffer on the east side of
the river that will protect the river where currently there is no appropriate
buffer.
Subd.
17. Fort Snelling Upper Bluff 1,200,000
For a grant to Hennepin County to
conduct emergency building stabilization at Fort Snelling Upper Bluff. This appropriation is not available until the
commissioner of management and budget has determined that Hennepin County has
entered into appropriate agreements to use Sentence to Serve labor for the
project that will train the Sentence to Serve laborers in the skills needed for
the work.
Subd.
18. Unspent Appropriations
The unspent portion of an
appropriation, but not to exceed ten percent of the appropriation, for a project
in this section that is complete, other than an appropriation for flood hazard
mitigation, is available for asset preservation under Minnesota Statutes,
section 16B.307. Minnesota Statutes,
section 16A.642, applies from the date of the original appropriation to the
unspent amount transferred for asset preservation.
Sec.
8. POLLUTION
CONTROL AGENCY
Subdivision
1. Total Appropriation $17,411,000
To the Pollution Control Agency for
the purposes specified in this section.
Subd.
2. Closed Landfill Cleanup 8,700,000
To design and construct remedial
systems and acquire land at landfills throughout the state in accordance with
the closed landfill program under Minnesota Statutes, sections 115B.39 to
115B.42. The agency must follow the agency
priorities. Entities administering
projects undertaken with funds in this subdivision must:
(1) conform to occupational safety
and health standards under federal law and Minnesota Statutes, chapter 182;
(2) as an additional occupational
safety and health standard, develop a comprehensive human health and safety
plan for each project location and provide personal protective equipment to all
workers performing labor at each project location that protects against all
contaminants of concern and contaminants of potential concern identified at the
project location. For the purposes of
this subdivision, "contaminants of concern" and "contaminants of
potential concern" must be identified by methods substantially the same as
the United States Environmental Protection Agency's Superfund remedial
investigation processes;
(3) before commencing work on a
project undertaken with funds in this subdivision, submit a report to the
chairs of the committees of the house of representatives and the senate having
jurisdiction over labor and the environment on how they are complying with the
occupational safety and health standards required by this subdivision; and
(4) provide onsite monitoring of
compliance with the occupational safety and health standards required by this
subdivision at all times that workers are performing labor at a project
location.
Subd.
3. Capital Assistance Program 8,711,000
For grants under the solid waste
capital assistance grants program in Minnesota Statutes, section 115A.54.
(1) $1,800,000 is for a grant to
Becker County to construct a waste transfer facility, including an office
building for staff, installation of a truck scale, and construction of a
material recovery facility. This amount
includes 75 percent of the cost of the transfer station and 50 percent of the
cost of the material recovery facility.
The counties using this facility must agree to achieve a 60 percent
recycling rate and an organics recovery rate of 15 percent by 2025. This grant is not available until the agency
determines that an amount sufficient to complete the project is committed to it
from nonstate sources.
(2) $5,000,000 is for a grant to the
Pope/Douglas Solid Waste Joint Powers Board to design, construct, furnish, and
equip the expansion of the Pope/Douglas waste-to-energy facility located in
Alexandria. The counties using this
facility must agree to achieve a 60 percent recycling rate and an organics
recovery rate of 15 percent by 2025.
(3) $1,911,000 is for a grant
to Redwood County under the solid waste capital assistance grants program in
Minnesota Statutes, section 115A.54, to predesign, design, construct, furnish,
and equip the Redwood County Materials Recovery Facility in order to allow
processing of recyclables from other counties.
The counties using this facility must agree to achieve a 60 percent
recycling rate and an organics recovery rate of 15 percent by 2025. This grant is not available until the agency
determines that an amount sufficient to complete the project is committed to it
from nonstate sources.
Sec.
9. BOARD
OF WATER AND SOIL RESOURCES
Subdivision
1. Total Appropriation $2,500,000
To the Board of Water and Soil
Resources for the purposes specified in this section.
To the extent possible, a person
conducting prairie restoration with state money must plant vegetation or sow
seed only of ecotypes native to Minnesota, and preferably of the local ecotype,
using a high diversity of species originating from as close to the restoration
site as possible, and protect existing native prairies from genetic
contamination.
Subd.
2. Wetland Replacement Due to Public Road Projects 2,500,000
To acquire land for wetland
restoration or preservation to replace wetlands drained or filled as a result
of the repair or reconstruction, replacement, or rehabilitation of existing
public roads as required by Minnesota Statutes, section 103G.222, subdivision
1, paragraphs (l) and (m). Up to 17
percent of this appropriation is to implement the program.
The provisions of Minnesota Statutes,
section 103F.515, apply to this appropriation, except that the board may
establish alternative payment rates for easements and practices to establish
restored native prairies, as defined in Minnesota Statutes, section 84.02,
subdivision 7, and to protect uplands.
The purchase price paid for
acquisition of land, fee, or perpetual easement must be the fair market value
as determined by the board. The board
may enter into agreements with the federal government, other state agencies,
political subdivisions, and nonprofit organizations or fee owners to acquire
land and restore and create wetlands and to acquire existing wetland banking
credits. Acquisition of or the
conveyance of land may be in the name of the political subdivision.
Sec.
10. MINNESOTA
ZOOLOGICAL GARDEN
Subdivision
1. Total Appropriation $32,500,000
To the Minnesota Zoological Garden for
the purposes specified in this section.
Subd. 2.
Master Plan Implementation,
Phase I 15,000,000
For phase I of the 2001 Minnesota Zoological
Garden Facilities and Business Master Plan, which includes renovation and
expansion of the zoo's entry and main building, visitor center, and
environmental education center.
Subd.
3. Asset Preservation and Exhibit Renewal 17,500,000
For capital asset preservation
improvements, exhibit renewals, and betterments, to be spent in accordance with
Minnesota Statutes, section 16B.307. Of
this:
(a) $11,000,000 is for a grant to Como
Zoo for exhibit renewal.
(b) $500,000 is for a grant to the Duluth
Zoo for asset preservation and exhibit renewal needed to achieve accreditation.
Sec.
11. ADMINISTRATION
Subdivision
1. Total Appropriation $10,000,000
To the commissioner of administration
for the purposes specified in this section.
Subd.
2. Asset Preservation 8,000,000
For capital asset preservation
improvements and betterments, to be spent in accordance with Minnesota
Statutes, section 16B.307, $500,000 is for Capitol campus security upgrades.
Subd.
3. Capital Asset Preservation and Replacement Account (CAPRA) 2,000,000
To be spent in accordance with
Minnesota Statutes, section 16A.632.
Sec.
12. AMATEUR
SPORTS COMMISSION $4,000,000
To the Minnesota Amateur Sports
Commission to complete phase II of the National Volleyball Center in Rochester,
adding approximately 22,000 square feet of space to the existing facility and
including the following: a high
intensity training center, a training and weight center, a conference-classroom,
lobby and assembly hall, public toilet rooms, locker room, vestibule, and
observation mezzanine.
Sec.
13. MILITARY
AFFAIRS
Subdivision
1. Total Appropriation $11,900,000
To the adjutant general for the
purposes specified in this section.
Subd. 2. Asset Preservation 4,000,000
For asset preservation improvements
and betterments of a capital nature at military affairs facilities statewide,
to be spent in accordance with Minnesota Statutes, section 16B.307.
Subd.
3. Facility Life Safety Improvements 1,000,000
For life safety improvements and to
correct code deficiencies at military affairs facilities statewide, to be spent
in accordance with Minnesota Statutes, section 16B.307.
Subd.
4. Facility ADA Compliance 900,000
For Americans with Disabilities Act
(ADA) alterations to existing National Guard Training and Community Centers in
locations throughout the state, to be spent in accordance with Minnesota
Statutes, section 16B.307.
Subd.
5. Cedar Street Armory, St. Paul 5,000,000
To renovate the Cedar Street Armory
in St. Paul. This project includes
window replacement, mechanical and electrical system upgrades, office space
renovation, and asbestos abatement.
Subd.
6. Camp Ripley Troop Support Facility 1,000,000
To complete design, renovation,
furnishing, and equipping of the Troop Support Facility at Camp
Ripley, including but not limited to:
window replacement, interior floor installation and finishings, air
conditioning, upgrade of electrical, data, and telecommunication systems, and
kitchen installation.
Subd.
7. Unspent Appropriations
The unspent portion of an
appropriation for a project under this section that has been completed may be
used for any other purpose permitted under Minnesota Statutes, section 16B.307.
Sec.
14. PUBLIC
SAFETY
Subdivision
1. Total Appropriation $16,050,000
To the commissioner of public safety,
or another named agency, for the purposes specified in this section.
Subd.
2. Phase II, Camp Ripley 10,000,000
To the commissioner of administration
to complete phase II of the tier 3 homeland security and emergency management
training and exercise center at Camp Ripley, which includes a classroom facility and several facilities
for field response training. Nonmilitary
public safety personnel from Minnesota must be given access to the facility.
Subd.
3. Maplewood - East Metro Regional Fire Training Facility 3,000,000
For a grant to the city of Maplewood
to acquire land, prepare a site including environmental work, predesign,
design, and construct the East Metro Regional Fire Training Facility in Ramsey
County, within the city of Maplewood.
Subd.
4. Minneapolis - Emergency Operations Center and Fire Training Facility
750,000
For a grant to the city of Minneapolis
to complete design and construction of an Emergency Operations Center and Fire
Training Facility in the city of Minneapolis.
Subd.
5. Annandale Tactical Training Center 160,000
For a grant to the city of Annandale
to predesign, design, construct, furnish, and equip improvements in the
tactical training center, including improvements to the indoor live-fire
shoothouse for air quality and noise mitigation, a steel breaching door, moving
target systems within the shoothouse and outdoor range, and a 40-foot
rappelling tower for high-angle fire, rescue, and police tactical training.
Subd.
6. Marshall - Minnesota Emergency Response and Industry Training Center
(MERIT) 2,140,000
For a grant to the city of Marshall to
acquire land, predesign, design, construct, furnish, and equip the expansion of
the Minnesota Emergency Response and Industry Training Center (MERIT Center) in
Marshall, Lyon County. The project
includes acquiring approximately 80 acres of land for expanded facilities that
will include a driving course, classrooms and offices, skid pad, and training
simulators for driving, hand gun shooting, and driving education. This appropriation is not available until the
commissioner determines that at least an equal amount is committed to the
project from nonstate sources.
Sec.
15. TRANSPORTATION
Subdivision
1. Total Appropriation $164,452,000
To the commissioner of transportation
for the purposes specified in this section.
Subd.
2. Local Bridge Replacement and Rehabilitation 67,000,000
This appropriation is from the bond
proceeds account in the state transportation fund to match federal money and to
replace or rehabilitate local deficient bridges as provided in Minnesota Statutes, section 174.50. To the extent practicable, the commissioner
shall expend the funds as provided under Minnesota Statutes, section 174.50,
subdivisions 6c and 7, paragraph (c).
Political subdivisions may use grants
made under this subdivision to construct or reconstruct bridges, including but
not limited to:
(1) matching federal aid grants to
construct or reconstruct key bridges;
(2) paying the costs of preliminary
engineering and environmental studies authorized under Minnesota Statutes,
section 174.50, subdivision 6a;
(3) paying the costs to abandon an
existing bridge that is deficient and in need of replacement, but where no
replacement will be made; and
(4) paying the costs to construct a
road or street to facilitate the abandonment of an existing bridge determined
by the commissioner to be deficient, if the commissioner determines that
construction of the road or street is more economical than replacement of the
existing bridge.
$1,000,000 is for a grant to the city
of Fairmont to demolish the existing bridge and to design and construct a new
bridge over the channel between Budd Lake and Hall Lake, on West Lair Road in
Gomsrud Park. This appropriation is not
available until the commissioner determines that at least $1,500,000 has been
committed to the project from nonstate sources.
$1,500,000 is for a grant to the city
of Fergus Falls to renovate the Tower Road bridge.
$10,000,000 is for a grant to
Hennepin County for phase II of the project for the removal of the existing
Canadian Pacific Railway bridge and crib wall structure supporting the roadway,
construction of a retaining wall structure to support Lowry Avenue, and
construction of an extension of phase I, the construction and replacement of
the Lowry Avenue Bridge carrying County State-Aid Highway 153 across the
Mississippi River in Minneapolis.
$7,000,000 is for a grant to the city
of Minneapolis to construct a bridge for St. Anthony Parkway over the Northtown
Rail Yard.
By November 1, 2010, the commissioner
of management and budget, subject to approval of the commissioner of
transportation, shall implement a grant administration method for grants
provided under Minnesota Statutes, sections 174.50 and 174.52. The grant administration method must:
(1) not require a separate
grant agreement for each project funded in whole or in part from general
obligation grants;
(2) provide for efficient audits
concerning state bond-financed property;
(3) ensure that all uses of the state
bond-financed property will not cause the interest on the state general
obligation bonds to be or become subject to federal income taxation for any
reason; and
(4) otherwise comply with Minnesota
Statutes, section 16A.695, the Minnesota Constitution, and all commissioner's
orders.
By November 1, 2010, the
commissioners of management and budget and transportation shall jointly submit
a report on the grant administration method to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction
over transportation policy and finance and capital investment. At a minimum, the report must briefly
summarize the grant administration method being implemented, provide a copy of
any model grant agreement, and provide recommendations, if any, for legislative
changes.
Subd.
3. Greater Minnesota Transit 4,000,000
For capital assistance for greater
Minnesota transit systems to be used for transit capital facilities under
Minnesota Statutes, section 174.24, subdivision 3c. Money from this appropriation may be used to
pay up to 80 percent of the nonfederal share of these facilities. $520,000 is
for a grant to the city of Northfield to design, construct, furnish, and equip
a multimodal hub to serve as a transfer station, park and ride, intercity hub
and trailhead, providing connections to Mill Towns State Trail, bike paths, and
sidewalks within the city of Northfield.
Subd.
4. Rail Service Improvement 3,000,000
For the rail service improvement
program to be spent for the purposes set forth in Minnesota Statutes, section
222.50, subdivision 7.
Subd.
5. Minnesota Valley Railroad Track Rehabilitation 6,500,000
For a grant to the Minnesota Valley
Regional Rail Authority for capital improvements and rehabilitation of railroad
track from Norwood-Young America to Hanley Falls. A grant under this subdivision is in addition
to any grant, loan, or loan guarantee for this project made by the commissioner
under Minnesota Statutes, sections 222.46 to 222.62.
Subd. 6.
Northstar Commuter Rail
Extension 1,000,000
To match federal funds for
environmental analysis, design, engineering, negotiations with the Burlington
Northern Santa Fe Railway, and acquisition of real property or interests in
real property to extend the Northstar commuter rail line from Big Lake to the
St. Cloud area.
Subd.
7. Railroad Grade Crossings 2,500,000
(a) To replace aging grade crossing
safety warning devices statewide.
(b) $900,000 is for a grant to the
city of Grand Rapids to make at-grade railroad crossing improvements in the
city. The project includes closing
at-grade crossings at 12th Avenue West and 5th Avenue East along with at-grade
crossing improvements on and adjacent to 19th Avenue West and 3rd Avenue East
under City Projects 2003-6 and 2010-3.
Crossing improvements include but are not limited to concrete crossings,
railroad cross arms and signals, and street and utility improvements necessary
to facilitate the crossing closures and improvements including design and
construction engineering. This
appropriation is not subject to the requirements of the commissioner to receive
funding under paragraph (a) or under the department's rail grade crossing
improvement program. This appropriation
is not available until the commissioner of management and budget has determined
that at least $2,400,000 has been committed, including expenditures prior to
July 1, 2010, to the project from nonstate sources.
Subd.
8. Port Development Assistance 7,000,000
For grants under Minnesota Statutes,
chapter 457A. Any improvements made with
the proceeds of these grants must be publicly owned.
Subd.
9. Lower Minnesota River Watershed 225,000
For a grant to the Lower Minnesota
River Watershed District for site preparation, environmental mitigation, to
acquire land for, and to design and construct improvements for dredge material
site projects located within the district.
Subd.
10. Chisholm-Hibbing Airport 3,700,000
For a grant to the Chisholm-Hibbing
Airport Authority for site preparation and to design and construct a Department
of Natural Resources hangar and to design and construct an addition to the
western multiple plane storage hangar.
Subd. 11. Duluth Airport 11,700,000
For a grant to the city of Duluth to
predesign, design, construct, furnish, and equip phase 2 of the new terminal
facilities at the Duluth International Airport as phase 2 of the airport
terminal project is described for purposes of the Federal Aviation
Administration project grant. This
appropriation is not available until the commissioner determines that at least
an equal amount is committed to the project from nonstate sources. The airport terminal phase 2 project for
which funds are appropriated in this subdivision is not subject to the
provisions of Minnesota Statutes, section 16A.695.
Subd.
12. Thief River Falls Airport 2,097,000
For a grant to the city of Thief
River Falls to design, construct, furnish, and equip a multipurpose hangar at
the Thief River Falls Regional Airport in Pennington County, subject to
Minnesota Statutes, section 16A.695.
This appropriation is not available until the commissioner determines
that a nonstate match of at least $699,000 is committed to the project.
Subd.
13. Rochester Maintenance Facility 26,430,000
This appropriation is from the bond
proceeds account in the trunk highway fund for site preparation and
construction of a new maintenance facility in Rochester.
Subd.
14. Arden Hills Training Center 6,500,000
This appropriation is from the bond
proceeds account in the trunk highway fund for an addition and remodeling at
the Arden Hills Training Center. The
project includes construction of a 35,000 square foot conference center,
containing a 9,000 square foot meeting room that is divisible into four smaller
rooms, additional classrooms, and support facilities; remodeling approximately
12,500 square feet of office space for the State Patrol to consolidate their
two metro district offices; and remodeling the existing classroom building to
bring it to current standards.
Subd.
15. Maple Grove Truck Station 15,800,000
This appropriation is from the trunk
highway fund to construct a new Maple Grove truck station and mechanics
facility. The 95,000 square foot truck
station will contain offices, shops, vehicle support, inventory space, storage
spaces, and mechanics work bays. It will
provide salt, yard, and unheated storage space, and a fuel dispensing station.
Subd. 16. Little
Falls Truck Station 3,300,000
This appropriation is from the trunk
highway fund to construct a new Little Falls truck station. This project includes an approximately 16,000
square foot truck station facility with offices, shops, vehicle support,
inventory space, storage spaces, and mechanics work bays. The site will also house a salt storage
building, an unheated storage building, fuel dispensing, and yard storage.
Subd.
17. Maplewood Bridge Crew Building 3,000,000
This appropriation is from the trunk
highway fund to construct an approximately 17,590 square foot facility for the
new bridge crew to be located at an existing Department of Transportation site
in Maplewood, including offices, shops, vehicle storage, and crew support
spaces. The site will also provide salt
and yard storage, unheated storage building, and fuel dispensing.
Subd.
18. Design 700,000
This appropriation is from the trunk
highway fund for design of the new Willmar district headquarters vehicle
storage facility and the new Plymouth truck station.
Sec.
16. METROPOLITAN
COUNCIL
Subdivision
1. Total Appropriation $74,295,000
To the Metropolitan Council for the
purposes specified in this section.
Subd.
2. Transit Capital Improvement Program 50,000,000
(a) To implement the Metropolitan
Council's adopted 2030 Transportation Policy Plan for transit way corridors, in
consultation with the Counties Transit Improvement Board. Transit way corridors include the
following: Bottineau Boulevard, Cedar
Avenue, Central Corridor LRT, I-35W corridor, I-94 corridor, Red Rock corridor,
Riverview corridor, Robert Street corridor, Rush Line, and Southwest corridor.