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Ninety-Seventh Day Saint Paul, Minnesota, Wednesday, May 5, 2010

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Ninety-Seventh Day Saint Paul, Minnesota, Wednesday, May 5, 2010 97TH DAY] WEDNESDAY, MAY 5, 2010 11341 STATE OF MINNESOTA EIGHTY-SIXTH SESSION - 2010 _____________________ NINETY-SEVENTH DAY SAINT PAUL, MINNESOTA, WEDNESDAY, MAY 5, 2010 The House of Representatives convened at 12:00 noon and was called to order by Al Juhnke, Speaker pro tempore. Prayer was offered by the Reverend Pat Mahin, Minnetonka, Minnesota. The members of the House gave the pledge of allegiance to the flag of the United States of America. The roll was called and the following members were present: Abeler Demmer Hayden Lanning Nelson Sertich Anderson, B. Dettmer Hilstrom Lenczewski Newton Severson Anderson, P. Dill Hilty Lesch Nornes Shimanski Anderson, S. Dittrich Holberg Liebling Norton Simon Anzelc Doepke Hoppe Lieder Obermueller Slawik Atkins Doty Hornstein Lillie Olin Slocum Beard Downey Hortman Loeffler Otremba Smith Benson Drazkowski Hosch Loon Paymar Solberg Bigham Eastlund Howes Mack Pelowski Sterner Bly Eken Huntley Magnus Peppin Swails Brod Falk Jackson Mahoney Persell Thao Brown Faust Johnson Mariani Peterson Thissen Brynaert Fritz Juhnke Marquart Poppe Tillberry Buesgens Gardner Kahn Masin Reinert Torkelson Bunn Garofalo Kalin McFarlane Rosenthal Urdahl Carlson Gottwalt Kath McNamara Rukavina Wagenius Champion Greiling Kelly Morgan Ruud Ward Clark Gunther Kiffmeyer Morrow Sailer Welti Cornish Hamilton Knuth Mullery Sanders Westrom Davids Hansen Koenen Murdock Scalze Winkler Davnie Hausman Kohls Murphy, E. Scott Zellers Dean Haws Laine Murphy, M. Seifert A quorum was present. Kelliher was excused. Hackbarth was excused until 1:35 p.m. Emmer was excused until 2:05 p.m. The Chief Clerk proceeded to read the Journal of the preceding day. Lesch moved that further reading of the Journal be dispensed with and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed. 11342 JOURNAL OF THE HOUSE [97TH DAY REPORTS OF STANDING COMMITTEES AND DIVISIONS Lenczewski from the Committee on Taxes to which was referred: H. F. No. 2431, A bill for an act relating to education; providing for policy and funding for early childhood through grade 12 education including general education, education excellence, special programs, facilities and technology, accounting, state agencies, pupil transportation, education finance reform, forecast adjustments, early childhood education, prevention, self-sufficiency, and lifelong learning; authorizing rulemaking; requiring reports; appropriating money; amending Minnesota Statutes 2008, sections 3.303, by adding a subdivision; 11A.16, subdivision 5; 16A.125, subdivision 5; 120A.41; 120B.021, subdivision 1; 120B.07; 120B.15; 121A.16; 121A.17, subdivision 5; 122A.16; 122A.18, subdivisions 1, 2; 122A.23, subdivision 2; 123B.12; 123B.147, subdivision 3; 123B.53, subdivision 5; 123B.57, as amended; 123B.63, subdivision 3; 123B.75, subdivision 5, by adding a subdivision; 123B.88, subdivision 13; 123B.90, subdivision 3; 123B.92, subdivision 5; 124D.09, subdivision 20; 124D.141, subdivisions 1, 2; 124D.15, subdivision 12, by adding a subdivision; 124D.20, subdivision 8; 124D.4531, as amended; 124D.59, subdivision 2; 124D.65, subdivision 5; 125A.03; 125A.21, subdivisions 2, 3, 5, 7; 125A.515, by adding a subdivision; 125A.69, subdivision 1; 125A.76, subdivision 5; 125A.79, subdivisions 1, 7; 126C.01, by adding subdivisions; 126C.05, subdivisions 1, 3, 5, 6, 8, 16, 17; 126C.10, subdivisions 1, 2, 2a, 3, 4, 6, 13, 13a, 14, 18, by adding subdivisions; 126C.126; 126C.13, subdivisions 4, 5; 126C.17, subdivisions 1, 5, 6, by adding a subdivision; 126C.20; 126C.40, subdivision 1; 126C.54; 127A.30, subdivision 2; 127A.42, subdivision 2; 127A.43; 127A.441; 127A.45, subdivisions 2, 3, 13, by adding subdivisions; 127A.51; 169.447, subdivision 2a; 169.4503, by adding a subdivision; 171.321, subdivision 2; Minnesota Statutes 2009 Supplement, sections 16A.152, subdivision 2, as amended; 120B.023, subdivision 2; 120B.30, subdivisions 1, 1a, 3, 4, by adding a subdivision; 120B.35, subdivision 3; 120B.36, subdivision 1; 122A.09, subdivision 4; 122A.40, subdivision 8; 122A.41, subdivision 5; 123B.143, subdivision 1; 123B.54; 123B.92, subdivision 1; 124D.10, subdivisions 3, 4, 4a, 6a, 8, 11, 23; 124D.15, subdivision 3; 125A.02, subdivision 1; 125A.091, subdivision 7; 125A.63, subdivisions 2, 4, 5; 126C.41, subdivision 2; 126C.44; 171.02, subdivision 2b; 256B.0625, subdivision 26; Laws 2009, chapter 79, article 5, section 60; Laws 2009, chapter 96, article 2, sections 64; 67, subdivisions 14, 17; article 4, section 12, subdivision 3; article 5, section 13, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A; 123A; 123B; 124D; 125A; 126C; repealing Minnesota Statutes 2008, sections 122A.24; 123B.54; 123B.57, subdivisions 3, 4, 5; 123B.591; 125A.54; 125A.76, subdivision 4; 125A.79, subdivision 6; 126C.10, subdivisions 2b, 13a, 13b, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 31b, 32, 33, 34, 35, 36; 126C.12; 126C.126; 127A.46; 127A.50. Reported the same back with the following amendments: Page 6, line 22, delete "$10,915" and insert "$10,961" Page 6, line 23, delete "$11,029" and insert "$11,075" Page 8, line 26, before "Notwithstanding" insert "(a)" Page 8, after line 32, insert: "(b) The resolution must be adopted by the school board by June 15 of any calendar year and becomes effective 60 days after its adoption unless a petition to revoke the referendum authority, signed by a number of qualified voters in excess of 30 percent of the registered voters of the district on the day of the petition, is filed with the board. A referendum revocation invoked by petition must be held on the first Tuesday after the first Monday in November of the calendar year the resolution is adopted. 97TH DAY] WEDNESDAY, MAY 5, 2010 11343 (c) The board of directors of a school district where more than 60 percent of the district's enrollment is eligible for free or reduced price meals may renew a referendum that expired between January 1, 2004, and January 1, 2010, if that referendum has not yet been renewed, according to the provisions of this subdivision." Page 9, line 1, delete "July 1, 2010" and insert "the day following final enactment" Page 97, line 12, delete "$18,983,000" and insert "$18,583,000" Page 131, delete section 43 and insert: "Sec. 43. REPEALER. (a) Minnesota Statutes 2008, sections 123B.57, subdivisions 3, 4, and 5; 123B.591; 125A.76, subdivision 4; 125A.79, subdivision 6; 126C.10, subdivisions 2b, 13a, 13b, 25, 26, 27, 28, 29, 30, 31, 31a, 31b, 32, 33, 35, and 36; 126C.12; 126C.126; 126C.17, subdivision 9a; and 127A.50, are repealed. (b) Minnesota Statutes 2009 Supplement, sections 123B.54; and 126C.10, subdivisions 24 and 34, are repealed." Correct the title numbers accordingly With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means. The report was adopted. Carlson from the Committee on Finance to which was referred: H. F. No. 3051, A bill for an act relating to state lands; modifying method of determining value of acquired stream easements; providing for designation of certain state forest boundaries; providing for certain historic property exemption; modifying state forest acquisition provisions; permitting the exchange of riparian lands within the Boundary Waters Canoe Area Wilderness; establishing a moratorium on public access acquisition for public waters without a public access; providing for acquisition of Lake Vermilion State Park; adding to and deleting from state parks and state forests; authorizing and modifying public and private sales, conveyances, and exchanges of certain state land; amending Minnesota Statutes 2008, sections 84.0272, subdivision 2; 85.012, subdivision 40; 89.021, by adding a subdivision; 89.032, subdivision 2; 94.342, by adding a subdivision; 97A.141, subdivision 1; Laws 2009, chapter 176, article 4, section 9; proposing coding for new law in Minnesota Statutes, chapter 85. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2008, section 84.0272, subdivision 2, is amended to read: Subd. 2. Stream easements. (a) Notwithstanding subdivision 1, the commissioner may acquire permanent stream easements for angler access, fish management, and habitat work for a onetime payment based on a value attributed to both the stream and the easement corridor. The payment shall equal: (1) the per linear foot of stream within the easement corridor times $5; plus (2) the easement corridor acres times the estimated market value. (b) The estimated market value is equal to: 11344 JOURNAL OF THE HOUSE [97TH DAY (1) the total farm market value plus the timberlands value agricultural market value plus the rural vacant market value plus the managed forest market value; divided by (2) the acres of deeded farmland plus the acres of timber agricultural land plus the rural vacant land plus the managed forest land. (c) The total farm market value, timberlands value, acres of deeded farmland, and acres of timber agricultural market value, rural vacant market value, and managed forest market value or equivalent are determined from data collected by the Department of Revenue during its annual spring mini abstract survey. If the Department of Revenue changes its property type groups for its annual spring mini abstract survey, the agricultural market value, the rural vacant market value, and the managed forest market value shall be determined by the commissioner from data collected by the Department of Revenue in a manner that provides the most reasonable substitute for the market values as presently reported. The commissioner must use the most recent available data for the city or township within which the easement corridor is located. (d) The commissioner shall periodically review the easement payment rates under this subdivision to determine whether the stream easement payments reflect current shoreland market values.
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