Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7767

 

STATE OF MINNESOTA

 

 

EIGHTY-NINTH SESSION - 2016

 

_____________________

 

NINETIETH DAY

 

Saint Paul, Minnesota, Thursday, April 28, 2016

 

 

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

 

      Prayer was offered by the Reverend Sarah Breckenridge, St. Andrew's Lutheran Church, Mahtomedi, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Melin, Slocum and Ward were excused.

 

      Wagenius was excused until 1:20 p.m.  Allen was excused until 1:25 p.m.  Lesch was excused until 1:30 p.m.  Metsa was excused until 1:35 p.m.  Garofalo was excused until 2:25 p.m.  Mariani was excused until 2:30 p.m.  Isaacson was excused until 3:50 p.m. 

 

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


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7768

REPORTS OF CHIEF CLERK

 

      S. F. No. 2381 and H. F. No. 2688, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Sanders moved that S. F. No. 2381 be substituted for H. F. No. 2688 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2459 and H. F. No. 2572, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Zerwas moved that S. F. No. 2459 be substituted for H. F. No. 2572 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2862 and H. F. No. 2976, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Pinto moved that S. F. No. 2862 be substituted for H. F. No. 2976 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3084 and H. F. No. 3497, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Mariani moved that S. F. No. 3084 be substituted for H. F. No. 3497 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3113 and H. F. No. 2797, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

      Smith moved that S. F. No. 3113 be substituted for H. F. No. 2797 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 3829, A bill for an act relating to state government; appropriating money from outdoor heritage fund; modifying Lessard-Sams Outdoor Heritage Council provisions; modifying legacy funds provisions; modifying prior appropriations; amending Minnesota Statutes 2014, section 97A.056, subdivisions 2, 10, by adding a subdivision; Minnesota Statutes 2015 Supplement, sections 85.53, subdivision 2; 129D.17, subdivision 2; Laws 2015, First Special Session chapter 2, article 1, section 2, subdivisions 2, 3, 5; article 4, section 2, subdivision 3.

 

Reported the same back with the following amendments:


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7769

Page 41, line 24, delete ", or a similar project or program,"

 

Page 43, line 7, delete ", or a similar project or program,"

 

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 3829 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 2381, 2459, 2862, 3084 and 3113 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Fischer and Dean, M., introduced:

 

H. F. No. 3976, A bill for an act relating to waters; appropriating money for water supply sustainability study and augmentation design; providing project protections for the city of Vadnais Heights.

 

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

 

 

Pierson; Dean, M.; Anderson, S.; Anderson, M., and Albright introduced:

 

H. F. No. 3977, A bill for an act relating to human services; appropriating money for a grant to Olmsted Outreach for Project Legacy.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

Hancock, Green, Pugh, Lohmer and Johnson, B., introduced:

 

H. F. No. 3978, A bill for an act relating to public safety; prohibiting minors from possessing or disseminating indecent images; allowing retroactive applications for relief; creating penalties; proposing coding for new law in Minnesota Statutes, chapter 617.

 

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7770

Atkins and Hoppe introduced:

 

H. F. No. 3979, A resolution memorializing the Joint Committee on the Library of Congress and the Architect of the Capitol to commemorate Prince with a statue representing Minnesota at the National Statuary Hall in the United States Capitol.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

H. F. No. 2994, A bill for an act relating to workers' compensation; reinsurance; modifying retention limits; amending Minnesota Statutes 2014, section 79.34, subdivision 2.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

S. F. Nos. 2315, 2414, 2733, 2793, 2857 and 2986.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2315, A bill for an act relating to transportation; highways; designating the segment of marked Trunk Highway 7 in McLeod County as Patrol Officer Michael Alan Hogan Memorial Highway; amending Minnesota Statutes 2014, section 161.14, by adding a subdivision.

 

The bill was read for the first time. 

 

Urdahl moved that S. F. No. 2315 and H. F. No. 3104, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2414, A bill for an act relating to human services; modifying the office of ombudsman for long-term care, mental health treatment services, and miscellaneous policy provisions; amending Minnesota Statutes 2014, sections 148.975, subdivision 1; 148B.1751; 148F.13, subdivision 2; 245.462, subdivision 18; 245.4871, subdivision 27;


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7771

245A.11, subdivision 2a; 256.974; 256.9741, subdivision 5, by adding subdivisions; 256.9742; 256B.0622, as amended; 256B.0947, subdivision 2; Minnesota Statutes 2015 Supplement, sections 256.01, subdivision 12a; 256B.0911, subdivision 3a; 256I.04, subdivision 2a; 402A.18, subdivision 3.

 

The bill was read for the first time. 

 

Albright moved that S. F. No. 2414 and H. F. No. 3199, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2733, A bill for an act relating to labor and industry; occupational safety and health; modifying the AWAIR program; amending Minnesota Statutes 2014, section 182.653, subdivision 9.

 

The bill was read for the first time. 

 

Rarick moved that S. F. No. 2733 and H. F. No. 2992, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2793, A bill for an act relating to natural resources; providing for control of invasive species; modifying wild rice license requirements; providing for streamlined review of certain plans and regulations; modifying and providing civil penalties; prohibiting new muskellunge waters; requiring reports; amending Minnesota Statutes 2014, sections 17.4982, subdivision 18a; 84.027, subdivision 13; 84.091, subdivision 2; 84D.01, subdivision 2; 84D.05, subdivision 1; 84D.09, subdivision 2; 84D.10, subdivision 4; 84D.108, by adding a subdivision; 84D.13, subdivision 4; 116G.15, by adding a subdivision; Minnesota Statutes 2015 Supplement, sections 84.027, subdivision 13a; 84D.11, subdivision 1; 84D.13, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 84D; 97C.

 

The bill was read for the first time. 

 

McNamara moved that S. F. No. 2793 and H. F. No. 2866, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2857, A bill for an act relating to human services; modifying the disability waiver rate system; amending Minnesota Statutes 2014, section 256B.0916, subdivision 8; repealing Laws 2015, chapter 71, article 7, section 56.

 

The bill was read for the first time. 

 

Peterson moved that S. F. No. 2857 and H. F. No. 3486, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2986, A bill for an act relating to local government; authorizing cities to exempt land less than 20 acres from the fence-viewing process; authorizing cities to adopt fence policies; amending Minnesota Statutes 2014, sections 344.011; 344.20.

 

The bill was read for the first time. 

 

Pugh moved that S. F. No. 2986 and H. F. No. 2757, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7772

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

 

 

RECESS

 

 

RECONVENED

 

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

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

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

 

S. F. Nos. 3162 and 3262.

 

JoAnne M. Zoff, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 3162, A bill for an act relating to public safety; modifying the amount the propane education research council may assess; amending Laws 2001, chapter 130, section 3.

 

The bill was read for the first time. 

 

Baker moved that S. F. No. 3162 and H. F. No. 3251, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 3262, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 28 as Staff Sergeant Kevin Witte Memorial Highway; amending Minnesota Statutes 2015 Supplement, section 161.14, by adding a subdivision.

 

The bill was read for the first time. 

 

Backer moved that S. F. No. 3262 and H. F. No. 3652, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7773

CALENDAR FOR THE DAY

 

 

      H. F. No. 3467 was reported to the House.

 

 

Dean, M., moved to amend H. F. No. 3467, the second engrossment, as follows:

 

Page 103, delete section 21

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Dean, M., moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 126, line 15, after "reporting" insert "must be derived from existing data sources and must not require new data collection by providers.  The expanded reporting must be at the medical group level and"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Sanders moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 156, after line 22, insert:

 

"Sec. 24.  Minnesota Statutes 2015 Supplement, section 16C.073, subdivision 2, is amended to read:

 

Subd. 2.  Purchases.  (a) Whenever practicable, a public entity shall:

 

(1) purchase uncoated copy paper, office paper, and printing paper;

 

(2) purchase recycled content copy paper with at least 30 percent postconsumer material by weight and purchase printing and office paper with at least ten percent postconsumer material by weight;

 

(3) purchase copy, office, and printing paper which has not been dyed with colors, excluding pastel colors;

 

(4) purchase recycled content copy, office, and printing paper that is manufactured using little or no chlorine bleach or chlorine derivatives;

 

(5) use reusable binding materials or staples and bind documents by methods that do not use glue;

 

(6) use soy-based inks;


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7774

(7) purchase printer or duplication cartridges that:

 

(i) have ten percent postconsumer material; or

 

(ii) are purchased as remanufactured; or

 

(iii) are backed by a vendor-offered program that will take back the printer cartridges after their useful life, ensure that the cartridge is recycled, and comply with the definition of recycling in section 115A.03, subdivision 25b;

 

(7) (8) produce reports, publications, and periodicals that are readily recyclable; and

 

(8) (9) purchase paper which has been made on a paper machine located in Minnesota.

 

(b) Paragraph (a), clause (1), does not apply to coated paper that is made with at least 50 percent postconsumer material.

 

(c) A public entity shall print documents on both sides of the paper where commonly accepted publishing practices allow."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Zerwas moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 47, line 14, reinstate the stricken language

 

Page 47, line 18, after "expectancy" insert "for hospice patients who meet the criteria in subdivision 6, clause (2)"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Franson moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 68, after line 34, insert:

 

"(b) Within the available appropriation for the feasibility study, the commissioner must evaluate each of the six issues listed in paragraph (a)."

 

Page 69, line 1, delete "(b)" and insert "(c)"

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7775

Newberger moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 180, after line 24, insert:

 

"Sec. 4.  [609.5001] INTERFERING WITH PUBLIC SAFETY HELICOPTERS; UNMANNED AERIAL VEHICLES.

 

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

 

(b) "Public safety helicopter" is a helicopter operated by a law enforcement agency, fire department, or emergency medical service provider.

 

(c) "Unmanned aerial vehicle" means a powered, aerial vehicle that:

 

(1) does not carry a human operator;

 

(2) can fly autonomously or be piloted remotely;

 

(3) uses aerodynamic forces to provide vehicle lift;

 

(4) can be expendable or recoverable; and

 

(5) can carry a lethal or nonlethal payload.

 

Subd. 2.  Crime.  Whoever knowingly operates an unmanned aerial vehicle within one mile of a public safety helicopter during operations is guilty of a crime and shall be punished as provided in subdivision 3.

 

Subd. 3.  Penalty.  (a) A person who violates subdivision 2 is guilty of a misdemeanor.

 

(b) A person who violates subdivision 2 a second or subsequent time is guilty of a gross misdemeanor.

 

Subd. 4.  Exception.  A person does not violate subdivision 2 if the person receives permission to operate an unmanned aerial vehicle within one mile of a public safety helicopter during operations from the law enforcement agency, fire department, or emergency medical service provider operating the public safety helicopter."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 36, after the semicolon, insert "prohibiting the use of unmanned vehicles near public safety helicopters;"

 

Correct the title numbers accordingly

 

 

Newberger moved to amend the Newberger amendment to H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 1, delete lines 21 to 24 and insert:


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7776

"Subd. 4.  Exception.  This section does not apply to an unmanned aerial vehicle operated by a law enforcement agency, fire department, or emergency medical service provider if:

 

(1) the law enforcement agency, fire department, or emergency medical service provider operating the unmanned aerial vehicle establishes radio communications with the pilot of the public safety helicopter;

 

(2) the pilot of the public safety helicopter (i) determines dual operation is safe and does not pose a threat to the public safety helicopter's mission, and (ii) notifies the law enforcement agency, fire department, or emergency medical service provider that operation of the unmanned aerial vehicle is authorized;

 

(3) the unmanned aerial vehicle operates no closer than 500 feet from the public safety helicopter and the identified landing zone; and

 

(4) operation of the unmanned aerial vehicle within the landing zone area does not begin until after the law enforcement agency, fire department, or emergency medical service provider has received authorization from the pilot of the public safety helicopter."

 

 

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

 

 

      The question recurred on the Newberger amendment, as amended, to H. F. No. 3467, the second engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

      The Speaker called Davids to the Chair.

 

 

Pugh moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 180, after line 4, insert:

 

"Sec. 3.  Minnesota Statutes 2014, section 243.166, subdivision 1b, is amended to read:

 

Subd. 1b.  Registration required.  (a) A person shall register under this section if:

 

(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:

 

(i) murder under section 609.185, paragraph (a), clause (2);

 

(ii) kidnapping under section 609.25;

 

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; or

 

(iv) indecent exposure under section 617.23, subdivision 3;

 

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b); false imprisonment in violation of section 609.255, subdivision 2; solicitation, inducement, or promotion of the


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7777

prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322; a prostitution offense involving a minor under the age of 13 years in violation of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a sexual performance in violation of section 617.246; or possessing pornographic work involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;

 

(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or

 

(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.

 

(b) A person also shall register under this section if:

 

(1) the person was charged with or petitioned for an offense in another state that would be a violation of a law described in paragraph (a) if committed in this state and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;

 

(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer; and

 

(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.

 

If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.

 

(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.

 

(d) A person also shall register under this section if:

 

(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;

 

(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and

 

(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.

 

EFFECTIVE DATE.  This section is effective August 1, 2016, and applies to crimes committed on or after that date."


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7778

Page 180, after line 24, insert:

 

"Sec. 5.  Minnesota Statutes 2015 Supplement, section 609.324, subdivision 1, is amended to read:

 

Subdivision 1.  Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties.  (a) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:

 

(1) engages in prostitution with an individual under the age of 13 years; or

 

(2) hires or offers or agrees to hire an individual under the age of 13 years to engage in sexual penetration or sexual contact; or

 

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of
13 years to engage in sexual penetration or sexual contact
.

 

(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

 

(1) engages in prostitution with an individual under the age of 16 years but at least 13 years; or

 

(2) hires or offers or agrees to hire an individual under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contact; or

 

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of
16 years but at least 13 years to engage in sexual penetration or sexual contact
.

 

(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

 

(1) engages in prostitution with an individual under the age of 18 years but at least 16 years;

 

(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact; or

 

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of
18 years but at least 16 years to engage in sexual penetration or sexual contact.

 

EFFECTIVE DATE.  This section is effective August 1, 2016, and applies to crimes committed on or after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7779

           The question was taken on the Pugh amendment and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The motion prevailed and the amendment was adopted.

 

 

Loon moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 69, line 27, after the period, insert "Within available appropriations,"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Kiel moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 49, after line 29, insert:

 

"Sec. 13.  [145.417] LICENSURE OF CERTAIN FACILITIES THAT PERFORM ABORTIONS.

 

Subdivision 1.  License required for facilities that perform ten or more abortions per month.  (a) A clinic, health center, or other facility in which the pregnancies of ten or more women known to be pregnant are willfully terminated or aborted each month shall be licensed by the commissioner of health and, notwithstanding Minnesota Rules, part 4675.0100, subparts 8 and 9, subject to the licensure requirements provided in Minnesota Rules,
chapter 4675.  The commissioner shall not require a facility licensed as a hospital or as an outpatient surgical center, pursuant to sections 144.50 to 144.56, to obtain a separate license under this section, but may subject these facilities to inspections and investigations as permitted under subdivision 2.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7780

(b) The commissioner of health, the attorney general, an appropriate county attorney, or a woman upon whom an abortion has been performed or attempted to be performed at an unlicensed facility may seek an injunction in district court against the continued operation of the facility.  Proceedings for securing an injunction may be brought by the attorney general or by the appropriate county attorney.

 

(c) Sanctions provided in this subdivision do not restrict other available sanctions.

 

Subd. 2.  Inspections; no notice required.  No more than two times per year, the commissioner of health shall perform routine and comprehensive inspections and investigations of facilities described under subdivision 1.  Every clinic, health center, or other facility described under subdivision 1, and any other premises proposed to be conducted as a facility by an applicant for a license, shall be open at all reasonable times to inspection authorized in writing by the commissioner of health.  No notice need be given to any person prior to any inspection.

 

Subd. 3.  Licensure fee.  (a) The annual license fee for facilities required to be licensed under this section is $3,712.

 

(b) Fees shall be collected and deposited according to section 144.122.

 

Subd. 4.  Suspension, revocation, and refusal to renew.  The commissioner of health may refuse to grant or renew, or may suspend or revoke a license on any of the following grounds:

 

(1) violation of any of the provisions of this section or Minnesota Rules, chapter 4675;

 

(2) permitting, aiding, or abetting the commission of any illegal act in the facility;

 

(3) conduct or practices detrimental to the welfare of the patient;

 

(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or

 

(5) if there is a pattern of conduct that involves one or more physicians in the facility who have a financial or economic interest in the facility, as defined in section 144.6521, subdivision 3, and who have not provided notice and disclosure of the financial or economic interest as required by section 144.6521.

 

Subd. 5.  Hearing.  Prior to any suspension, revocation, or refusal to renew a license, the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to 14.69.  At each hearing, the commissioner of health shall have the burden of establishing that a violation described in subdivision 4 has occurred.  If a license is revoked, suspended, or not renewed, a new application for a license may be considered by the commissioner if the conditions upon which revocation, suspension, or refusal to renew was based have been corrected and evidence of this fact has been satisfactorily furnished.  A new license may be granted after proper inspection has been made and all provisions of this section and Minnesota Rules, chapter 4675, have been complied with and a recommendation for licensure has been made by the commissioner or by an inspector as an agent of the commissioner.

 

Subd. 6.  Severability.  If any one or more provision, section, subdivision, sentence, clause, phrase, or word of this section or the application of it to any person or circumstance is found to be unconstitutional, it is declared to be severable and the balance of this section shall remain effective notwithstanding such unconstitutionality.  The legislature intends that it would have passed this section, and each provision, section, subdivision, sentence, clause, phrase, or word, regardless of the fact that any one provision, section, subdivision, sentence, clause, phrase, or word is declared unconstitutional."


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7781

Page 127, line 7, delete "362,000" and insert "394,000"

 

Page 127, after line 16, insert:

 

"Licensure of Certain Facilities That Perform Abortions.  $32,000 in fiscal year 2017 from the state government special revenue fund is for licensing activities under Minnesota Statutes, section 145.417."

 

Correct the section totals and the summaries by fund

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

CALL OF THE HOUSE

 

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

 


Albright

Allen

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hornstein

Hortman

Howe

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

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

 

 

      Hilstrom was excused between the hours of 2:20 p.m. and 4:10 p.m.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7782

           Persell was excused between the hours of 2:35 p.m. and 2:50 p.m.

 

 

      The question recurred on the Kiel amendment and the roll was called.  There were 76 yeas and 52 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Marquart

McDonald

McNamara

Miller

Murphy, M.

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hornstein

Hortman

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Masin

Metsa

Moran

Mullery

Murphy, E.

Nelson

Newton

Norton

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Yarusso

Youakim


 

 

      The motion prevailed and the amendment was adopted.

 

 

Theis moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 28, after line 14, insert:

 

"Sec. 22.  PROHIBITION ON USE OF FUNDS.

 

Subdivision 1.  Use of funds.  Funding for state-sponsored health programs shall not be used for funding abortions, except to the extent necessary for continued participation in a federal program.  This subdivision applies only to state-sponsored health programs that are administered by the commissioner of human services.  For purposes of this section, abortion has the meaning given in Minnesota Statutes, section 144.343, subdivision 3.

 

Subd. 2.  Severability.  If any one or more provision, section, subdivision, sentence, clause, phrase, or word of this section or the application of it to any person or circumstance is found to be unconstitutional, it is declared to be severable and the balance of this section shall remain effective notwithstanding such unconstitutionality.  The


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7783

legislature intends that it would have passed this section, and each provision, section, subdivision, sentence, clause, phrase, or word irrespective of the fact that any one provision, section, subdivision, sentence, clause, phrase, or word is declared unconstitutional."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Theis amendment and the roll was called.  There were 76 yeas and 53 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Marquart

McDonald

McNamara

Miller

Murphy, M.

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hornstein

Hortman

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Masin

Metsa

Moran

Mullery

Murphy, E.

Nelson

Newton

Norton

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Yarusso

Youakim


 

 

      The motion prevailed and the amendment was adopted.

 

 

CALL OF THE HOUSE LIFTED

 

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

 

 

      Schoen offered an amendment to H. F. No. 3467, the second engrossment, as amended.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7784

CALL OF THE HOUSE

 

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

 


Albright

Allen

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hoppe

Hornstein

Hortman

Howe

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

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

 

 

POINT OF ORDER

 

      Nash raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Schoen amendment was not in order.  Speaker pro tempore Davids ruled the point of order well taken and the Schoen amendment out of order.

 

 

      Halverson offered an amendment to H. F. No. 3467, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Albright raised a point of order pursuant to rule 3.21 that the Halverson amendment was not in order.  Speaker pro tempore Davids ruled the point of order well taken and the Halverson amendment out of order.

 

 

      Halverson appealed the decision of Speaker pro tempore Davids.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7785

           The vote was taken on the question "Shall the decision of Speaker pro tempore Davids stand as the judgment of the House?" and the roll was called.  There were 76 yeas and 53 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Marquart

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Baker

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hornstein

Hortman

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Persell

Pinto

Rosenthal

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Yarusso

Youakim


 

 

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

 

 

Murphy, E., moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 170, line 11, strike "a minimum of three potential sources of coverage" and insert "all entities referenced in subdivision 1 that are doing business in any county in which the school district is located"

 

Page 170, line 14, strike everything after the period

 

Page 170, line 15, strike "as provided in paragraph (f)."

 

Page 171, lines 10 to 29, strike the old language and delete the new language

 

Renumber the paragraphs in sequence

 

 

      A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7786

CALL OF THE HOUSE LIFTED

 

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

 

 

      Sundin was excused between the hours of 3:35 p.m. and 6:00 p.m.

 

 

      Speaker pro tempore Davids called Garofalo to the Chair.

 

 

      The question recurred on the Murphy, E., amendment and the roll was called.  There were 48 yeas and 78 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Carlson

Clark

Considine

Cornish

Davids

Davnie

Dehn, R.

Ecklund

Erhardt

Flanagan

Freiberg

Hansen

Hausman

Hornstein

Hortman

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Loeffler

Mahoney

Mariani

Marquart

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Pelowski

Persell

Pinto

Schoen

Schultz

Simonson

Thissen

Urdahl

Wagenius

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Barrett

Bennett

Bly

Christensen

Daniels

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Fischer

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Liebling

Lien

Lillie

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

Norton

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schomacker

Scott

Selcer

Smith

Swedzinski

Theis

Torkelson

Uglem

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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

 

 

Drazkowski moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 21, line 14, after "account" insert ":  (1)"

 

Page 21, line 15, delete ", and" and insert "; (2)"

 

Page 21, line 17, after "initiative" insert "; and (3) all state savings resulting from implementation of the vendor contract under section 256B.0563, minus any payments to the vendor made under the terms of the revenue sharing agreement"


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7787

Page 21, after line 26, insert:

 

"Sec. 2.  [256B.0563] ELIGIBILITY VERIFICATION.

 

Subdivision 1.  Verification required; vendor contract.  (a) The commissioner shall ensure that medical assistance and MinnesotaCare eligibility determinations through the MNsure information technology system and through agency eligibility determination systems include the computerized verification of income, residency, identity, and, when applicable, assets.

 

(b) The commissioner shall contract with a vendor to verify the eligibility of all persons enrolled in medical assistance and MinnesotaCare during a specified audit period.  This contract shall be exempt from sections 16C.08, subdivision 2, clause (1); 16C.09, paragraph (a), clause (1); 43A.047, paragraph (a), and any other law to the contrary.

 

(c) The contract must require the vendor to comply with enrollee data privacy requirements and to use encryption to safeguard enrollee identity.  The contract must also provide penalties for vendor noncompliance.

 

(d) The contract must include a revenue sharing agreement, under which vendor compensation is limited to a portion of any savings to the state resulting from the vendor's implementation of eligibility verification initiatives under this section.

 

(e) The commissioner shall use existing resources to fund any agency administrative and technology-related costs incurred as a result of implementing this section.

 

Subd. 2.  Verification process; vendor duties.  (a) The verification process implemented by the vendor must include, but is not limited to, data matches of the name, date of birth, address, and Social Security number of each medical assistance and MinnesotaCare enrollee against relevant information in federal and state data sources, including the federal data hub established under the Affordable Care Act.  In designing the verification process, the vendor, to the extent feasible, shall incorporate procedures that are compatible and coordinated with, and build upon or improve, existing procedures used by the MNsure information technology system and agency eligibility determination systems.

 

(b) The vendor, upon preliminary determination that an enrollee is eligible or ineligible, shall notify the commissioner.  Within 20 business days of this notification, the commissioner shall accept the preliminary determination or reject it with a stated reason.  The commissioner shall retain final authority over eligibility determinations.  The vendor shall keep a record of all preliminary determinations of ineligibility communicated to the commissioner.

 

(c) The vendor shall recommend to the commissioner an eligibility verification process that will allow ongoing verification of enrollee eligibility under the MNsure information technology system and agency eligibility determination systems.

 

(d) The commissioner and the vendor, following the conclusion of the initial contract period, shall jointly submit an eligibility verification audit report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.  The report shall include, but is not limited to, information, in the form of unidentified summary data, on preliminary determinations of eligibility or ineligibility communicated by the vendor; the actions taken on those preliminary determinations by the commissioner; and the commissioner's reasons for rejecting preliminary determinations by the vendor.  The report must also include the recommendations for ongoing verification of enrollee eligibility required under paragraph (c).


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7788

(e) An eligibility verification vendor contract shall be awarded for an initial one-year period.  The commissioner shall renew the contract for up to three additional one-year periods and require additional eligibility verification audits, if the commissioner or the legislative auditor determines that the MNsure information technology system and agency eligibility determination systems cannot effectively verify the eligibility of medical assistance and MinnesotaCare enrollees."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      McDonald was excused between the hours of 4:00 p.m. and 8:00 p.m.

 

 

      The question was taken on the Drazkowski amendment and the roll was called.  There were 116 yeas and
12 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Carlson

Christensen

Clark

Considine

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lesch

Liebling

Lien

Lillie

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Marquart

Masin

McNamara

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Bly

Davnie

Dehn, R.

Hansen

Hausman

Laine

Loeffler

Mahoney

Mariani

Metsa

Norton

Wagenius


 

 

      The motion prevailed and the amendment was adopted.

 

 

Thissen moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 145, after line 27, insert:


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7789

"Section 1.  Minnesota Statutes 2014, section 3.012, is amended to read:

 

3.012 LEGISLATIVE DAY.

 

A legislative day is a day when either house of the legislature is called to order.  A legislative day begins at seven o'clock a.m. and continues until seven o'clock a.m. of the following calendar day.  A house of the legislature may not meet in a floor session between 12:00 a.m. and 7:00 a.m., except on and after the first Monday in May.

 

Sec. 2.  [3.054] NOTICE OF REQUEST FOR CONCURRENCE.

 

This section applies when one chamber of the legislature amends a bill that originated in the other chamber and sends a message asking that the chamber of origin concur in the amendments.  At least 24 hours before the chamber in which the bill originated votes to concur or not concur in the amendments made by the other chamber, a written or electronic copy of the message requesting concurrence must:  (1) be placed on the desk of each member of the chamber or delivered electronically to each member; and (2) be made available to the public.

 

Sec. 3.  Minnesota Statutes 2014, section 3.055, is amended by adding a subdivision to read:

 

Subd. 1b.  Conference committees.  (a) All meetings of conference committees must be open to the public.  All conference committees must provide an opportunity for public testimony.  Conference committees must give notice of a public meeting at least 12 hours before adopting a final conference committee agreement.

 

(b) At least 24 hours before a chamber acts on the report of a conference committee, a written or electronic copy of the report of the conference committee:  (1) must be placed on the desk of each member of the chamber or delivered electronically to each member; and (2) must be made available to the public.

 

Sec. 4.  Minnesota Statutes 2014, section 3.098, is amended to read:

 

3.098 EXPENSE REPORTS.

 

(a) The house of representatives and senate shall by rule require detailed quarterly reports of expenditures by the house of representatives and senate to their respective committees on rules and legislative administration.  These reports are public information.

 

(b) The house of representatives and senate must publish information related to expense reimbursements to members, including per diem, mileage, lodging, and any other reimbursement, on a monthly basis.  The house of representatives and senate must publish all committee budgets and a quarterly update on expenditures from those budgets.  The house of representatives and senate must publish quarterly financial reports on all house expenditures.  Publication must be on the legislative Web site."

 

Page 177, after line 10, insert:

 

"Sec. 49.  EXPANDED PUBLIC ACCESS TO LEGISLATIVE RECORDS AND MEETINGS; STUDY AND RECOMMENDATIONS.

 

(a) No later than December 15, 2016, the Legislative Commission on Data Practices and Personal Data Privacy must study and recommend options for expanding public access to legislative records and meetings.  The recommendations must facilitate increased public access, participation, and accountability in the legislative process, while also preserving the rights and duties of the legislature and its members to function as a constitutional coequal branch of government.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7790

(b) The study and recommendations should consider:

 

(1) current laws, rules, and customs and practices of the legislature that provide public access to legislative records and meetings;

 

(2) the experiences of other state legislatures in providing public access to their records and meetings;

 

(3) the potential benefits and risks to the legislative process in expanded public access to records and meetings;

 

(4) the potential benefits and risks to constituents and other individual members of the public in expanded access to legislative records and meetings; and

 

(5) impacts on the administrative operations of the legislature in implementing any recommended change, including the potential for increased costs or staffing needs."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Thissen amendment and the roll was called.  There were 60 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Drazkowski

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Knoblach

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lucero

Mahoney

Mariani

Marquart

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Thissen

Wagenius

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Koznick

Kresha

Lohmer

Loon

Loonan

Lueck

Mack

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7791

           Rosenthal was excused between the hours of 4:30 p.m. and 5:50 p.m.

 

 

Hilstrom moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 180, after line 24, insert:

 

"Sec. 4.  [609.2233] FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCE.

 

A person who violates section 609.221, 609.222, or 609.223 because of the victim's or another person's actual or perceived race, color, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable.

 

EFFECTIVE DATE.  This section is effective August 1, 2016, and applies to crimes committed on or after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hilstrom amendment and the roll was called.  There were 76 yeas and 52 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anderson, C.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Bennett

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dean, M.

Dehn, R.

Ecklund

Erhardt

Fenton

Fischer

Flanagan

Freiberg

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Mahoney

Mariani

Marquart

Masin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

O'Neill

Pelowski

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Rarick

Schoen

Schultz

Selcer

Simonson

Theis

Thissen

Urdahl

Wagenius

Wills

Yarusso

Youakim

Zerwas


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Backer

Baker

Barrett

Christensen

Cornish

Daniels

Davids

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hancock

Heintzeman

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Lohmer

Loonan

Lucero

Lueck

Mack

McNamara

Nash

Newberger

Nornes

O'Driscoll

Peppin

Pugh

Quam

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Torkelson

Uglem

Vogel

Whelan

Spk. Daudt


 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7792

Clark moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 53, after line 8, insert:

 

"Sec. 20.  [448.57] SIGNS REQUIRED AT CERTAIN ATHLETIC FIELDS AND PLAYGROUNDS.

 

The owner or operator of an athletic field or playground containing crumb rubber that is located on land leased or owned by a municipality shall post a sign in a conspicuous location that is visible to individuals who use the facilities that states:

 

"The Minnesota Department of Health encourages all those using athletic fields and playgrounds containing crumb rubber to observe the following recommendations:

 

1. Wash hands and exposed body parts aggressively after playing on the field.

 

2. Turn clothes inside out as soon as possible after using the field to avoid tracking dust and infill to other locations.

 

3. Keep beverages closed and in bags or coolers when not drinking to minimize contamination from field dust and fibers.

 

4. Be aware of signs of heat-related illness and dehydration.  Fields can get excessively hot on warm, sunny days.  Take all necessary precautions."

 

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

 

Sec. 21.  [448.58] ATHLETIC FIELDS AND PLAYGROUNDS; MORATORIUM; DEFINITIONS.

 

Subdivision 1.  Definitions.  (a) The definitions in this subdivision apply to this section and section 448.57.

 

(b) "Crumb rubber" means rubber processed from a waste tire into granules or larger pieces that are loosely combined to form a nonuniform surface.

 

(c) "Municipality" has the meaning given in section 471.345.

 

(d) "Waste tire" has the meaning given in section 115A.90.

 

Subd. 2.  Moratorium.  (a) No municipality may construct an athletic field or playground containing crumb rubber until July 1, 2019.

 

(b) No athletic field or playground containing crumb rubber may be constructed on land leased or owned by a municipality until July 1, 2019.

 

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


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7793

Page 54, after line 25, insert:

 

"Sec. 24.  REPORT ON HEALTH EFFECTS OF ATHLETIC FIELDS AND PLAYGROUNDS CONSTRUCTED OF CRUMB RUBBER.

 

(a) The commissioner of health shall, by January 1, 2019, submit a report to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over health and environmental policy containing a summary and evaluation of recent studies examining the effects on the environment and human health of athletic fields and playgrounds containing crumb rubber, including a study currently being conducted by the California Office of Environmental Health Hazard Assessment under contract to the California Department of Resources Recycling and Recovery.  Issues that must be addressed in the study include, but are not limited to:

 

(1) identifying chemicals released from crumb rubber from athletic fields and playgrounds of various ages and under different weather conditions;

 

(2) evaluating exposures to chemicals released from crumb rubber that may occur through inhalation, ingestion, and contact with skin; and

 

(3) assessing what, if any, potential health risks are associated with use of athletic fields and playgrounds constructed of crumb rubber.

 

(b) For the purposes of this section, "crumb rubber" means rubber processed from a waste tire into granules or larger pieces that are loosely combined to form a nonuniform surface.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

Kahn moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 156, after line 22, insert:

 

"Sec. 24.  [16C.067] CONFLICT-FREE MINERALS.

 

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

 

(b) "Conflict mineral" means a mineral or mineral derivative determined under federal law to be financing human conflict.  Conflict mineral includes columbite-tantalite (coltan), cassiterite, gold, wolframite, or derivatives of those minerals.

 

(c) "Noncompliant person" means a person:

 

(1) who is required to disclose under federal law information relating to conflict minerals that originated in the Democratic Republic of the Congo or its neighboring countries; and


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7794

(2) for whom the disclosure is not filed, is considered under federal law to be an unreliable determination, or contains false information.

 

Subd. 2.  Prohibition.  No commissioner, head, or chief administrative officer of an agency may knowingly procure goods or services from a noncompliant person.

 

Subd. 3.  Notice.  In any solicitation for goods or services, a commissioner, head, or chief administrative officer of an agency shall provide notice of the requirements of this section."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Johnson, C., offered an amendment to H. F. No. 3467, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Knoblach raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Johnson, C., amendment was not in order.  Speaker pro tempore Garofalo ruled the point of order well taken and the Johnson, C., amendment out of order.

 

 

      Considine appealed the decision of Speaker pro tempore Garofalo.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of Speaker pro tempore Garofalo stand as the judgment of the House?" and the roll was called.  There were 71 yeas and 58 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt



Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7795

           Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Cornish

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Yarusso

Youakim


 

 

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

 

 

      The Speaker resumed the Chair.

 

 

      Hilstrom offered an amendment to H. F. No. 3467, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Albright raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hilstrom amendment was not in order.  The Speaker ruled the point of order well taken and the Hilstrom amendment out of order.

 

 

      Persell offered an amendment to H. F. No. 3467, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Kresha raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Persell amendment was not in order.  The Speaker ruled the point of order well taken and the Persell amendment out of order.

 

 

      Pinto appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 72 yeas and 58 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7796

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Yarusso

Youakim


 

 

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

 

 

Schultz moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 175, delete section 47 and insert:

 

"Sec. 47.  SURROGACY TASK FORCE.

 

Subdivision 1.  Membership.  (a) The Surrogacy Task Force for the study of gestational and traditional surrogacy consists of 24 members, appointed by the commissioner of human services except where otherwise specified, as follows:

 

(1) the commissioner of human services or a person designated by the commissioner of human services;

 

(2) the commissioner of health or a person designated by the commissioner of health;

 

(3) two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader;

 

(4) two senators appointed by the Subcommittee on Committees of the Committee on Rules and Administration, one from the majority party and one from the minority party;

 

(5) one person designated by the chair of the Family Law section and one person designated by the chair of the Children and the Law section of the Minnesota State Bar Association;

 

(6) one person designated by the Minnesota County Attorney's Association;


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7797

(7) one district court judge from the second or fourth judicial district appointed by the chief justice of the Supreme Court and one district court judge with permanent chambers outside of the metropolitan area appointed by the chief justice of the Supreme Court;

 

(8) one person representing Minnesota fertility clinics who is a member of the American Society of Reproductive Medicine;

 

(9) one person representing the Minnesota Legal Services Coalition;

 

(10) one person representing Minnesota-based children's advocacy nonprofits;

 

(11) one person representing Minnesota surrogacy agencies;

 

(12) one person representing mental health professionals who is a member of the American Society for Reproductive Medicine mental health professionals group;

 

(13) one person representing parents' rights advocacy groups;

 

(14) one person representing RESOLVE:  The National Fertility Association having experienced gestational or traditional surrogacy, as appointed by RESOLVE;

 

(15) one woman who has acted as a gestational or traditional surrogate, designated by RESOLVE;

 

(16) one woman who has acted as a gestational or traditional surrogate, designated by the Minnesota Family Council;

 

(17) one person representing Choice Moms organization, designated by that organization;

 

(18) one person representing Outfront Minnesota, designated by that organization;

 

(19) one person representing the Minnesota Family Council, designated by that organization; and

 

(20) one person representing the Minnesota Catholic Conference, designated by that organization.

 

(b) Appointing and designating authorities shall appoint and designate members by July 1, 2016.

 

Subd. 2.  Chair.  The commissioner of human services or the commissioner's designee shall serve as chair.

 

Subd. 3.  Compensation; expenses.  Notwithstanding Minnesota Statutes, section 15.059, members of the Surrogacy Task Force shall serve without compensation or reimbursement of expenses.

 

Subd. 4.  Meetings.  The task force shall meet as frequently and as often as necessary to accomplish its purpose, but no less than quarterly.  The commissioner of human services shall convene the first meeting by July 31, 2016.

 

Subd. 5.  Staffing.  The Department of Human Services shall provide staffing and technical assistance within available resources.

 

Subd. 6.  Duties; report; expiration.  The Surrogacy Task Force shall review and study the legal issues implicated by the practice of gestational and traditional surrogacy in the state of Minnesota and make recommendations to the legislature on legal issues related to surrogacy.  The Surrogacy Task Force must report its findings and make recommendations to address legal issues implicated by surrogacy to the chairs and ranking


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7798

minority members of the legislative committees in the house of representatives and the senate with primary jurisdiction over health and judiciary by January 15, 2017.  The report must include draft legislation to implement the recommendations of the task force.  The task force expires on submission of the report required by this subdivision or on January 16, 2017, whichever is earlier.

 

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

 

Amend the title accordingly

 

 

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

 

 

Clark moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 54, after line 25, insert:

 

"Sec. 22.  LEAD HOME HEALTH STUDY.

 

The commissioner of health must study and make recommendations to the legislature by January 15, 2017, on the potential benefits of implementing legislation to reduce lead hazards in all residential rental units and impose lead hazard testing requirements for all residential rental units in the state.  The commissioner must conduct this study within existing appropriations.  The study must include, but is not limited to:

 

(1) suggestions for legislation to update the Lead Poisoning Prevention Act to implement statewide testing for all lead health hazards as defined by Minnesota Statutes, section 144.9501, in residential rental units;

 

(2) updates that would be necessary to the Lead Poisoning Prevention Act to ensure that future testing would be mandatory for all lead health hazards, including dust, paint, soil, and residential drinking water;

 

(3) the number of individuals that would need to be licensed by the Department of Health to implement a statewide lead testing requirement on residential rental units;

 

(4) the estimated costs to the department and to landlords for lead testing and lead remediation or abatement, if a statewide lead testing requirement on residential units was imposed by the legislature;

 

(5) an analysis of the cost and savings of implementing a statewide lead testing requirement on residential units as compared to the cost of caring for students, youth, and adults who have disabilities due to lead poisoning in Minnesota; and

 

(6) information on the disparate impact of lead poisoning in communities of color and the Native American community compared to the general population."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7799

           The question was taken on the Clark amendment and the roll was called.  There were 63 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anderson, C.

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Cornish

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Knoblach

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Sundin

Theis

Thissen

Wagenius

Wills

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McNamara

Miller

Nash

Newberger

Nornes

Norton

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Torkelson

Uglem

Urdahl

Vogel

Whelan

Zerwas

Spk. Daudt


 

 

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

 

 

      Norton offered an amendment to H. F. No. 3467, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Dean, M., raised a point of order pursuant to rule 3.21 that the Norton amendment was not in order.  The Speaker ruled the point of order well taken and the Norton amendment out of order.

 

 

      Schoen offered an amendment to H. F. No. 3467, the second engrossment, as amended.

 

 

POINT OF ORDER

 

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

 

 

      The Speaker called Davids to the Chair.


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Fischer moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 177, line 12, delete "(a)"

 

Page 177, delete line 13

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Fischer amendment and the roll was called.  There were 62 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Considine

Davnie

Dean, M.

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Runbeck

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Wills

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Zerwas

Spk. Daudt


 

 

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

 

 

Runbeck moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 159, after line 16, insert:

 

"Sec. 31.  Minnesota Statutes 2014, section 154.001, subdivision 2, is amended to read:

 

Subd. 2.  Board of Barber Examiners.  (a) A Board of Barber Examiners is established to consist of three four barber members and one public member, as defined in section 214.02, appointed by the governor.


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(b) The barber members shall be persons who have practiced as registered barbers in this state for at least five years immediately prior to their appointment; shall be graduates from the 12th grade of a high school or have equivalent education, and shall have knowledge of the matters to be taught in registered barber schools, as set forth in section 154.07.  One of the barber members shall be a member of, or recommended by, a union of journeymen barbers that has existed at least two years, and one barber member shall be a member of, or recommended by, a professional organization of barbers.

 

Sec. 32.  Minnesota Statutes 2014, section 154.002, is amended to read:

 

154.002 OFFICERS; COMPENSATION; FEES; EXPENSES.

 

The Board of Barber Examiners shall annually elect a chair and secretary.  It shall adopt and use a common seal for the authentication of its orders and records.  The board shall appoint an executive secretary or enter into an interagency agreement to procure the services of an executive secretary.  The executive secretary shall not be a member of the board and shall be in the unclassified civil service.  The position of executive secretary may be a part-time position.

 

The executive secretary shall keep a record of all proceedings of the board.  The expenses of administering this chapter shall be paid from the appropriations made to the Board of Barber Examiners.

 

Each member of the board shall take the oath provided by law for public officers.

 

A majority of the board, in meeting assembled, may perform and exercise all the duties and powers devolving upon the board.

 

The members of the board shall receive compensation, as provided in section 214.09, for each day spent on board activities, but not to exceed 20 days in any calendar month nor 100 days in any calendar year.

 

The board shall have authority to employ such inspectors, clerks, deputies, and other assistants as it may deem necessary to carry out the provisions of this chapter.

 

Sec. 33.  Minnesota Statutes 2015 Supplement, section 154.003, is amended to read:

 

154.003 FEES.

 

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board, shall be paid to the board.  The board shall deposit the fees in the general fund in the state treasury.

 

(b) The board shall charge the following fees:

 

(1) examination and certificate, registered barber, $85;

 

(2) retake of written examination, registered barber, $10;

 

(3) examination and certificate, apprentice, $80;

 

(4) retake of written examination, apprentice, $10;

 

(5) (3) examination and certificate, instructor, $180;

 

(6) (4) certificate, instructor, $65;


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(7) (5) temporary teacher or apprentice permit, $80;

 

(8) (6) temporary registered barber, military, $85;

 

(9) (7) temporary barber instructor, military, $180;

 

(10) temporary apprentice barber, military, $80;

 

(11) (8) renewal of registration, registered barber, $80;

 

(12) renewal of registration, apprentice, $70;

 

(13) (9) renewal of registration, instructor, $80;

 

(14) (10) renewal of temporary teacher permit, $65;

 

(15) (11) student permit, $45;

 

(16) (12) renewal of student permit, $25;

 

(17) (13) initial shop registration, $85;

 

(18) (14) initial school registration, $1,030;

 

(19) (15) renewal shop registration, $85;

 

(20) (16) renewal school registration, $280;

 

(21) (17) restoration of registered barber registration, $95;

 

(22) restoration of apprentice registration, $90;

 

(23) (18) restoration of shop registration, $105;

 

(24) (19) change of ownership or location, $55;

 

(25) (20) duplicate registration, $40;

 

(26) (21) home study course, $75;

 

(27) (22) letter of registration verification, $25; and

 

(28) (23) reinspection, $100.

 

Sec. 34.  Minnesota Statutes 2014, section 154.01, is amended to read:

 

154.01 REGISTRATION MANDATORY.

 

(a) The registration of the practice of barbering serves the public health and safety of the people of the state of Minnesota by ensuring that individuals seeking to practice the profession of barbering are appropriately trained in the use of the chemicals, tools, and implements of barbering and demonstrate the skills necessary to conduct barber services in a safe, sanitary, and appropriate environment required for infection control.


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(a) (b) No person shall practice, offer to practice, or attempt to practice barbering without a current certificate of registration as a registered barber, issued pursuant to provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 by the Board of Barber Examiners.

 

(b) No person shall serve, offer to serve, or attempt to serve as an apprentice under a registered barber without a current certificate of registration as a registered apprentice or temporary apprentice permit issued pursuant to provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 by the Board of Barber Examiners.  The registered apprentice shall, prior to or immediately upon issuance of the apprentice's certificate of registration, and immediately after changing employment, advise the board of the name, address, and certificate number of the registered barber under whom the registered apprentice is working.

 

(c) A registered barber must only provide barbering services in a registered barber shop or barber school, unless prior authorization is given by the board.

 

(c) (d) No person shall operate a barber shop unless it is at all times under the direct supervision and management of a registered barber and the owner or operator of the barber shop possesses a current shop registration card, issued to the barber shop establishment address, under sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 by the Board of Barber Examiners.

 

(d) (e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering without a current certificate of registration as a registered instructor of barbering or a temporary permit as an instructor of barbering, as provided for the board by rule, issued under sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 by the Board of Barber Examiners.  Barber instruction must be provided in registered barber schools only.

 

(e) (f) No person shall operate a barber school unless the owner or operator possesses a current certificate of registration as a barber school, issued under sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 by the Board of Barber Examiners.

 

Sec. 35.  Minnesota Statutes 2014, section 154.02, is amended to read:

 

154.02 WHAT CONSTITUTES BARBERING DEFINITIONS.

 

Subdivision 1.  What constitutes barbering.  Any one or any combination of the following practices when done upon the head, face, and neck for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment directly or indirectly or without payment for the public generally constitutes the practice of barbering within the meaning of sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28:  to shave the face or neck, trim the beard, clean, condition, cut or bob, color, shape, or straighten the hair of any person of either sex for compensation or other reward received by the person performing such service or any other person; to give facial and scalp massage or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances; to singe, shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics, powders, oils, clays, or lotions to hair, scalp, face, or neck.

 

Subd. 2.  Barber school.  A "barber school" is a place that holds a registration as a barber school in which barbering, as defined in subdivision 1, is practiced by registered student barbers under the direction of registered barber instructors for the purpose of learning and teaching barber skills.

 

Subd. 3.  Barber shop.  A "barber shop" is a place other than a barber school that holds a registration as a barber shop under this chapter in which barbering, as defined in subdivision 1, is practiced.


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Subd. 4.  Certificate of registration.  A "certificate of registration" means the certificate issued to an individual, barber shop, or barber school that is in compliance with the requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28.

 

Subd. 5.  Designated registered barber.  The "designated registered barber" is a registered barber designated as the manager of a barber shop.

 

Subd. 6.  Registered barber.  A "registered barber" is an individual who, for compensation, performs the personal services as defined in subdivision 1, in compliance with this chapter.

 

Sec. 36.  Minnesota Statutes 2014, section 154.04, is amended to read:

 

154.04 PERSONS EXEMPT FROM REGISTRATION.

 

The following persons are exempt from the provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 while in the proper discharge of their professional duties:

 

(1) persons authorized by the law of this state to practice medicine, surgery, osteopathy, and chiropractic;

 

(2) commissioned medical or surgical officers of the United States armed services;

 

(3) registered nurses, licensed practical nurses, and nursing aides performing services under the direction and supervision of a licensed physician or licensed registered nurse, provided, however, that no additional compensation shall be paid for such service and patients who are so attended shall not be charged for barbering;

 

(4) licensed cosmetologists, when providing cosmetology services as defined in section 155A.23, subdivision 3, provided, however, that cosmetologists shall not hold themselves out as barbers or, except in the case of nail technicians, practice their occupation in a barber shop; and

 

(5) persons who perform barbering services for charitable purposes in nursing homes, shelters, missions, individual homes, or other similar facilities, provided, however, that no direct or indirect compensation is received for the services, and that persons who receive barbering services are not charged for the services.

 

Sec. 37.  Minnesota Statutes 2014, section 154.05, is amended to read:

 

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A REGISTERED BARBER.

 

(a) A person is qualified to receive a certificate of registration as a registered barber if the person:

 

(1) who is qualified under the provisions of section 154.06 has successfully completed ten grades of education;

 

(2) who has practiced as a registered apprentice for a period of 12 months under the immediate personal supervision of a registered barber; and (2) has successfully completed 1,500 hours of study in a board-approved barber school; and

 

(3) who has passed an examination conducted by the board to determine fitness to practice barbering

 

(3) has passed an examination conducted by the board to determine fitness to practice barbering.

 

An apprentice (b) A first-time applicant for a certificate of registration to practice as a registered barber who fails to pass the comprehensive examination conducted by the board and who fails to pass a onetime retake of the written examination, shall continue to practice as an apprentice for complete an additional 300 500 hours of barber education before being eligible to retake the comprehensive examination as many times as necessary to pass.


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Sec. 38.  Minnesota Statutes 2014, section 154.065, subdivision 2, is amended to read:

 

Subd. 2.  Qualifications.  A person is qualified to receive a certificate of registration as an instructor of barbering who:

 

(1) is a graduate of an approved high school, or its equivalent, as determined by examination by the Department of Education;

 

(2) has successfully completed vocational instructor training from a board-approved program or accredited college or university program that includes the following courses or their equivalents as determined by the board:

 

(i) introduction to career and technical education training;

 

(ii) philosophy and practice of career and technical education;

 

(iii) course development for career and technical education;

 

(iv) instructional methods for career and technical education; and

 

(v) human relations;

 

(3) is currently a registered barber and has at least three years experience as a registered barber in this state, or its equivalent in another state or jurisdiction as determined by the board; and

 

(4) has passed an examination conducted by the board to determine fitness to instruct in barbering.

 

Sec. 39.  Minnesota Statutes 2014, section 154.065, subdivision 4, is amended to read:

 

Subd. 4.  Examinations.  Examinations under this section shall be held not to exceed twice a year at times and at a place or places to be determined by the board.  In case of an emergency, there being no registered instructor of barbering available, a temporary certificate as an instructor of barbering, valid only until the results of the next examination are released, may be issued upon such terms and conditions as the board may prescribe.

 

Sec. 40.  Minnesota Statutes 2014, section 154.07, is amended to read:

 

154.07 BARBER SCHOOLS; REQUIREMENTS.

 

Subdivision 1.  Admission requirements; course of instruction.  No barber school shall be approved by the board unless it requires, as a prerequisite to admission, ten grades of an approved school or its equivalent, as determined by educational transcript, high school diploma, high school equivalency certificate, or an examination conducted by the commissioner of education, which shall issue a certificate that the student has passed the required examination, and unless it requires, as a prerequisite to graduation, a course of instruction of at least 1,500 hours, of not more than eight ten hours of schooling in any one working day.  The course of instruction must include the following subjects:  scientific fundamentals for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of the head, face, and neck; elementary chemistry relating to sanitation; disinfection; sterilization and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting and dyeing the hair; and the chemical waving and straightening of hair.

 

Subd. 3.  Costs.  It is permissible for barber schools to make a reasonable charge for materials used and services rendered by students for work done in the schools by students.


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Subd. 3a.  Number of instructors.  There must be one registered instructor of barbering for every 17 20 students or minor fraction in excess of 17 in attendance at the same time.  Instruction must not be performed by persons not possessing a certificate of registration as an instructor of barbering or a temporary permit as an instructor of barbering.

 

Subd. 4.  Building requirements.  Each barber school must be conducted and operated in one building, or in connecting buildings, and a barber school must not have any department or branch in a building completely separated or removed from the remainder of the barber school.

 

Subd. 5.  Owner's requirements.  Any person may own and operate a barber school if the person has had six years' continuous experience as a barber, provided the person first secures from the board an annual certificate of registration as a barber school, keeps it prominently displayed, and before commencing business:

 

(1) files with the secretary of state a bond to the state approved by the attorney general in the sum of $25,000, conditioned upon the faithful compliance of the barber school with sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28, and to pay all judgments that may be obtained against the school, or the owners thereof, on account of fraud, misrepresentation, or deceit practiced by them or their agents; and

 

(2) keeps prominently displayed on the exterior a substantial sign indicating that the establishment is a barber school.

 

Subd. 5a.  Student permits.  All barber schools upon receiving students shall immediately apply to the board for student permits upon forms for that purpose furnished by the board.

 

Subd. 5b.  Designated operator.  All barber schools shall be operated by a barber with no less than six years of continuous experience as a registered barber in this state or another state or jurisdiction as determined by the board.  When a person who owns a barber school does not meet the requirements of this section to operate a barber school, the owner shall notify the board in writing and under oath of the identity of the person designated to operate the barber school and shall notify the board of any change of operator by telephone within 24 hours of such change, exclusive of Saturdays, Sundays, and legal holidays, and shall notify the board in writing and under oath within
72 hours of such change.

 

Subd. 6.  Operation by technical college or state institution.  A public technical college or a state institution may operate a barber school provided it has in its employment a qualified instructor holding a current certificate of registration as a barber instructor and provided that it secures from the board an annual certificate of registration and does so in accordance with sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 and the rules of the board for barber schools but without the requirement to file a performance bond with the secretary of state.

 

Sec. 41.  Minnesota Statutes 2014, section 154.08, is amended to read:

 

154.08 APPLICATION; FEE.

 

Each applicant for an examination shall:

 

(1) make application to the Board of Barber Examiners on blank forms prepared and furnished by it, the application to contain proof under the applicant's oath of the particular qualifications and identity of the applicant;

 

(2) provide all documentation required in support of the application;


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(3) pay to the board the required fee; and

 

(4) present a government-issued photo identification as proof of identity upon acceptance of the notarized application and present a corresponding government-issued photo identification when the applicant appears for examination.

 

Sec. 42.  Minnesota Statutes 2014, section 154.09, is amended to read:

 

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

 

The board shall conduct examinations of applicants for certificates of registration to practice as registered barbers and apprentices not more than six times each year, at such time and place as the board may determine.  Additional written examinations may be scheduled by the board and conducted by board staff as designated by the board.  The proprietor of a barber school must file an affidavit with the board of hours completed by students applying to take the apprentice registered barber examination.  Students must complete 1,500 hours the full 1,500‑hour curriculum in a barber school approved by the board within the past four years to be eligible for examination.  Barber students who have completed barber school more than four years prior to application, that have not obtained a barber registration, license, or certificate in any jurisdiction must complete an additional 500 hours of barber school education to be eligible for the registered barber examination.  Registered barbers that fail to renew their registration for four or more years are required to take the registered barber examination to reinstate the registration.

 

The examination of applicants for certificates of registration as barbers and apprentices shall include a practical demonstration and a written and oral test.  The examination must cover the subjects usually taught in barber schools registered with the board, including applicable state statute and rule.

 

Sec. 43.  Minnesota Statutes 2014, section 154.10, subdivision 2, is amended to read:

 

Subd. 2.  Certificates of registration; fees.  When the provisions of this chapter have been complied with, the board shall issue a certificate of registration as a registered barber, as a registered apprentice, as a registered instructor of barbering, or as a registered barber school, a temporary apprentice permit, a temporary permit as an instructor of barbering, or a barber shop registration card upon payment of the required fee.  Certificates of registration, temporary permits, and shop registration cards are not transferable.

 

Sec. 44.  Minnesota Statutes 2014, section 154.11, subdivision 1, is amended to read:

 

Subdivision 1.  Examination of nonresidents.  (a) A person who meets all of the requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 and either has a currently active license, certificate of registration, or an equivalent as a practicing barber or instructor of barbering as verified from another state or, if presenting foreign country credentials as verified by a board-approved professional credential evaluation provider, which in the discretion of the board has substantially the same requirements for registering barbers and instructors of barbering as required by sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 or can prove by sworn affidavits practice as a barber or instructor of barbering in another state or country for at least five years immediately prior to making application in this state, 154.28 shall, upon payment of the required fee, be issued a certificate of registration without examination.

 

(b) Individuals without a current documented license, certificate of registration, or equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber education as verified by the barber school attended in the other state or if presenting foreign country education as verified by a board-approved professional credential evaluation provider, completed within the previous four years, which, in the discretion of the board, has substantially the same requirements as required in sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 will be eligible for examination.


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(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject to all the requirements of section 154.05.

 

Sec. 45.  Minnesota Statutes 2015 Supplement, section 154.11, subdivision 3, is amended to read:

 

Subd. 3.  Temporary military permits.  (a) In accordance with section 197.4552, the board shall issue a temporary:

 

(1) permit for apprentice barbers;

 

(2) (1) certificate for registered barbers; and

 

(3) (2) certificate for registered barber instructors.

 

(b) Fees for temporary military permits and certificates of registration under this subdivision are listed under section 154.003.

 

(c) Permits or certificates of registration issued under this subdivision are valid for one year from the date of issuance, after which the individual must complete a full application as required by section 197.4552.

 

Sec. 46.  Minnesota Statutes 2014, section 154.14, is amended to read:

 

154.14 CERTIFICATES OF REGISTRATION AND TEMPORARY PERMITS TO BE DISPLAYED.

 

Every holder of a certificate of registration as a registered barber or registered apprentice or temporary apprentice permit shall display the certificate or permit, with a photograph of the certificate or permit holder that meets the same standards as required for a United States passport, in a conspicuous place adjacent to or near the chair where work is performed.  Every holder of a certificate of registration as an instructor of barbering or a temporary permit as an instructor of barbering shall display the certificate or permit, with a photograph of the certificate or permit holder that meets the same standards as required for a United States passport, in a conspicuous place within the barber school that is accessible to the public.  Every holder of a certificate of registration as a barber school and of a barber shop registration card shall display it in a conspicuous place within the establishment that is accessible to the public.

 

Sec. 47.  Minnesota Statutes 2014, section 154.15, is amended to read:

 

154.15 CERTIFICATES OF REGISTRATION MUST BE RENEWED ANNUALLY.

 

Subdivision 1.  Annual renewal required.  All registered barbers, registered apprentices, and registered instructors of barbering who continue in active practice or service shall, on or before December 31 each year, renew their certificates of registration for the following year and pay the required fee.  Every certificate of registration which has not been renewed during the month of December in any year shall expire on the 31st day of December in that year.  All shop registration cards shall be renewed on or before June 30 of each year upon payment of the required fee.  All certificates of registration as a barber school shall be renewed on or before December 31 of each year upon payment of the required fee.

 

Subd. 2.  Effect of failure to renew.  A registered barber or a registered apprentice who has not renewed a certificate of registration may be reinstated within four years of such failure to renew without examination upon the payment of the required restoration fee for each year the certificate is lapsed.  A registered instructor of barbering who has not renewed a certificate of registration may be reinstated within four years of such failure to renew without examination upon payment of the required restoration fee for each year the certificate is lapsed.  All registered


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barbers and registered apprentices who allow their certificates of registration to lapse for more than four years shall be required to reexamine before being issued a certificate of registration.  All registered instructors of barbering who allow their certificates of registration to lapse for more than four years shall be required to reexamine before being issued a certificate of registration.  A barber shop owner who has not renewed the barber shop certificate for more than one year may reinstate the barber shop registration upon payment of the restoration fee for each year the shop card was lapsed.  If lapsed or unregistered status is discovered by the barber inspector during inspection, penalties under section 154.162 shall apply.

 

Sec. 48.  Minnesota Statutes 2015 Supplement, section 154.161, subdivision 4, is amended to read:

 

Subd. 4.  Registration actions.  (a) With respect to a person who is a holder of or applicant for registration or a shop registration card under sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28, the board may by order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, certificate of registration, or shop registration card, censure or reprimand the person, refuse to permit the person to sit for examination, or refuse to release the person's examination grades, if the board finds that such an order is in the public interest and that, based on a preponderance of the evidence presented, the person has:

 

(1) violated a statute, rule, or order that the board has adopted or issued or is empowered to enforce;

 

(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, whether or not the conduct or acts relate to the practice of barbering, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in the practice of barbering;

 

(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate incompetence, or are otherwise in violation of the standards in the rules of the board, where the conduct or acts relate to the practice of barbering;

 

(4) employed fraud or deception in obtaining a certificate of registration, shop registration card, renewal, or reinstatement, or in passing all or a portion of the examination;

 

(5) had a certificate of registration or shop registration card, right to examine, or other similar authority revoked in another jurisdiction;

 

(6) failed to meet any requirement for issuance or renewal of the person's certificate of registration or shop registration card;

 

(7) practiced as a barber while having an infectious or contagious disease;

 

(8) advertised by means of false or deceptive statements;

 

(9) demonstrated intoxication or indulgence in the use of drugs, including but not limited to narcotics as defined in section 152.01 or in United States Code, title 26, section 4731, barbiturates, amphetamines, benzedrine, dexedrine, or other sedatives, depressants, stimulants, or tranquilizers;

 

(10) demonstrated unprofessional conduct or practice;

 

(11) permitted an employee or other person under the person's supervision or control to practice as a registered barber, registered apprentice, or registered instructor of barbering unless that person has (i) a current certificate of registration as a registered barber, registered apprentice, or registered instructor of barbering, (ii) a temporary apprentice permit, or (iii) a temporary permit as an instructor of barbering;


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7810

(12) practices, offered to practice, or attempted to practice by misrepresentation;

 

(13) failed to display a certificate of registration as required by section 154.14;

 

(14) used any room or place of barbering that is also used for any other purpose, or used any room or place of barbering that violates the board's rules governing sanitation;

 

(15) in the case of a barber, apprentice, or other person working in or in charge of any barber shop, or any person in a barber school engaging in the practice of barbering, failed to use separate and clean towels for each customer or patron, or to discard and launder each towel after being used once;

 

(16) in the case of a barber or other person in charge of any barber shop or barber school, (i) failed to supply in a sanitary manner clean hot and cold water in quantities necessary to conduct the shop or barbering service for the school, (ii) failed to have water and sewer connections from the shop or barber school with municipal water and sewer systems where they are available for use, or (iii) failed or refused to maintain a receptacle for hot water of a capacity of at least five gallons;

 

(17) refused to permit the board to make an inspection permitted or required by sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28, or failed to provide the board or the attorney general on behalf of the board with any documents or records they request;

 

(18) failed promptly to renew a certificate of registration or shop registration card when remaining in practice, pay the required fee, or issue a worthless check;

 

(19) failed to supervise a registered apprentice or temporary apprentice, or permitted the practice of barbering by a person not registered with the board or not holding a temporary permit;

 

(20) refused to serve a customer because of race, color, creed, religion, disability, national origin, or sex;

 

(21) failed to comply with a provision of sections 136A.82 to 136A.834, or a provision of another chapter that relates to barber schools; or

 

(22) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that the board, or complaint committee if authorized by the board, has determined may result or may have resulted in an immediate threat to the public.

 

(b) In lieu of or in addition to any remedy under paragraph (a), the board may as a condition of continued registration, termination of suspension, reinstatement of registration, examination, or release of examination results, require that the person:

 

(1) submit to a quality review of the person's ability, skills, or quality of work, conducted in a manner and by a person or entity that the board determines; or

 

(2) complete to the board's satisfaction continuing education as the board requires.

 

(c) Service of an order under this subdivision is effective if the order is served personally on, or is served by certified mail to the most recent address provided to the board by the certificate holder, applicant, or counsel of record.  The order must state the reason for the entry of the order.

 

(d) Except as provided in subdivision 5, paragraph (c), all hearings under this subdivision must be conducted in accordance with the Administrative Procedure Act.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7811

Sec. 49.  Minnesota Statutes 2014, section 154.161, subdivision 7, is amended to read:

 

Subd. 7.  Reinstatement.  The board may reinstate a suspended, revoked, or surrendered certificate of registration or shop registration card, on petition of the former or suspended registrant.  The board may in its sole discretion place any conditions on reinstatement of a suspended, revoked, or surrendered certificate of registration or shop registration card that it finds appropriate and necessary to ensure that the purposes of sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 are met.  No certificate of registration or shop registration card may be reinstated until the former registrant has completed at least one-half of the suspension period.

 

Sec. 50.  Minnesota Statutes 2014, section 154.162, is amended to read:

 

154.162 ADMINISTRATIVE PENALTIES.

 

The board shall impose and collect the following penalties:

 

(1) missing or lapsed shop registration discovered upon inspection; penalty imposed on shop owner:  up to $500;

 

(2) unregistered apprentice or registered barber, first occurrence discovered upon inspection; penalty imposed on shop owner and unlicensed or unregistered individual:  up to $500; and

 

(3) unregistered apprentice or registered barber, second occurrence discovered upon inspection; penalty imposed on shop owner and unlicensed or unregistered individual:  up to $1,000.

 

Sec. 51.  Minnesota Statutes 2014, section 154.19, is amended to read:

 

154.19 VIOLATIONS.

 

Each of the following constitutes a misdemeanor:

 

(1) The violation of any of the provisions of section 154.01;

 

(2) Permitting any person in one's employ, supervision, or control to practice as a registered barber or registered apprentice unless that person has a certificate of registration as a registered barber or registered apprentice;

 

(3) Obtaining or attempting to obtain a certificate of registration for money other than the required fee, or any other thing of value, or by fraudulent misrepresentation;

 

(4) Practicing or attempting to practice by fraudulent misrepresentation;

 

(5) The willful failure to display a certificate of registration as required by section 154.14;

 

(6) The use of any room or place for barbering which is also used for residential or business purposes, except the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, tobacco, candies in original package, and such commodities as are used and sold in barber shops, and except that shoeshining and an agency for the reception and delivery of laundry, or either, may be conducted in a barber shop without the same being construed as a violation of this section, unless a substantial partition of ceiling height separates the portion used for residential or business purposes, and where a barber shop is situated in a residence, poolroom, confectionery, store, restaurant, garage, clothing store, liquor store, hardware store, or soft drink parlor, there must be an outside entrance leading into the barber shop independent of any entrance leading into such business establishment, except that this provision as to an outside entrance shall not apply to barber shops in operation at the time of the passage of this section and except that a barber shop and beauty parlor cosmetology salon may be operated in conjunction, without the same being separated by partition of ceiling height;


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7812

(7) The failure or refusal of any barber or other person in charge of any barber shop, or any person in barber schools or colleges doing barber service work, to use separate and clean towels for each customer or patron, or to discard and launder each towel after once being used;

 

(8) The failure or refusal by any barber or other person in charge of any barber shop or barber school or barber college to supply clean hot and cold water in such quantities as may be necessary to conduct such shop, or the barbering service of such school or college, in a sanitary manner, or the failure or refusal of any such person to have water and sewer connections from such shop, or barber school or college, with municipal water and sewer systems where the latter are available for use, or the failure or refusal of any such person to maintain a receptacle for hot water of a capacity of not less than five gallons;

 

(9) For the purposes of this section, barbers, students, apprentices, or the proprietor or manager of a barber shop, or barber school or barber college, shall be responsible for all violations of the sanitary sanitation and disinfection provisions of this section, and.  If any barber workstation in any barber shop, or barber school or barber college, upon inspection, shall be found to be in an unsanitary condition, the person making such inspection shall immediately issue an order to place the barber shop, or barber school, or barber college, in a sanitary condition, in a manner and within a time satisfactory to the Board of Barber Examiners, and for the failure to comply with such order the board shall immediately file a complaint for the arrest of the persons upon whom the order was issued, and any registered barber who shall fail to comply with the rules adopted by the Board of Barber Examiners, with the approval of the state commissioner of health, or the violation or commission of any of the offenses described in this section and section 154.161, subdivision 4, paragraph (a), clauses (1), (3), and (4) to (12), shall be fined not less than $10 or imprisoned for ten days and not more than $100 or imprisoned for 90 days.

 

Sec. 52.  Minnesota Statutes 2014, section 154.21, is amended to read:

 

154.21 PERJURY.

 

The willful making of any false statement as to a material matter in any oath or affidavit which is required by the provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 is perjury and punishable as such.

 

Sec. 53.  Minnesota Statutes 2014, section 154.24, is amended to read:

 

154.24 RULES.

 

The Board of Barber Examiners shall have authority to make reasonable rules for the administration of the provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28 and prescribe sanitary sanitation and disinfection requirements for barber shops and barber schools, subject to the approval of the state commissioner of health.  Any member of the board, or its agents or assistants, shall have authority to enter upon and to inspect any barber shop or barber school at any time during business hours.  A copy of the rules adopted by the board shall be furnished by it to the owner or manager of each barber shop or barber school and such copy shall be posted in a conspicuous place in such barber shop or barber school.

 

The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration.  This record shall contain the name, place of business, and residence of each registered barber and registered apprentice, and the date and number of the certificate of registration.  This record shall be open to public inspection at all reasonable times.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7813

Sec. 54.  Minnesota Statutes 2014, section 154.25, is amended to read:

 

154.25 NOT TO SERVE CERTAIN PERSONS.

 

No person practicing the occupation of a barber in any barber shop, barber school, or college in this state shall knowingly serve a person afflicted, in a dangerous or infectious state of the disease, with erysipelas, eczema, impetigo, sycosis, or any other contagious or infectious disease.  Any person so afflicted is hereby prohibited from being served in any barber shop, barber school, or college in this state.  Any violation of this section shall be considered a misdemeanor as provided for in sections 154.001, 154.002, 154.003, 154.01 to 154.161 154.162, 154.19 to 154.21, and 154.24 to 154.26 154.28."

 

Page 177, after line 10, insert:

 

"Sec. 73.  RULEMAKING.

 

The Board of Barber Examiners may use expedited rulemaking procedures under Minnesota Statutes, section 14.389, to amend Minnesota Rules, chapter 2100, to conform with this act.

 

Sec. 74.  TRANSITIONING APPRENTICE BARBERS TO REGISTERED BARBERS.

 

An apprentice barber practicing on August 1, 2016, is eligible to apply for registered barber status.  An apprentice barber must take the registered barber examination to become a registered barber.  All apprentice barber registrations will be discontinued on December 31, 2017."

 

Page 177, after line 13, insert:

 

"(c) Minnesota Statutes 2014, sections 154.03; 154.06; 154.11, subdivision 2; and 154.12, are repealed.

 

Sec. 76.  EFFECTIVE DATE.

 

Sections 31 to 54 and 73 to 75 are effective August 1, 2016."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      The Speaker resumed the Chair.

 

 

Knoblach moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 141, line 4, delete "$260,000" and insert "$440,000"

 

Page 142, delete line 3 and insert:


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7814

"Sec. 8.  HUMAN RIGHTS

 

$-0-

 

$180,000

 

$180,000 is appropriated for a St. Cloud office.  This amount is added to the base appropriation, for purposes of the St. Cloud office."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Knoblach amendment and the roll was called.  There were 81 yeas and 46 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anderson, C.

Anderson, P.

Anzelc

Applebaum

Atkins

Backer

Baker

Bennett

Bernardy

Bly

Carlson

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dettmer

Ecklund

Erhardt

Fischer

Flanagan

Franson

Freiberg

Garofalo

Gunther

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Knoblach

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Loonan

Lueck

Mahoney

Mariani

Marquart

Masin

McNamara

Metsa

Miller

Moran

Mullery

Nelson

Nornes

Norton

O'Driscoll

Pelowski

Persell

Pierson

Pinto

Poppe

Quam

Rosenthal

Schoen

Schomacker

Schultz

Selcer

Sundin

Theis

Thissen

Torkelson

Uglem

Urdahl

Wagenius

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, S.

Barrett

Christensen

Drazkowski

Erickson

Fabian

Fenton

Green

Gruenhagen

Hackbarth

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Koznick

Kresha

Lohmer

Lucero

Mack

Murphy, E.

Murphy, M.

Nash

Newberger

Newton

O'Neill

Peppin

Petersburg

Peterson

Pugh

Rarick

Runbeck

Sanders

Scott

Simonson

Smith

Swedzinski

Vogel

Whelan

Wills

Spk. Daudt


 

 

      The motion prevailed and the amendment was adopted.

 

 

Liebling moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 23, delete section 4

 

Page 26, after line 5, insert:

 

"Sec. 5.  Minnesota Statutes 2015 Supplement, section 256B.76, subdivision 4, is amended to read:


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7815

Subd. 4.  Critical access dental providers.  (a) Effective for dental services rendered on or after January 1, 2002, The commissioner shall increase reimbursements to dentists and dental clinics deemed by the commissioner to be critical access dental providers.  For dental services rendered on or after July 1, 2007 2016, the commissioner shall increase reimbursement by 35 37 percent above the reimbursement rate that would otherwise be paid to the critical access dental provider, except as specified under paragraph (b).  The commissioner shall pay the managed care plans and county-based purchasing plans in amounts sufficient to reflect increased reimbursements to critical access dental providers as approved by the commissioner.

 

(b) For dental services rendered on or after July 1, 2016, by a dental clinic or dental group that meets the critical access dental provider designation under paragraph (d), clause (4), and is owned and operated by a health maintenance organization licensed under chapter 62D, the commissioner shall increase reimbursement by 35 percent above the reimbursement rate that would otherwise be paid to the critical access provider.

 

(b) (c) Critical access dental payments made under paragraph (a) or (b) for dental services provided by a critical access dental provider to an enrollee of a managed care plan or county-based purchasing plan must not reflect any capitated payments or cost-based payments from the managed care plan or county-based purchasing plan.  The managed care plan or county-based purchasing plan must base the additional critical access dental payment on the amount that would have been paid for that service had the dental provider been paid according to the managed care plan or county-based purchasing plan's fee schedule that applies to dental providers that are not paid under a capitated payment or cost-based payment.

 

(d) The commissioner shall designate the following dentists and dental clinics as critical access dental providers:

 

(1) nonprofit community clinics that:

 

(i) have nonprofit status in accordance with chapter 317A;

 

(ii) have tax exempt status in accordance with the Internal Revenue Code, section 501(c)(3);

 

(iii) are established to provide oral health services to patients who are low income, uninsured, have special needs, and are underserved;

 

(iv) have professional staff familiar with the cultural background of the clinic's patients;

 

(v) charge for services on a sliding fee scale designed to provide assistance to low-income patients based on current poverty income guidelines and family size;

 

(vi) do not restrict access or services because of a patient's financial limitations or public assistance status; and

 

(vii) have free care available as needed;

 

(2) federally qualified health centers, rural health clinics, and public health clinics;

 

(3) city or county hospital-based dental clinics owned and operated hospital-based dental clinics by a city, county, or former state hospital as defined in section 62Q.19, subdivision 1, paragraph (a), clause (4);

 

(4) a dental clinic or dental group owned and operated by a nonprofit corporation in accordance with chapter 317A with more than 10,000 patient encounters per year with patients who are uninsured or covered by medical assistance or MinnesotaCare;


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7816

(5) a dental clinic owned and operated by the University of Minnesota or the Minnesota State Colleges and Universities system; and

 

(6) private practicing dentists if:

 

(i) the dentist's office is located within a health professional shortage area as defined under Code of Federal Regulations, title 42, part 5, and United States Code, title 42, section 254E;

 

(ii) more the seven-county metropolitan area and more than 50 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare; and or

 

(iii) the level of service provided by the dentist is critical to maintaining adequate levels of patient access within the service area in which the dentist operates.

 

(ii) the dentist's office is located outside the seven-county metropolitan area and more than 25 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Liebling moved to amend the Liebling amendment to H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 1, line 10, delete "37" and insert "36"

 

Page 1, line 11, after the period, insert "For dental services rendered on or after July 1, 2017, the commissioner shall increase reimbursement by 37 percent above the reimbursement rate that would otherwise be paid to the critical access dental provider, except as specified in paragraph (b)."

 

 

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

 

 

      Dean, M., requested a division of the Liebling amendment, as amended, to H. F. No. 3467, the second engrossment, as amended.

 

 

      The first portion of the Liebling amendment, as amended, to H. F. No. 3467, the second engrossment, as amended, reads as follows:

 

Page 23, delete section 4

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7817

           The question was taken on the first portion of the Liebling amendment, as amended, and the roll was called. There were 51 yeas and 80 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lillie

Loeffler

Mahoney

Mariani

Masin

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Persell

Pinto

Rosenthal

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Considine

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lien

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Marquart

McDonald

McNamara

Metsa

Miller

Nash

Newberger

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

      The motion did not prevail and the first portion of the Liebling amendment, as amended, was not adopted.

 

 

      Considine was excused for the remainder of today’s session.

 

 

      The second portion of the Liebling amendment, as amended, to H. F. No. 3467, the second engrossment, as amended, reads as follows:

 

Page 26, after line 5, insert:

 

"Sec. 5.  Minnesota Statutes 2015 Supplement, section 256B.76, subdivision 4, is amended to read:

 

Subd. 4.  Critical access dental providers.  (a) Effective for dental services rendered on or after January 1, 2002, The commissioner shall increase reimbursements to dentists and dental clinics deemed by the commissioner to be critical access dental providers.  For dental services rendered on or after July 1, 2007 2016, the commissioner shall increase reimbursement by 35 36 percent above the reimbursement rate that would otherwise be paid to the critical access dental provider, except as specified under paragraph (b).  For dental services rendered on or after July 1, 2017, the commissioner shall increase reimbursement by 37 percent above the reimbursement rate that would otherwise be paid to the critical access dental provider, except as specified in paragraph (b).  The commissioner shall pay the managed care plans and county-based purchasing plans in amounts sufficient to reflect increased reimbursements to critical access dental providers as approved by the commissioner.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7818

(b) For dental services rendered on or after July 1, 2016, by a dental clinic or dental group that meets the critical access dental provider designation under paragraph (d), clause (4), and is owned and operated by a health maintenance organization licensed under chapter 62D, the commissioner shall increase reimbursement by 35 percent above the reimbursement rate that would otherwise be paid to the critical access provider.

 

(b) (c) Critical access dental payments made under paragraph (a) or (b) for dental services provided by a critical access dental provider to an enrollee of a managed care plan or county-based purchasing plan must not reflect any capitated payments or cost-based payments from the managed care plan or county-based purchasing plan.  The managed care plan or county-based purchasing plan must base the additional critical access dental payment on the amount that would have been paid for that service had the dental provider been paid according to the managed care plan or county-based purchasing plan's fee schedule that applies to dental providers that are not paid under a capitated payment or cost-based payment.

 

(d) The commissioner shall designate the following dentists and dental clinics as critical access dental providers:

 

(1) nonprofit community clinics that:

 

(i) have nonprofit status in accordance with chapter 317A;

 

(ii) have tax exempt status in accordance with the Internal Revenue Code, section 501(c)(3);

 

(iii) are established to provide oral health services to patients who are low income, uninsured, have special needs, and are underserved;

 

(iv) have professional staff familiar with the cultural background of the clinic's patients;

 

(v) charge for services on a sliding fee scale designed to provide assistance to low-income patients based on current poverty income guidelines and family size;

 

(vi) do not restrict access or services because of a patient's financial limitations or public assistance status; and

 

(vii) have free care available as needed;

 

(2) federally qualified health centers, rural health clinics, and public health clinics;

 

(3) city or county hospital-based dental clinics owned and operated hospital-based dental clinics by a city, county, or former state hospital as defined in section 62Q.19, subdivision 1, paragraph (a), clause (4);

 

(4) a dental clinic or dental group owned and operated by a nonprofit corporation in accordance with chapter 317A with more than 10,000 patient encounters per year with patients who are uninsured or covered by medical assistance or MinnesotaCare;

 

(5) a dental clinic owned and operated by the University of Minnesota or the Minnesota State Colleges and Universities system; and

 

(6) private practicing dentists if:

 

(i) the dentist's office is located within a health professional shortage area as defined under Code of Federal Regulations, title 42, part 5, and United States Code, title 42, section 254E;


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7819

(ii) more the seven-county metropolitan area and more than 50 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare; and or

 

(iii) the level of service provided by the dentist is critical to maintaining adequate levels of patient access within the service area in which the dentist operates.

 

(ii) the dentist's office is located outside the seven-county metropolitan area and more than 25 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the second portion of the Liebling amendment, as amended, was adopted.

 

 

Hilstrom moved to amend H. F. No. 3467, the second engrossment, as amended, as follows:

 

Page 180, after line 4, insert:

 

"Sec. 3.  Minnesota Statutes 2014, section 241.01, subdivision 3a, is amended to read:

 

Subd. 3a.  Commissioner, powers and duties.  The commissioner of corrections has the following powers and duties:

 

(a) To accept persons committed to the commissioner by the courts of this state for care, custody, and rehabilitation.

 

(b) To determine the place of confinement of committed persons in a correctional facility or other facility of the Department of Corrections and to prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or outside the facility.  After July 1, 2016, the commissioner shall not allow inmates to be housed in facilities that are not owned and operated by the state, a local unit of government, or a group of local units of government.  Inmates shall not exercise custodial functions or have authority over other inmates.

 

(c) To administer the money and property of the department.

 

(d) To administer, maintain, and inspect all state correctional facilities.

 

(e) To transfer authorized positions and personnel between state correctional facilities as necessary to properly staff facilities and programs.

 

(f) To utilize state correctional facilities in the manner deemed to be most efficient and beneficial to accomplish the purposes of this section, but not to close the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without legislative approval.  The commissioner may place juveniles and adults at the same state minimum security correctional facilities, if there is total separation of and no regular contact between juveniles and adults, except contact incidental to admission, classification, and mental and physical health care.

 

(g) To organize the department and employ personnel the commissioner deems necessary to discharge the functions of the department, including a chief executive officer for each facility under the commissioner's control who shall serve in the unclassified civil service and may, under the provisions of section 43A.33, be removed only for cause.


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7820

(h) To define the duties of these employees and to delegate to them any of the commissioner's powers, duties and responsibilities, subject to the commissioner's control and the conditions the commissioner prescribes.

 

(i) To annually develop a comprehensive set of goals and objectives designed to clearly establish the priorities of the Department of Corrections.  This report shall be submitted to the governor commencing January 1, 1976.  The commissioner may establish ad hoc advisory committees.

 

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

 

Sec. 4.  [243.95] PRIVATE PRISON CONTRACTS PROHIBITED.

 

The commissioner may not contract with privately owned and operated prisons for the care, custody, and rehabilitation of offenders committed to the custody of the commissioner.

 

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

 

Page 180, after line 24, insert:

 

"Sec. 6.  [641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.

 

Subdivision 1.  Placement prohibited.  After August 1, 2016, a sheriff shall not allow inmates committed to the custody of the sheriff to be housed in facilities that are not owned and operated by a local government, or a group of local units of government.

 

Subd. 2.  Contracts prohibited.  The county board may not authorize the sheriff to contract with privately owned and operated prisons for the care, custody, and rehabilitation of offenders committed to the custody of the sheriff.

 

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

 

Page 181, delete section 5

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hilstrom amendment and the roll was called.  There were 58 yeas and 71 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anzelc

Applebaum

Atkins

Bernardy

Bly

Carlson

Clark

Davnie

Dehn, R.

Ecklund

Erhardt

Fischer

Flanagan

Freiberg

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Metsa

Moran

Mullery

Murphy, E.

Murphy, M.

Nelson


Journal of the House - 90th Day - Thursday, April 28, 2016 - Top of Page 7821

Newton

Norton

Pelowski

Persell

Pinto

Poppe

Rosenthal

Schoen

Schultz

Selcer

Simonson

Sundin

Thissen

Wagenius

Yarusso

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, M.

Anderson, P.

Anderson, S.

Backer

Baker

Barrett

Bennett

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hancock

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kelly

Kiel

Knoblach

Koznick

Kresha

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

McDonald

McNamara

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pugh

Quam

Rarick

Runbeck

Sanders

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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

 

 

CALL OF THE HOUSE

 

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

 


Albright

Allen

Anderson, C.

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erhardt

Erickson

Fabian

Fenton

Fischer

Flanagan

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Mariani

Marquart

Masin

McDonald

McNamara

Metsa

Miller

Moran