Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 453

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

SEVENTEENTH DAY

 

Saint Paul, Minnesota, Thursday, February 16, 2017

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by the Reverend Kent Otterman, Chaplain, Good Samaritan Society in Albert Lea, Minnesota and Pastor of Round Prairie Lutheran Church in rural Glenville, Minnesota and Faith Lutheran Church in London, Minnesota.

 

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

 

      The Speaker called Davids to the Chair.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Anselmo, Howe, Loeffler, Mariani, Metsa, Thissen, Whelan and Wills were excused.

 

      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 - 17th Day - Thursday, February 16, 2017 - Top of Page 454

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 22, A bill for an act relating to real property; exempting certain trusts from reporting requirements; amending Minnesota Statutes 2016, section 500.24, subdivision 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Runbeck from the Committee on Transportation and Regional Governance Policy to which was referred:

 

H. F. No. 94, A bill for an act relating to transportation; governing a driver's license agent appointment.

 

Reported the same back with the following amendments:

 

Page 1, line 8, after "171.061" insert ", subdivision 2"

 

 

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

 

      The report was adopted.

 

 

Runbeck from the Committee on Transportation and Regional Governance Policy to which was referred:

 

H. F. No. 124, A bill for an act relating to transportation; prohibiting road authorities from establishing certain requirements and permits that govern mowing; amending Minnesota Statutes 2016, section 160.232.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 160.232, is amended to read:

 

160.232 MOWING DITCHES OUTSIDE CITIES AND HAYING.

 

Subdivision 1.  General limitation for road authorities.  (a) To provide enhanced roadside habitat for nesting birds and other small wildlife, road authorities may not mow or till the right-of-way of a highway located outside of a home rule charter or statutory city except as allowed in this section and section 160.23.

 

(b)

 

Subd. 2.  Dates of mowing.  (a) On any highway, the first eight feet away from the road surface, or shoulder if one exists, may be mowed at any time.


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(c) An entire right-of-way may be mowed after July 31.  From August 31 to the following July 31, the entire right-of-way may only be mowed if necessary for safety reasons, but may not be mowed to a height of less than 12 inches.

 

(d) A right-of-way may be mowed (b) A road authority may mow an entire right-of-way only from August 1 to August 31, except that a right-of-way may be mowed to a height of no less than 12 inches (1) as necessary to maintain sight distance or for other safety and may be mowed reasons; and (2) at other times under rules of the commissioner, or by ordinance of a local road authority not conflicting with the rules of the commissioner.

 

(c) Nothing in paragraph (b) prevents mowing or haying by a person independent of the road authority, as provided in subdivision 3.

 

Subd. 3.  Trunk highways.  (a) The commissioner is prohibited from (1) requiring a person to obtain a permit in order to mow or hay trunk highway rights-of-way, and (2) establishing limitations or requirements that govern trunk highway rights-of-way mowing or haying.

 

(b) A landowner or occupant of land that is adjacent to a trunk highway right-of-way may, with respect to the adjacent right-of-way:

 

(1) without notice to the commissioner, mow or hay, or designate another person who may mow or hay; or

 

(2) notify the commissioner, whether in writing or by telephone, to specify that no mowing or haying can occur.

 

(c) Notwithstanding paragraphs (a) and (b), the commissioner may restrict mowing or haying:

 

(1) within the rights-of-way of a freeway;

 

(2) within the project limits of a construction or maintenance project; or

 

(3) due to an identified threat of a spread of weeds that are determined to be prohibited noxious weeds on the eradicate list under section 18.771, paragraph (b), by placing a temporary flag or marker that indicates the geographic area and dates of the mowing or haying restriction.

 

Subd. 4.  Management practices.  (e) (a) A right-of-way may be mowed, burned, or tilled by a road authority to prepare the right-of-way for the establishment of permanent vegetative cover or for prairie vegetation management.

 

(f) (b) When feasible, road authorities are encouraged to utilize low maintenance, native vegetation that reduces the need to mow, provides wildlife habitat, and maintains public safety.

 

(g) (c) The commissioner of natural resources shall cooperate with the commissioner of transportation to provide enhanced roadside habitat for nesting birds and other small wildlife.

 

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

 

Amend the title as follows:

 

Page 1, line 3, after "mowing" insert "and haying"

 

 

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

 

      The report was adopted.


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Anderson, P., from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 200, A bill for an act relating to taxation; property; providing for a study of valuing agricultural land based on its production value; requiring a report; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Property Tax and Local Government Finance Division.

 

      The report was adopted.

 

 

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

 

H. F. No. 212, A bill for an act relating to insurance producers; regulating payment of commissions by issuers of individual health plans; amending Minnesota Statutes 2016, sections 60K.31, by adding a subdivision; 60K.48, subdivision 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Nornes from the Committee on Higher Education and Career Readiness Policy and Finance to which was referred:

 

H. F. No. 306, A bill for an act relating to taxation; sales and use; modifying exemption for instructional materials; amending Minnesota Statutes 2016, section 297A.67, subdivision 13a.

 

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

 

      The report was adopted.

 

 

Cornish from the Committee on Public Safety and Security Policy and Finance to which was referred:

 

H. F. No. 346, A bill for an act relating to public safety; requiring peace officers to receive training in crisis response, conflict management, and cultural diversity; reforming and increasing funding for peace officer training reimbursement; providing reimbursement grants for pathway to policing programs; authorizing the Peace Officer Standards and Training Board to collect peace officer race data for a limited purpose; appropriating money; amending Minnesota Statutes 2016, sections 171.20, subdivision 4; 357.021, subdivision 7; 363A.08, subdivision 4; 626.8432, subdivision 1; 626.845, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.

 

Reported the same back with the following amendments:

 

Page 3, delete section 3

 

Page 4, delete section 5

 

Page 6, line 24, delete "each year is" and insert "in fiscal year 2018 and $10,000,000 in fiscal year 2019 are"

 

Page 6, line 29, delete "each year is" and insert "in fiscal year 2018 and $1,000,000 in fiscal year 2019 are"


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Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 5, delete everything after the semicolon

 

Page 1, delete line 6 and insert "appropriating"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 368, A bill for an act relating to consumer protection; prohibiting the assignment of military pay or benefits; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "or" and after "Corps" insert ", Coast Guard, or National Guard"

 

Page 1, after line 17, insert:

 

"(b) A person shall not enter into or attempt to enter into any agreement, device, scheme, or other artifice with a military beneficiary, including but not limited to a purchase and sale agreement, that assigns or sells all or a portion of the military beneficiary's military pay or military benefits."

 

Page 1, line 18, delete "(b)" and insert "(c)" and after "(a)" insert "or (b)"

 

Page 1, line 21, after the period, insert "A private action taken to enforce this section pursuant to section 8.31 is in the public interest."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices Policy.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 400, A bill for an act relating to state contracts; requiring that the vendor not engage in discrimination against Israel; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

Reported the same back with the following amendments:


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Page 2, after line 7, insert:

 

"Sec. 2.  COST OF IMPLEMENTATION.

 

Any costs incurred by the commissioner of administration in implementing the requirements of section 1 must be paid using existing appropriations provided to the commissioner by law."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 434, A bill for an act relating to natural resources; allowing certain temporary conditions for wetland replacement for local government roads; appropriating money for wetland banking credits.

 

Reported the same back with the following amendments:

 

Page 2, line 13, after the period, insert "This is a onetime appropriation and is available until June 30, 2019."

 

 

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

 

      The report was adopted.

 

 

Runbeck from the Committee on Transportation and Regional Governance Policy to which was referred:

 

H. F. No. 455, A bill for an act relating to public safety; prohibiting school bus stops in right-turn lanes except under specified conditions; requiring use of prewarning amber signals, flashing red signals, and stop-signal arms when stopping in right-turn lanes; amending Minnesota Statutes 2016, section 169.443, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert:

 

"Section 1.  Minnesota Statutes 2016, section 169.18, subdivision 7, is amended to read:

 

Subd. 7.  Laned highway.  When any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

 

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

 

(b) Upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is signposted to give notice of such allocation.  The left lane of a three-lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle.


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(c) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.

 

(d) Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to perform parking maneuvers in order to park where parking is permitted, to enter or leave the highway, or to prepare for a turn as provided in section 169.19, subdivision 1, or to stop a school bus for the purpose of receiving or discharging any person provided the school bus is equipped and identified as provided in sections 169.441 and 169.442, subdivision 1, and the flashing red signals are activated and stop-signal arm is extended."

 

Page 1, line 22, before "lane" insert "right-turn"

 

Page 2, line 7, delete "1" and insert "2"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, after "right-turn" insert "and bicycle"

 

Correct title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.

 

      The report was adopted.

 

 

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

 

H. F. No. 468, A bill for an act relating to capital investment; appropriating money for the city of Madelia, for public infrastructure repair and replacement.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 575, A bill for an act relating to capital investment; exempting the Lanesboro dam project from a nonstate contribution; amending Laws 2012, chapter 293, section 7, subdivision 3.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 460

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

 

H. F. No. 587, A bill for an act relating to commerce; modifying unclaimed property requirements; requiring reports; appropriating money; amending Minnesota Statutes 2016, section 345.42, subdivision 1, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 18, delete "must" and insert "may"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

      The report was adopted.

 

 

Anderson, P., from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 610, A bill for an act relating to property taxation; modifying the agricultural homestead rules for certain properties owned by trusts; amending Minnesota Statutes 2016, section 273.124, subdivisions 14, 21.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law and Data Practices Policy.

 

      The report was adopted.

 

 

Anderson, P., from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 673, A bill for an act relating to agriculture; eliminating the expiration date for the Minnesota Agriculture Education Leadership Council; repealing Minnesota Statutes 2016, section 41D.01, subdivision 4.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.

 

      The report was adopted.

 

 

Anderson, P., from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 686, A bill for an act relating to agriculture; modifying and extending the dairy research, teaching, and consumer education authority; amending Minnesota Statutes 2016, sections 32C.02, subdivision 2; 32C.06.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.

 

      The report was adopted.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 461

Anderson, P., from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 761, A bill for an act relating to agriculture; extending the agricultural fertilizer research and education program and council; amending Minnesota Statutes 2016, sections 18C.70, subdivision 5; 18C.71, subdivision 4.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.

 

      The report was adopted.

 

 

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

 

H. F. No. 792, A bill for an act relating to construction codes; modifying the definition of townhouse; amending Minnesota Statutes 2016, section 326B.103, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

      The report was adopted.

 

 

Runbeck from the Committee on Transportation and Regional Governance Policy to which was referred:

 

H. F. No. 859, A bill for an act relating to transportation; providing for conveyance of unused or divided lands owned or controlled by the Department of Transportation; removing and modifying highways on the trunk highway system; authorizing conveyance of certain state-owned lands in Koochiching County; amending Minnesota Statutes 2016, sections 161.115, subdivision 190; 161.44, subdivisions 5, 6a, by adding a subdivision; repealing Minnesota Statutes 2016, section 161.115, subdivision 32.

 

Reported the same back with the following amendments:

 

Page 1, line 22, reinstate the stricken "as provided for"

 

Page 1, line 23, delete the new language

 

 

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

 

      The report was adopted.

 

 

Runbeck from the Committee on Transportation and Regional Governance Policy to which was referred:

 

H. F. No. 861, A bill for an act relating to transportation; modifying various provisions governing commercial motor vehicles, highway-rail grade crossing signs, Department of Transportation contract preference requirements, and transportation plan due dates; amending Minnesota Statutes 2016, sections 161.321, subdivision 6; 169.85, subdivision 1; 169.865, subdivision 3; 171.12, subdivision 6; 174.03, subdivisions 1a, 1c; 219.20, subdivision 1; 221.031, by adding a subdivision.

 

Reported the same back with the following amendments:


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Page 2, delete section 2

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.

 

      The report was adopted.

 

 

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

 

H. F. No. 879, A bill for an act relating to commerce; requiring the implementation of a statewide education and outreach program to protect vulnerable adults, seniors, and caregivers from financial exploitation; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

      The report was adopted.

 

 

Nornes from the Committee on Higher Education and Career Readiness Policy and Finance to which was referred:

 

H. F. No. 882, A bill for an act relating to taxation; individual income; providing a subtraction for discharge of education loans; amending Minnesota Statutes 2016, sections 290.0132, by adding a subdivision; 290.091, subdivision 2.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 909, A bill for an act relating to commerce; redirecting auto theft prevention funds from the general fund to the insurance fraud prevention account; amending Minnesota Statutes 2016, sections 45.0135, subdivision 6; 65B.84, subdivision 1; 297I.11, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

      The report was adopted.


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O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred:

 

H. F. No. 997, A bill for an act relating to local government; modifying the requirements for payment of claims; amending Minnesota Statutes 2016, section 471.38; repealing Minnesota Statutes 2016, section 471.391, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1 and insert:

 

"Section 1.  Minnesota Statutes 2016, section 471.38, is amended to read:

 

471.38 CLAIMS.

 

Subdivision 1.  Itemization; declaration.  Except as provided in subdivision 2, where if an account, claim or demand against any county, local social services agency, county board of education for unorganized territory, school district, town or home rule charter city of the second, third or fourth class, or any park district, a local government for any property or services can be itemized in the ordinary course of business, the board or officer authorized by law to audit and allow claims shall not audit or allow the claim until the person claiming payment, or the person's agent, reduces it to provides to the board or officer an itemized list in writing or in an electronic transaction record, in items and signs a declaration to the effect.  By making the claim for payment, the person making the claim is declaring that such the account, claim, or demand is just and correct and that no part of it has been paid.  The board or officer may in its discretion allow a claim prepared by the clerk or secretary of such the board or officer prior to such the declaration by the claimant if the declaration is made on the check or order-check by which the claim is paid, as provided in section 471.391, subdivision 2.  For the purposes of this section, "local government" means any county, local social services agency, school district, town, or home rule charter city of the second, third or fourth class, or any park district.

 

Subd. 2.  Application.  The provisions of this section do not apply to any claim or demand for an annual salary or fees of jurors or witnesses, fixed by law, nor to the salary or wages of any employee whose salary or wages have been fixed on an hourly, daily, weekly or monthly basis, by the governing board of the municipality, and which is now authorized by law to be paid on a payroll basis.

 

Subd. 3.  Electronic funds transfer.  Electronic funds transfer is the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments.  A school district local government may make an electronic funds transfer for the following:

 

(1) for a claim for a payment from an imprest payroll bank account or investment of excess money;

 

(2) for a payment of tax or aid anticipation certificates;

 

(3) for a payment of contributions to pension or retirement fund;

 

(4) for vendor payments; and

 

(5) for payment of bond principal, bond interest and a fiscal agent service charge from the debt redemption fund.

 

Subd. 3a.  School district Eligibility.  The authorization in subdivision 3 extends only to a school district local government that has enacted all of the following policy controls:

 

(a) the school board governing body shall annually delegate the authority to make electronic funds transfers to a designated business administrator or chief financial officer or the officer's designee;


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(b) the disbursing bank shall keep on file a certified copy of the delegation of authority;

 

(c) the initiator of the electronic transfer shall be identified;

 

(d) the initiator shall document the request and obtain an approval from the designated business administrator, or chief financial officer or the officer's designee, before initiating the transfer as required by internal control policies;

 

(e) a written confirmation of the transaction shall be made no later than one business day after the transaction and shall be used in lieu of a check, order check or warrant required to support the transaction;

 

(f) a list of all transactions made by electronic funds transfer shall be submitted to the school board governing body at its next regular meeting after the transaction."

 

 

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

 

      The report was adopted.

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy to which was referred:

 

H. F. No. 1038, A bill for an act relating to energy; establishing a legislative council to make funding recommendations to the legislature; proposing coding for new law in Minnesota Statutes, chapter 116C.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 116C.779, subdivision 1, is amended to read:

 

Subdivision 1.  Renewable development Energy fund account.  (a) The energy fund account is established as a separate account in the special revenue fund in the state treasury.  Appropriations and transfers to the account are credited to the account.  Earnings, such as interest, dividends, and any other earnings arising from assets of the account, are credited to the account.  Funds remaining in the account at the end of a fiscal year do not cancel to the general fund, but remain in the account until expended.

 

(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating plant must transfer all funds in the renewable development account previously established under this subdivision and managed by the public utility to the energy fund account established in paragraph (a).  Funds awarded to grantees in previous grant cycles that have not yet been expended and unencumbered funds required to be paid in calendar year 2017 under sections 116C.7791, 116C.7792, and 216C.41 are not subject to transfer under this paragraph.

 

(c) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing each January 15 thereafter, the public utility that owns the Prairie Island nuclear generating plant must transfer to a renewable development the energy fund account $500,000 each year for each dry cask containing spent fuel that is located at the Prairie Island power plant for each year the plant is in operation, and $7,500,000 each year the plant is not in operation if ordered by the commission pursuant to paragraph (c) (f).  The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Prairie Island for any part of a year.


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(b) (d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing each January 15 thereafter, the public utility that owns the Monticello nuclear generating plant must transfer to the renewable development energy fund account $350,000 each year for each dry cask containing spent fuel that is located at the Monticello nuclear power plant for each year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered by the commission pursuant to paragraph (c) (f).  The fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for any part of a year.

 

(e) Each year, the public utility must withhold from the funds transferred to the energy fund account under paragraphs (c) and (d) the amount necessary to pay its obligations under sections 116C.7791, 116C.7792, and 216C.41 for that calendar year.

 

(c) (f) After discontinuation of operation of the Prairie Island nuclear plant or the Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the discontinued facility, the commission shall require the public utility to pay $7,500,000 for the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello facility for any year in which the commission finds, by the preponderance of the evidence, that the public utility did not make a good faith effort to remove the spent nuclear fuel stored at the facility to a permanent or interim storage site out of the state.  This determination shall be made at least every two years.

 

(g) Funds in the account may only be expended to support the expansion of:

 

(1) electric energy generated from solar, wind, or biomass resources;

 

(2) heat energy from solar thermal or geothermal projects;

 

(3) energy efficiency;

 

(4) motor vehicles fueled by sources other than gasoline or diesel fuel; or

 

(5) energy storage.

 

Except as provided in section 116C.7793, subdivision 7, expenditures from the fund must only benefit ratepayers receiving electric service from the utility that owns a nuclear powered electric generating plant in this state.

 

(d) Funds in the account may be expended only for any of the following purposes:

 

(1) to increase the market penetration within the state of renewable electric energy resources at reasonable costs;

 

(2) to promote the start-up, expansion, and attraction of renewable electric energy projects and companies within the state;

 

(3) to stimulate research and development within the state into renewable electric energy technologies; and

 

(4) to develop near-commercial and demonstration scale renewable electric projects or near-commercial and demonstration scale electric infrastructure delivery projects if those delivery projects enhance the delivery of renewable electric energy.

 

The utility that owns a nuclear generating plant is eligible to apply for renewable development account grants.

 

(e) Expenditures authorized by this subdivision from the account may be made only after approval by order of the Public Utilities Commission upon a petition by the public utility.  The commission may approve proposed expenditures, may disapprove proposed expenditures that it finds to be not in compliance with this subdivision or


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otherwise not in the public interest, and may, if agreed to by the public utility, modify proposed expenditures.  The commission may approve reasonable and necessary expenditures for administering the account in an amount not to exceed five percent of expenditures.  Commission approval is not required for expenditures required under subdivisions 2 and 3, section 116C.7791, or other law.

 

(f) The account shall be managed by the public utility but the public utility must consult about account expenditures with an advisory group that includes, among others, representatives of its ratepayers.  The commission may require that other interests be represented on the advisory group.  The advisory group must be consulted with respect to the general scope of expenditures in designing a request for proposal and in evaluating projects submitted in response to a request for proposals.  In addition to consulting with the advisory group, the public utility must utilize an independent third-party expert to evaluate proposals submitted in response to a request for proposal, including all proposals made by the public utility.  A request for proposal for research and development under paragraph (d), clause (3), may be limited to or include a request to higher education institutions located in Minnesota for multiple projects authorized under paragraph (d), clause (3).  The request for multiple projects may include a provision that exempts the projects from the third-party expert review and instead provides for project evaluation and selection by a merit peer review grant system.  The utility should attempt to reach agreement with the advisory group after consulting with it but the utility has full and sole authority to determine which expenditures shall be submitted to the commission for commission approval.  In the process of determining request for proposal scope and subject and in evaluating responses to request for proposals, the public utility must strongly consider, where reasonable, potential benefit to Minnesota citizens and businesses and the utility's ratepayers.

 

(g) Funds in the account may not be directly appropriated by the legislature by a law enacted after January 1, 2012, and unless appropriated by a law enacted prior to that date may be expended only pursuant to an order of the commission according to this subdivision.

 

(h) A request for proposal for renewable energy generation projects must, when feasible and reasonable, give preference to projects that are most cost-effective for a particular energy source.

 

(i) The public utility must annually, by February 15, report to the chairs and ranking minority members of the legislative committees with jurisdiction over energy policy on projects funded by the account for the prior year and all previous years.  The report must, to the extent possible and reasonable, itemize the actual and projected financial benefit to the public utility's ratepayers of each project.

 

(j) A project receiving funds from the account must produce a written final report that includes sufficient detail for technical readers and a clearly written summary for nontechnical readers.  The report must include an evaluation of the project's financial, environmental, and other benefits to the state and the public utility's ratepayers.

 

(k) Final reports, any mid-project status reports, and renewable development account financial reports must be posted online on a public Web site designated by the commission.

 

(l) All final reports must acknowledge that the project was made possible in whole or part by the Minnesota renewable development fund, noting that the fund is financed by the public utility's ratepayers.

 

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

 

Sec. 2.  Minnesota Statutes 2016, section 116C.779, is amended by adding a subdivision to read:

 

Subd. 1a.  Payment termination.  (a) The commissioner shall track the cumulative transfers made to the account and its predecessor, the renewable development account, each year since 1999 for each dry cask containing spent fuel that is stored at an independent spent-fuel storage facility at Prairie Island or Monticello.  During the time when state law required the public utility to transfer a specific amount of funds to the account for all the casks stored, the per-cask allocation shall be calculated by dividing the total amount transferred by the number of casks stored that year.


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(b) When the commissioner determines that the cumulative transfers calculated under paragraph (a) for a specific cask reach $10,000,000, the commissioner shall notify the public utility that no additional transfers to the account for that cask shall be made.

 

(c) This subdivision does not affect any provisions of subdivision 1, paragraph (c) or (d), with respect to transfers to the account made after a plant has ceased operation.

 

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

 

Sec. 3.  [116C.7793] LEGISLATIVE RENEWABLE ENERGY COUNCIL.

 

Subdivision 1.  Establishment.  (a) The Legislative Renewable Energy Council of 11 members is established in the legislative branch, consisting of:

 

(1) five members of the house of representatives appointed by the speaker of the house, three of whom are from the majority caucus and two of whom are from the minority caucus; and

 

(2) five members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration, three of whom are from the majority caucus and two of whom are from the minority caucus; and

 

(3) one representative of the Prairie Island Indian Community appointed by that community's tribal council.

 

(b) Eight legislative members appointed to the council must represent legislative districts in which at least 60 percent of residents receive electric service from the utility that owns a nuclear powered electric generating plant in this state.  No member may be appointed to the council from a legislative district that does not contain any electric retail customers of the utility that owns a nuclear powered electric generating plant in this state.  Council members must be geographically balanced to represent the entire electric service area of that utility.

 

(c) Council members shall elect a chair, a vice-chair, and other officers as determined by the council.  The chair may convene meetings as necessary to conduct the duties prescribed by this section.

 

(d) The Legislative Coordinating Commission may appoint nonpartisan staff and contract with consultants as necessary to support the functions of the council.  The council has final approval authority to hire an executive director.  Up to one-half of one percent of the money appropriated from the fund may be used to pay for the council's administrative expenses.

 

Subd. 2.  Council recommendations.  (a) The council must make recommendations to the legislature on appropriations from the energy fund account established under section 116C.779 that are consistent with that section and state law.  The council's recommendations must be submitted no later than December 15 each year.  The council must present its recommendations to the senate and house of representatives committees with jurisdiction over energy policy and finance by February 15 in odd-numbered years, and within the first four weeks of the legislative session in even-numbered years.

 

(b) Recommendations of the council, including approval of recommendations for expenditures from the energy fund account, require an affirmative vote of at least eight members of the council.

 

(c) The council must develop and implement a decision-making process that ensures citizens and potential recipients of funds are included at each stage of the process.  The process must include a fair, equitable, and thorough method to review funding requests, and a clear and easily understood process to rank projects.


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Subd. 3.  Conflict of interest.  (a) A council member may not be an advocate for or against a council action or vote on any action that may be a conflict of interest.  A conflict of interest must be disclosed as soon as it is discovered.  The council must follow the policies and requirements related to conflicts of interest developed by the Office of Grants Management under section 16B.98.

 

(b) For the purposes of this section, a conflict of interest exists when a person has an organizational conflict of interest or a direct financial conflict of interest, and the conflict of interest presents the appearance that it will be difficult for the person to impartially fulfill the person's duties as a member of the council.  An organizational conflict of interest exists when a person has an affiliation with an organization subject to council activities that presents the appearance of a conflict between organizational interests and the council member's duties under this section.  An organizational conflict of interest does not exist if the person's only affiliation with an organization is being a member of the organization.

 

Subd. 4.  Audit.  The legislative auditor must audit energy fund account expenditures recommended by the council, including administrative and staffing expenditures, to ensure the money is spent in compliance with all applicable laws.

 

Subd. 5.  Recipient requirements.  (a) A recipient of a direct appropriation from the energy fund account recommended by the council must compile and submit all information for funded projects or programs, including proposed measurable outcomes required by the council.

 

(b) A recipient's future eligibility to receive funds from the energy fund account is contingent upon the recipient satisfying all applicable requirements under this section, as well as any additional requirements contained in applicable law.  If the Office of the Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient of funds from the energy fund account has not complied with the laws, rules, or regulations under this section or other laws applicable to the recipient, the recipient is not eligible for future funding from the energy fund account until the recipient demonstrates compliance to the legislative auditor.

 

(c) A recipient of a direct appropriation from the energy fund account pursuant to a recommendation by the council may not receive funds from another direct appropriation from the council until four years after completion of the project funded by the prior direct appropriation.

 

Subd. 6.  Accomplishment plans.  As a condition of accepting funds appropriated from the energy fund account on the council's recommendation, a recipient must agree to submit an accomplishment plan and periodic accomplishment reports to the council in the form determined by the council.  The accomplishment plan must identify the project manager responsible for expending the appropriation and the final product.  The accomplishment plan must account for the use of the appropriation, identify outcomes of the expenditure, and include an evaluation of results.

 

Subd. 7.  Expenditures.  (a) The council's recommendations regarding expenditures from the energy fund account may include but are not limited to research and development projects, demonstration projects, and statewide programs and financial incentives.

 

(b) If general fund money is transferred to the energy fund account, the council may recommend the expenditure of, and the legislature may appropriate, funds from the account up to the amount of general fund money present in the account for purposes that do not exclusively benefit ratepayers receiving electric service from the utility that owns a nuclear powered generating plant in this state.


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Subd. 8.  Administration.  The council shall develop administrative procedures for the submission and review of proposals seeking funding from the council.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to energy; establishing an energy fund account and related requirements; establishing a legislative council to make funding recommendations to the legislature; amending Minnesota Statutes 2016, section 116C.779, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116C."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

      The report was adopted.

 

 

Peppin from the Committee on Rules and Legislative Administration to which was referred:

 

Senate Concurrent Resolution No. 4, A Senate concurrent resolution adopting deadlines for the 2017 session.

 

Reported the same back with the recommendation that the Senate concurrent resolution be adopted.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 22, 94, 212, 434, 575 and 997 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Fabian, Lueck, Green and Heintzeman introduced:

 

H. F. No. 1291, A bill for an act relating to environment; modifying permitting requirements; providing expedited environmental-review billing options; modifying reclamation appeal provisions; eliminating Environmental Quality Board and reassigning duties; amending Minnesota Statutes 2016, sections 3.886, subdivision 4; 13.7411, subdivision 9; 18B.045; 18E.06; 84.027, subdivisions 14a, 14b, by adding subdivisions; 93.50; 103A.204; 103B.101, subdivision 9; 103B.151; 103B.315, subdivision 5; 103H.151, subdivision 4; 103H.175, subdivision 3; 115A.32; 115A.33; 115A.34; 115A.35; 115A.36; 115A.37; 115A.38, subdivisions 1, 3; 115A.39; 115B.20, subdivision 6; 116.03, subdivision 2b, by adding a subdivision; 116.07, subdivision 4d, by adding subdivisions; 116C.74, subdivision 2; 116C.91, by adding a subdivision; 116C.92; 116C.94; 116C.95; 116C.96; 116C.97; 116C.99, subdivisions 2, 3; 116C.991; 116C.992; 116D.04, subdivisions 2a, 3a, 5b, 10, 13, 14; 116D.045, subdivision 1; 116F.06, subdivision 2; 216B.243, subdivision 7; 216C.18, subdivision 2; repealing


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Minnesota Statutes 2016, sections 103A.403; 103A.43; 103F.614; 116C.02; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, 11; 116C.06; 116C.08; 116C.71, subdivisions 1c, 2a; 116C.721; 116C.722; 116C.724, subdivisions 2, 3; 116C.91, subdivision 2; 116G.03, subdivision 2.

 

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

 

 

Fabian introduced:

 

H. F. No. 1292, A bill for an act relating to natural resources; modifying timber sales requirements; modifying requirements for outdoor recreation rules; amending Minnesota Statutes 2016, sections 90.01, subdivisions 8, 12, by adding a subdivision; 90.101, subdivision 2; 90.14; 90.145, subdivision 2; 90.201, subdivision 1; Laws 1999, chapter 231, section 204.

 

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

 

 

Fabian introduced:

 

H. F. No. 1293, A bill for an act relating to environment; extending ban on open air swine basins; amending Minnesota Statutes 2016, section 116.0714.

 

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

 

 

Loonan, Hoppe, Scott, Halverson, Kresha, Slocum and Rosenthal introduced:

 

H. F. No. 1294, A bill for an act relating to commerce; regulating the termination of sales representatives; amending Minnesota Statutes 2016, section 325E.37, subdivision 1.

 

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

 

 

Bennett, Howe, Daniels, Cornish, Fischer, Poston and Lohmer introduced:

 

H. F. No. 1295, A bill for an act relating to health; establishing the patient registry to collect data on cancer incidence among firefighters; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Bennett introduced:

 

H. F. No. 1296, A bill for an act relating to capital investment; appropriating money for the Blazing Star Trail; authorizing the sale and issuance of state bonds.

 

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


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Bennett introduced:

 

H. F. No. 1297, A bill for an act relating to capital investment; appropriating money for public infrastructure in the city of Albert Lea; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Franson introduced:

 

H. F. No. 1298, A bill for an act relating to human services; modifying administrative law procedures for certain child care providers; amending Minnesota Statutes 2016, section 245A.08, subdivisions 4, 5.

 

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

 

 

Franson introduced:

 

H. F. No. 1299, A bill for an act relating to human services; modifying the duty of commissioner to inform county agencies and license holders of changes in statute, rule, federal law, regulation, and policy; amending Minnesota Statutes 2016, section 256.01, subdivision 2.

 

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

 

 

Franson introduced:

 

H. F. No. 1300, A bill for an act relating to human services; modifying definition in relating to child care licensing; amending Minnesota Statutes 2016, section 245A.02, subdivision 2b.

 

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

 

 

Franson introduced:

 

H. F. No. 1301, A bill for an act relating to human services; modifying child care correction order posting requirements; amending Minnesota Statutes 2016, section 245A.06, subdivision 8.

 

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

 

 

Fischer introduced:

 

H. F. No. 1302, A bill for an act relating to game and fish; modifying age to take deer of either sex; amending Minnesota Statutes 2016, section 97B.301, subdivision 9.

 

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


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Albright, Vogel, Davids and Mahoney introduced:

 

H. F. No. 1303, A bill for an act relating to taxation; income; establishing a new markets tax credit program; requiring a report; appropriating money; amending Minnesota Statutes 2016, section 297I.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 290; proposing coding for new law as Minnesota Statutes, chapter 116X.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Swedzinski introduced:

 

H. F. No. 1304, A bill for an act relating to taxation; sales and use; modifying the definition for the exemption of farm machinery to include grain bins; amending Minnesota Statutes 2016, section 297A.61, subdivision 12.

 

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

 

 

Bahr, C., introduced:

 

H. F. No. 1305, A bill for an act relating to the Metropolitan Council; requiring council members to regularly communicate with elected officials in their district; amending Minnesota Statutes 2016, section 473.123, subdivision 4.

 

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

 

 

Franson introduced:

 

H. F. No. 1306, A bill for an act relating to human services; expanding child care assistance to certain foster care parents; amending Minnesota Statutes 2016, section 119B.09, subdivision 9.

 

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

 

 

Ecklund, Green and Bliss introduced:

 

H. F. No. 1307, A bill for an act relating to workforce development; appropriating money for an American Indian workforce training pilot project.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Murphy, M.; Gunther; Urdahl and Lillie introduced:

 

H. F. No. 1308, A bill for an act relating to arts and cultural heritage; appropriating money for regional library systems.

 

The bill was read for the first time and referred to the Committee on Legacy Funding Finance.


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Rarick, Swedzinski, Ecklund, Kresha, Sundin and Sandstede introduced:

 

H. F. No. 1309, A bill for an act relating to energy; requiring that economic growth and job growth and retention be considered during the ratemaking process; amending Minnesota Statutes 2016, sections 216B.03; 216B.16, subdivisions 1a, 6; 216B.2422, subdivisions 2, 3, 4.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Carlson, A.; Marquart; Franke; Rosenthal; Anselmo; Pryor; Johnson, C.; Considine; Lee; Ecklund; Lien; Pelowski; Davids; Johnson, S., and Youakim introduced:

 

H. F. No. 1310, A bill for an act relating to taxation; property; amending the state general levy; amending Minnesota Statutes 2016, section 275.025, subdivisions 1, 2.

 

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

 

 

Quam, Franson, Kresha and Albright introduced:

 

H. F. No. 1311, A bill for an act relating to human services; requiring county licensing agencies to offer and conduct exit interviews for family child care providers; authorizing a fix-it ticket alternative to a correction order in certain circumstances; amending Minnesota Statutes 2016, section 245A.04, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 245A.

 

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

 

 

Olson, Schultz and Murphy, M., introduced:

 

H. F. No. 1312, A bill for an act relating to arts and cultural heritage; appropriating money for Duluth Children's Museum.

 

The bill was read for the first time and referred to the Committee on Legacy Funding Finance.

 

 

Gruenhagen; Bahr, C.; Drazkowski and Hertaus introduced:

 

H. F. No. 1313, A bill for an act relating to employment; eliminating the minimum wage inflation index; authorizing a tip credit; amending Minnesota Statutes 2016, section 177.24, subdivision 1; repealing Minnesota Statutes 2016, section 177.24, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Dean, M.; Schomacker; Zerwas and Murphy, E., introduced:

 

H. F. No. 1314, A bill for an act relating to health occupations; establishing requirements for the practice of telemedicine; proposing coding for new law in Minnesota Statutes, chapter 147.

 

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


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Runbeck, Vogel, Scott and Koznick introduced:

 

H. F. No. 1315, A bill for an act relating to transit; providing for the creation of special taxing districts to capture incremental property taxes to finance operating costs of light rail and bus rapid transit lines; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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

 

 

Lesch and Scott introduced:

 

H. F. No. 1316, A bill for an act relating to data practices; adding video and audio recordings to a list of personnel data classified as public; amending Minnesota Statutes 2016, section 13.43, subdivision 2.

 

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

 

 

Newberger introduced:

 

H. F. No. 1317, A bill for an act relating to capital investment; appropriating money for a wastewater treatment facility for Clear Lake and Clearwater; authorizing the issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Poston, Dettmer, Schomacker, Backer, Drazkowski, Uglem, Franke, Bliss, Layman, Kresha, O'Driscoll, Quam, Lueck and Miller introduced:

 

H. F. No. 1318, A bill for an act relating to veterans; establishing a veterans preference in hiring in the legislature and state courts; proposing coding for new law in Minnesota Statutes, chapters 3; 480.

 

The bill was read for the first time and referred to the Veterans Affairs Division.

 

 

Theis and Knoblach introduced:

 

H. F. No. 1319, A bill for an act relating to capital investment; appropriating money for the construction of Heatherwood Road in St. Cloud; authorizing the sale and issuance of trunk highway bonds.

 

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

 

 

Lien; Marquart; Youakim; Nelson; Carlson, A.; Loeffler; Metsa; Murphy, E.; Olson; Sauke; Dehn, R.; Pinto; Bly; Lee; Schultz and Poppe introduced:

 

H. F. No. 1320, A bill for an act relating to local government aid; increasing the annual appropriation for cities; amending Minnesota Statutes 2016, section 477A.03, subdivision 2a.

 

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


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Applebaum introduced:

 

H. F. No. 1321, A bill for an act relating to taxation; individual income; providing a refundable credit for student loan payments; proposing coding for new law in Minnesota Statutes, chapter 290.

 

The bill was read for the first time and referred to the Committee on Higher Education and Career Readiness Policy and Finance.

 

 

Carlson, L.; Flanagan and Applebaum introduced:

 

H. F. No. 1322, A bill for an act relating to capital investment; appropriating money for renovation of the Plymouth Ice Center; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Vogel; Halverson; Peppin; Scott; Albright; Theis; Peterson; Green; Bahr, C.; Runbeck; Gruenhagen and Knoblach introduced:

 

H. F. No. 1323, A bill for an act relating to capital investment; establishing a debt limit; amending Minnesota Statutes 2016, section 16A.105.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Metsa and Ecklund introduced:

 

H. F. No. 1324, A bill for an act relating to education finance; extending the availability of the Education Innovation Partners Cooperative Center appropriation; amending Laws 2016, chapter 189, article 25, section 62, subdivision 7.

 

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

 

 

Metsa, Ecklund and Sandstede introduced:

 

H. F. No. 1325, A bill for an act relating to taxation; minerals; production tax on taconite; modifying the guaranteed distribution formula for the taconite municipal aid account; indexing the municipal aid account allocation to inflation; amending Minnesota Statutes 2016, sections 298.225, subdivision 1; 298.28, subdivision 3.

 

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

 

 

Zerwas introduced:

 

H. F. No. 1326, A bill for an act relating to human services; establishing an enhanced asthma care services benefit for medical assistance; providing for medical assistance coverage of certain services and products to reduce asthma triggers; amending Minnesota Statutes 2016, sections 256B.04, subdivision 14; 256B.0625, subdivision 31, by adding a subdivision.

 

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


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McDonald, Mahoney, Gunther, Newberger, Zerwas, Lesch and Cornish introduced:

 

H. F. No. 1327, A bill for an act relating to state government; appropriating money for the FATHER Project.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Vogel, Baker, Hoppe, Slocum, Moran and Mahoney introduced:

 

H. F. No. 1328, A bill for an act relating to appropriations; providing funds for a financial services inclusion program.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Franson introduced:

 

H. F. No. 1329, A bill for an act relating to human services; prohibiting correction order quotas for child care licensing; amending Minnesota Statutes 2016, section 245A.06, by adding a subdivision.

 

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

 

 

Bly and Hornstein introduced:

 

H. F. No. 1330, A bill for an act relating to energy; establishing rate schedules for certain renewable energy projects; establishing a surcharge on electricity consumption; creating an account; requiring reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Zerwas, Considine, Hilstrom, Theis and O'Neill introduced:

 

H. F. No. 1331, A bill for an act relating to corrections; mental health screening; amending Minnesota Statutes 2016, sections 13.851, by adding a subdivision; 641.15, subdivision 3a.

 

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

 

 

Erickson introduced:

 

H. F. No. 1332, A bill for an act relating to education; requiring student assessment results be available to school districts and teachers; amending Minnesota Statutes 2016, section 120B.30, subdivision 1a.

 

The bill was read for the first time and referred to the Committee on Education Innovation Policy.


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Applebaum and Davids introduced:

 

H. F. No. 1333, A bill for an act relating to local government; modifying the proposed levy certification date for townships; amending Minnesota Statutes 2016, sections 275.065, subdivision 1; 275.07, subdivision 1.

 

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

 

 

Maye Quade and Newberger introduced:

 

H. F. No. 1334, A bill for an act relating to energy; modifying energy auditor standards; amending Minnesota Statutes 2016, section 216C.435, subdivisions 3a, 4.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Hornstein; Flanagan; Youakim; Omar; Rosenthal; Liebling; Bly; Lee; Johnson, S.; Kunesh-Podein; Clark; Allen; Pinto; Olson; Moran and Kresha introduced:

 

H. F. No. 1335, A bill for an act relating to government contracts; prohibiting discrimination on the basis of national origin in certain contracts; requiring certification of compliance in state contracts; amending Minnesota Statutes 2016, sections 181.59; 363A.17.

 

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

 

 

Petersburg, Davids and Hertaus introduced:

 

H. F. No. 1336, A bill for an act relating to taxation; petroleum and sales and use; exempting special fuels for certain off-road uses; amending Minnesota Statutes 2016, sections 296A.16, subdivision 2; 297A.68, subdivision 19.

 

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

 

 

Johnson, B., introduced:

 

H. F. No. 1337, A bill for an act relating to state lands; authorizing the conveyance of certain state lands bordering public water in Chisago County.

 

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

 

 

Thissen, Loon, Davnie and Erickson introduced:

 

H. F. No. 1338, A bill for an act relating to education; third-party reimbursement for special education evaluation; amending Minnesota Statutes 2016, sections 125A.21, subdivision 2; 125A.74, subdivision 1; 256B.0625, subdivision 26.

 

The bill was read for the first time and referred to the Committee on Education Innovation Policy.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 478

Erickson, Bly, Bennett, Gruenhagen and Kresha introduced:

 

H. F. No. 1339, A bill for an act relating to education; early childhood; providing for assistive technology plans; amending Minnesota Statutes 2016, sections 125A.08; 125A.32; 125A.57, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Education Innovation Policy.

 

 

Pierson; Schomacker; Gruenhagen; Davids; Loeffler; Murphy, E.; Liebling; Dean, M.; McDonald; Loonan; Albright; Halverson; Loon; Franson; Anderson, S.; Masin; Zerwas and Lohmer introduced:

 

H. F. No. 1340, A bill for an act relating to health care; increasing medical assistance rates for dental services; requiring the commissioner of human services to develop a uniform credentialing process for dental providers and uniform prior authorization criteria for dental services; amending Minnesota Statutes 2016, sections 256B.0625, by adding subdivisions; 256B.76, subdivision 2.

 

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

 

 

Knoblach introduced:

 

H. F. No. 1341, A bill for an act relating to human services; consolidating various nursing facility rate adjustment effective dates to coincide with the annual operating payment rate adjustment on January 1 and one mid‑year adjustment on July 1; modifying notice requirements; amending Minnesota Statutes 2016, sections 144A.071, subdivision 4d; 256B.431, subdivisions 10, 16, 30; 256B.434, subdivision 4f; 256R.06, subdivision 5; 256R.40, subdivision 5; 256R.41.

 

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

 

 

Theis and Nash introduced:

 

H. F. No. 1342, A bill for an act relating to commerce; regulating homeowner's insurance coverages, claims practices, adjuster licensing standards, and certain taxable costs; amending Minnesota Statutes 2016, sections 65A.27, subdivision 1; 72A.201, subdivisions 1, 4; 72B.041, subdivision 4; 72B.045, subdivision 1; 604.18, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 65A.

 

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

 

 

Zerwas, Cornish, Hilstrom, Pinto and Howe introduced:

 

H. F. No. 1343, A bill for an act relating to public safety; eliminating the prerequisite of pretrial filing of a transcript for admission into evidence of law enforcement body camera recordings; amending Minnesota Statutes 2016, section 634.36.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 479

West, Drazkowski, Davnie, Zerwas and Hertaus introduced:

 

H. F. No. 1344, A bill for an act relating to local government; providing for alternative Web site publication; amending Minnesota Statutes 2016, section 331A.12, subdivision 2, by adding subdivisions.

 

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

 

 

Christensen, Jurgens and Halverson introduced:

 

H. F. No. 1345, A bill for an act relating to local government; eliminating the cap on spending for purchase of awards and trophies; amending Minnesota Statutes 2016, section 471.15.

 

The bill was read for the first time and referred to the Veterans Affairs Division.

 

 

Davids, Dettmer and Petersburg introduced:

 

H. F. No. 1346, A bill for an act relating to taxation; tobacco; changing the tax rate for nicotine solution used in electronic cigarettes; amending Minnesota Statutes 2016, sections 297F.01, subdivision 19, by adding subdivisions; 297F.05, subdivision 3, by adding subdivisions; 297F.06, subdivisions 1, 4; 325F.77, subdivision 4.

 

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

 

 

Kresha, Flanagan, Pinto and Murphy, E., introduced:

 

H. F. No. 1347, A bill for an act relating to health; establishing the community solutions fund for healthy child development grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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

 

 

Maye Quade, Dettmer, Davids, Becker-Finn, Lee, Franke and Rosenthal introduced:

 

H. F. No. 1348, A bill for an act relating to taxation; individual income; expanding the credit for past military service; amending Minnesota Statutes 2016, section 290.0677, subdivision 1a.

 

The bill was read for the first time and referred to the Veterans Affairs Division.

 

 

Franson, Schomacker and Zerwas introduced:

 

H. F. No. 1349, A bill for an act relating to human services; establishing a pilot project to provide urgent dental care services; modifying critical access dental provider payments; amending Minnesota Statutes 2016, section 256B.76, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 256.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 480

Franson, Schomacker and Zerwas introduced:

 

H. F. No. 1350, A bill for an act relating to human services; modifying medical assistance spenddown procedures; amending Minnesota Statutes 2016, section 256B.056, subdivision 5.

 

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

 

 

Nash and Hoppe introduced:

 

H. F. No. 1351, A bill for an act relating to arts and cultural heritage; appropriating money for restoration of the historic Andrew Peterson farm in Waconia.

 

The bill was read for the first time and referred to the Committee on Legacy Funding Finance.

 

 

Petersburg, Rosenthal, Koznick, Kiel and Sundin introduced:

 

H. F. No. 1352, A bill for an act relating to taxation; petroleum; dedicating revenues from the aviation taxes on gasoline used as a substitute for aviation gasoline to the state airports fund; amending Minnesota Statutes 2016, sections 296A.01, by adding a subdivision; 296A.07, subdivision 4; 296A.09, subdivisions 1, 3, 5, 6; 296A.15, subdivisions 1, 4; 296A.17, subdivisions 1, 2, 3; 296A.18, subdivisions 1, 8; 296A.19, subdivision 1; repealing Minnesota Rules, part 8125.1300, subpart 3.

 

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

 

 

Schomacker and Kiel introduced:

 

H. F. No. 1353, A bill for an act relating to human services; correcting obsolete nursing facility cross-references; amending Minnesota Statutes 2016, sections 144.0724, subdivision 1; 144A.071, subdivisions 3, 4a, 4d; 144A.073, subdivision 3c; 144A.10, subdivision 4; 144A.161, subdivision 10; 144A.611, subdivision 1; 144A.74; 256.9657, subdivision 1; 256B.0915, subdivision 3e; 256B.35, subdivision 4; 256B.431, subdivision 30; 256B.50, subdivision 1.

 

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

 

 

Swedzinski introduced:

 

H. F. No. 1354, A bill for an act relating to taxation; individual income; allowing carryover of unused section 179 and bonus depreciation subtractions; amending Minnesota Statutes 2016, sections 290.0132, subdivisions 9, 14, by adding a subdivision; 290.091, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Garofalo, Heintzeman, Newberger, Ecklund and Fabian introduced:

 

H. F. No. 1355, A bill for an act relating to environment; requiring money from certain environmental settlements to be appropriated by law; amending Minnesota Statutes 2016, section 116.03, by adding a subdivision.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 481

Becker-Finn, Kunesh-Podein, Allen and Fischer introduced:

 

H. F. No. 1356, A bill for an act relating to game and fish; prohibiting use of ammunition containing lead during the regular firearms season; amending Minnesota Statutes 2016, sections 97B.031, by adding a subdivision; 97B.041.

 

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

 

 

Gruenhagen introduced:

 

H. F. No. 1357, A bill for an act relating to human services; modifying coverage of chiropractic services under medical assistance; amending Minnesota Statutes 2016, section 256B.0625, subdivision 8e; repealing Minnesota Rules, part 9505.0245.

 

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

 

 

Baker; Daudt; Marquart; Runbeck; Daniels; Heintzeman; Hamilton; Cornish; Bahr, C.; Lueck; Swedzinski; Urdahl; Pelowski; Poppe; Anderson, P.; McDonald; Green; Theis; Miller; Fabian; Drazkowski; Vogel; Knoblach; Lucero; Schomacker; Gunther; Howe; Loonan; Backer; Bennett; Kresha; Nash; Poston; Nornes and Dettmer introduced:

 

H. F. No. 1358, A bill for an act relating to motor vehicles; authorizing special overweight permits for hauling construction materials; proposing coding for new law in Minnesota Statutes, chapter 169.

 

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

 

 

Ecklund, Metsa and Layman introduced:

 

H. F. No. 1359, A bill for an act relating to taxation; Sustainable Forest Incentive Act; modifying provisions for withdrawal of land from program for certain paved trails; amending Minnesota Statutes 2016, sections 290C.02, subdivision 6; 290C.07; 290C.10.

 

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

 

 

McDonald, Heintzeman and Franson introduced:

 

H. F. No. 1360, A bill for an act relating to taxation; sales and use; creating an exemption for purchases of certain herbicides; amending Minnesota Statutes 2016, section 297A.67, by adding a subdivision.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 482

Mariani, Slocum and Lee introduced:

 

H. F. No. 1361, A bill for an act relating to taxation; individual income; allowing a refundable citizenship credit; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Scott; Dean, M.; Loeffler; Pugh; Dehn, R.; Clark and Hertaus introduced:

 

H. F. No. 1362, A bill for an act relating to family law; appropriating money for a grant to NorthPoint Health and Wellness Center for coparent services.

 

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

 

 

Davids introduced:

 

H. F. No. 1363, A bill for an act relating to taxation; tobacco products; modifying the tax structure for moist snuff; amending Minnesota Statutes 2016, section 297F.05, subdivision 3.

 

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

 

 

Davids and Slocum introduced:

 

H. F. No. 1364, A bill for an act relating to taxation; individual income; allowing a subtraction for police and firefighter pensions; amending Minnesota Statutes 2016, sections 290.0132, by adding a subdivision; 290.091, subdivision 2.

 

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

 

 

Carlson, L.; Davids; Applebaum and Marquart introduced:

 

H. F. No. 1365, A bill for an act relating to taxation; income; providing an administrative mechanism for conforming to certain future federal tax legislation; transferring money; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Albright and Mahoney introduced:

 

H. F. No. 1366, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; adopting department proposals; allowing a forbearance of amounts owed to the special compensation fund; modifying intervention procedures; authorizing rulemaking; amending Minnesota Statutes 2016, sections 176.275, subdivision 1; 176.285; 176.361, subdivisions 2, 3; 176.521, by adding a subdivision; 176.541, subdivisions 1, 8, by adding a subdivision; 176.611, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 176; repealing Minnesota Statutes 2016, section 176.541, subdivision 7.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 483

Kiel introduced:

 

H. F. No. 1367, A bill for an act relating to taxation; authorizing the city of East Grand Forks to impose a local sales and use tax.

 

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

 

 

Swedzinski, Davids, Nash and Baker introduced:

 

H. F. No. 1368, A bill for an act relating to environment; modifying Petroleum Tank Release Cleanup Act; amending Minnesota Statutes 2016, section 115C.021, by adding a subdivision.

 

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

 

 

Urdahl, Pelowski and Nornes introduced:

 

H. F. No. 1369, A bill for an act relating to higher education; appropriating funds to support programs of college admission and graduation for low-income students.

 

The bill was read for the first time and referred to the Committee on Higher Education and Career Readiness Policy and Finance.

 

 

Hamilton; Kiel; Davids; Anderson, P.; Poppe; Clark; Bly and Gunther introduced:

 

H. F. No. 1370, A bill for an act relating to agriculture; transferring money from the general fund to the good food access account.

 

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

 

 

Peterson; Hortman; Schomacker; Liebling; Franson; Gruenhagen; Albright; McDonald; Lohmer; Pierson; Kiel; Koegel; Hilstrom; Pryor; Zerwas; Baker; Allen; Flanagan; Sandstede; Theis; Fischer; Olson; Freiberg; Nelson; Johnson, B.; Loonan; Halverson; Sauke; Considine; Schultz; Heintzeman; Kresha; Murphy, E.; Moran and Hamilton introduced:

 

H. F. No. 1371, A bill for an act relating to health; authorizing a hospital construction moratorium exception for a juvenile psychiatric hospital; amending Minnesota Statutes 2016, section 144.551, subdivision 1.

 

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

 

 

Layman introduced:

 

H. F. No. 1372, A bill for an act relating to taxation; property; adjusting distribution levies for the Iron Range fiscal disparities program; amending Minnesota Statutes 2016, section 276A.06, subdivisions 3, 5.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 484

Koegel, Hortman and Bernardy introduced:

 

H. F. No. 1373, A bill for an act relating to transportation; appropriating money for highway-rail grade crossing separation in Coon Rapids.

 

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

 

 

Koegel, Hortman and Bernardy introduced:

 

H. F. No. 1374, A bill for an act relating to transportation; appropriating money for highway-rail grade crossing separation in Coon Rapids; authorizing the sale and issuance of state bonds.

 

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

 

 

Metsa, Lueck and Sandstede introduced:

 

H. F. No. 1375, A bill for an act relating to energy; modifying facilities eligible for staging and permitting at innovative energy project sites; amending Minnesota Statutes 2016, section 216B.1694, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Erickson introduced:

 

H. F. No. 1376, A bill for an act relating to education; providing for prekindergarten through grade 12 education, including general education, education excellence, teachers, special education, self-sufficiency and lifelong learning, and libraries; amending Minnesota Statutes 2016, sections 120B.021, subdivisions 1, 3; 120B.022, subdivision 1b; 120B.12; 120B.30, subdivision 1a; 121A.22, subdivision 2; 121A.221; 123B.92, subdivision 1; 124D.09, subdivisions 3, 5, 13, by adding a subdivision; 124D.095, subdivision 3; 124D.52, subdivision 7; 124E.02; 124E.03, subdivision 2; 124E.05, subdivision 7; 124E.06, subdivisions 3, 7; 124E.10, subdivision 5; 124E.11; 124E.12, subdivision 1; 124E.16, by adding a subdivision; 125A.0941; 125A.515; 127A.41, subdivision 3; 127A.45, subdivision 10; 134.31, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 2016, section 124D.73, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Education Innovation Policy.

 

 

O'Driscoll, Hilstrom, Vogel and Hornstein introduced:

 

H. F. No. 1377, A bill for an act relating to energy; establishing a stakeholder group to develop recommendations for consumer protections relating to residential PACE financing; suspending authorization for residential PACE financing; requiring a report.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 485

Dehn, R.; Davids and Lee introduced:

 

H. F. No. 1378, A bill for an act relating to taxation; income; allowing a temporary refundable credit for historic structure rehabilitation.

 

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

 

 

Anderson, P., and Davnie introduced:

 

H. F. No. 1379, A bill for an act relating to tax forfeiture; amending the period of redemption; giving county auditors additional authority; allowing counties to sell tax-forfeited lands online; allowing an eviction action when an individual holds over real property after a real estate tax judgment sale; allowing a landlord to dispose of an evicted tenant's property; making technical and conforming changes; amending Minnesota Statutes 2016, sections 276.017, subdivision 3; 279.37, subdivision 1a, by adding a subdivision; 281.17; 281.173, subdivision 2; 281.174, subdivision 3; 281.23, by adding a subdivision; 282.01, subdivisions 4, 6, by adding a subdivision; 282.016; 282.018, subdivision 1; 282.02; 282.241, subdivision 1; 282.322; 504B.285, subdivision 1; 504B.365, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 281; repealing Minnesota Statutes 2016, section 281.22.

 

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

 

 

Fenton, Erickson, Moran, Maye Quade, Davnie, Peterson, Bly, Mariani and Christensen introduced:

 

H. F. No. 1380, A bill for an act relating to education finance; increasing funding for the paraprofessional pathway to teacher licensure; appropriating money.

 

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

 

 

McDonald; Quam; Marquart; Daniels; Bennett; Petersburg; Koznick; Urdahl; Christensen; O'Driscoll; Runbeck; Gruenhagen; Peterson; Poston; Halverson; Lien; O'Neill; Franke; Loonan; Johnson, C.; Baker; Sundin; Rarick; Newberger; Gunther; Lucero and Zerwas introduced:

 

H. F. No. 1381, A bill for an act relating to education finance; enhancing equalization aid; increasing state aid for the debt service equalization aid program; modifying the calculation of referendum equalization revenue, aid, and levy; appropriating money; amending Minnesota Statutes 2016, sections 123B.53, subdivisions 4, 5, 6; 126C.17, subdivisions 5, 6.

 

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

 

 

Nornes; Murphy, M.; Loon; Erickson; Davnie and Ecklund introduced:

 

H. F. No. 1382, A bill for an act relating to education finance; modifying the state aid formula for regional public library systems; increasing funding for regional public library systems and multicounty, multitype libraries; appropriating money; amending Minnesota Statutes 2016, section 134.355, subdivisions 5, 6, 7.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 486

Zerwas, Liebling, Loon, Schomacker, Loeffler, Theis and Moran introduced:

 

H. F. No. 1383, A bill for an act relating to human services; modifying the definition of traumatic brain injury for the state traumatic brain injury program; appropriating money for programs related to reducing fetal alcohol syndrome and related effects; amending Minnesota Statutes 2016, section 256B.093, subdivision 4.

 

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

 

 

Pierson, Sauke, Schomacker and Dean, M., introduced:

 

H. F. No. 1384, A bill for an act relating to human services; providing a group residential housing supplemental rate for a facility in Olmsted County; amending Minnesota Statutes 2016, section 256I.05, by adding a subdivision.

 

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

 

 

Hamilton introduced:

 

H. F. No. 1385, A bill for an act relating to human services; setting minimum medical assistance reimbursement rates for public health nurse family home visits; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

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

 

 

Albright, Zerwas, Halverson, Peterson and Flanagan introduced:

 

H. F. No. 1386, A bill for an act relating to human services; phasing in certain rate reductions for disability waiver services; amending Minnesota Statutes 2016, section 256B.4913, subdivision 4a, by adding a subdivision.

 

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

 

 

Newberger; Anderson, P.; Backer; Hamilton; Torkelson; Green; Kresha; Grossell; Drazkowski; Miller; Scott; Howe; Kiel; Heintzeman; Schomacker; Gunther; Johnson, B., and Swedzinski introduced:

 

H. F. No. 1387, A bill for an act relating to water; modifying groundwater appropriation permit requirements; modifying well interference claim requirements; amending Minnesota Statutes 2016, sections 103G.223; 103G.271, subdivision 7, by adding a subdivision; 103G.287, subdivisions 1, 4; 103G.289.

 

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

 

 

Loonan introduced:

 

H. F. No. 1388, A bill for an act relating to commerce; clarifying the authority of the Commerce Fraud Bureau to apply for or execute search warrants; amending Minnesota Statutes 2016, section 626.05, subdivision 2.

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 487

Davids, West and Swedzinski introduced:

 

H. F. No. 1389, A bill for an act relating to taxation; property; modifying classification rate for certain manufactured home parks; amending Minnesota Statutes 2016, sections 273.124, by adding a subdivision; 273.13, subdivision 25.

 

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

 

 

Zerwas introduced:

 

H. F. No. 1390, A bill for an act relating to counties; allowing a county law library to transfer money to the county for certain construction costs; proposing coding for new law in Minnesota Statutes, chapter 134A.

 

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

 

 

Mahoney; Thissen; Pinto; Becker-Finn; Maye Quade; Metsa; Hilstrom; Davnie; Dehn, R.; Nelson; Carlson, L.; Wagenius; Hausman; Mariani; Clark; Moran; Youakim; Lillie; Bernardy; Koegel; Slocum; Allen; Loeffler; Johnson, S.; Fischer; Carlson, A., and Applebaum introduced:

 

H. F. No. 1391, A bill for an act relating to employment; prohibiting wage theft; modifying payment of wages; increasing civil and criminal penalties; allowing for administrative review; appropriating money; amending Minnesota Statutes 2016, sections 177.27, subdivision 2, by adding a subdivision; 177.30; 177.32, subdivision 1; 181.03, subdivision 1, by adding subdivisions; 181.032; 181.101.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Kresha, O'Neill, Baker, Fabian, Moran, Davnie, Maye Quade, Metsa, Rarick and Clark introduced:

 

H. F. No. 1392, A bill for an act relating to housing; modifying housing trust fund and family homeless prevention and assistance program requirements; establishing a rental assistance program for homeless and highly mobile students; appropriating money; amending Minnesota Statutes 2016, sections 462A.201, subdivision 2; 462A.204, subdivision 8.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

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. 14, A bill for an act relating to capital investment; appropriating money for the Rural Finance Authority; authorizing the sale and issuance of state bonds.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 488

Mr. Speaker:

 

I have the honor to inform the House of Representatives that the Senate is ready to meet with the House in a Joint Convention at 7:00 P.M., Wednesday, February 22, 2017, for the purpose of electing members to the Board of Regents of the University of Minnesota.

 

Cal R. Ludeman, Secretary of the Senate

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Monday, February 20, 2017 and established a prefiling requirement for amendments offered to the following bill:

 

      H. F. No. 30.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

Peppin from the Committee on Rules and Legislative Administration offered the following report and moved its adoption:

 

Resolved, that the Permanent Rules of the House of Representatives for the 90th Legislative Session shall read as follows:

 

"PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES 2015-2016 2017-2018

 

ARTICLE 1 - DAILY BUSINESS

 

1.01 CONVENING OF THE HOUSE.  Unless otherwise ordered, the House convenes at 3:30 p.m.  The Speaker must take the chair at the appointed hour and call the House to order.

 

The call to order is followed by a prayer by the Chaplain or time for a brief meditation, then by the pledge of allegiance to the flag of the United States of America, and then by a call of the roll of members.  The names of members present and members excused must be entered in the Journal of the House.

 

1.02 READING OF THE JOURNAL.  If a quorum is present, the Chief Clerk must read the Journal of the preceding day, unless otherwise ordered.  The House may correct errors in the Journal of the preceding day.

 

1.03 ORDER OF BUSINESS.  After the Journal is read, the order of business of the day is:

 

(1) Presentation of petitions or other communications

 

(2) Reports of standing committees and divisions

 

(3) Second reading of House bills

 

(4) Second reading of Senate bills


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 489

(5) Reports of select committees

 

(6) Introduction and first reading of House bills

 

(7) Consideration of messages from the Senate

 

(8) First reading of Senate bills

 

(9) Calendar for the day

 

(10) Motions and resolutions

 

The House may advance or revert from any order of business to any other order of business either without objection, or by majority vote of the whole House.

 

Conference committees on House bills and the Committee on Rules and Legislative Administration may report at any time.

 

1.04 REPORTING OF BILLS.  A bill must be reported to the House on three different days before its passage, except as provided in Rule 5.02.  The first report, called the first reading, occurs when it is introduced; the second report, called the second reading, occurs when it has been reported by the appropriate standing committees and divisions for consideration by the House; the third report, called the third reading, occurs when it is ready for the vote on passage.

 

1.10 INTRODUCTION OF BILLS AND RESOLUTIONS.  A bill or resolution must be submitted to the Speaker at least 24 hours before the convening of the daily session at which it is to be introduced.

 

A bill or resolution must be introduced in duplicate and each copy must bear the signature of the member or the name of the committee or division introducing it.

 

In regular session, a bill prepared by a department or agency of state government must be introduced and given its first reading at least ten days before the date of the first committee deadline.

 

Each annual session, the Committee on Rules and Legislative Administration may designate a date after which a House File may not be introduced during that annual session, unless approved for introduction by the Committee on Rules and Legislative Administration.  The date must be at least 14 calendar days after the Committee acts under this paragraph, but no earlier than May 1 of each annual session.

 

1.11 FIRST READING AND REFERENCE OF BILLS.  A bill or resolution must be reported and given its first reading when it is introduced.  A bill or resolution must not be objected to when it is introduced.

 

After its first reading, the Speaker must refer a bill or resolution to the appropriate standing committee or division, except as provided in Rule 1.15 and Rule 1.13.

 

Congratulatory resolutions referred to in Rule 4.02 are exempt from this Rule.

 

Except as otherwise provided in these Rules, after the Speaker refers a bill or resolution, a majority vote of the whole House is required for the House to re-refer the bill or resolution.

 

1.12 AUTHORS OF BILLS AND RESOLUTIONS.  A bill, memorial, or resolution must not have more than 35 authors.  After a bill or resolution is introduced and given its first reading:  (a) a member may be removed as an author, by motion of the member; and (b) a member wishing to be an author may be added as an author, by motion of the author of the bill or resolution.


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1.13 INTRODUCTION OF COMMITTEE OR DIVISION BILLS.  A standing or special committee of the House or a division of the House may introduce a bill as a committee or division bill on any subject within its purview.  When a committee or division bill is introduced and read for the first time, the Speaker may refer it to a standing committee or division.  If the Speaker does not refer it, the bill must be laid over one day.  Then it must be read for the second time and placed on the General Register.

 

1.14 RECESS BILL INTRODUCTIONS.  During the period between the last day of the regular session in an odd-numbered year and the first day of the regular session in the next year, a bill filed with the Speaker for introduction must be given a file number and may be unofficially referred by the Speaker to an appropriate standing committee or division.

 

1.15 DISPOSITION OF SENATE FILES.  (a) A Senate File received by the House that is accompanied by a message announcing its passage by the Senate must be referred to the appropriate standing committee or division under Rule 1.11.  But if a Senate File is received that a member requests be compared to a House File already reported by a standing committee or division of the House and placed on the General Register or on the Calendar for the Day, the Senate File must be referred to the Chief Clerk for comparison.  The Chief Clerk shall report whether the Senate File is identical or not identical to the House File and the Senate File may, by majority vote, be substituted for the House File and take its place.  The fact that the bills are identical or not identical must be entered in the Journal and the House File is then considered withdrawn.

 

(b) A Senate File that is amended on the floor of the House, except at the time of final passage, and a Senate File that has been reported to the House with amendments by a House standing committee or division, must be unofficially engrossed and reprinted by the Chief Clerk.  An amendment may be offered to an unofficial engrossment of a Senate File.

 

(c) Except after the last Thursday on which the Legislature can meet in regular session in odd- or even-numbered years, or after a date determined by the Committee on Rules and Legislative Administration, a motion that the House concur in Senate amendments to a House File is not in order until 12 hours after the Speaker announces that a message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to a House File.

 

1.20 GENERAL REGISTER.  The General Register consists of all bills that have received a second reading.  Bills must be placed on the General Register in the order that they receive their second reading.  A bill must be on the General Register, be given to each member, and be available to the public before it may be considered by the House on the Calendar for the Day or the Fiscal Calendar.  Each day that the House meets in session, the Chief Clerk must publish a list of the bills on the General Register.

 

1.21 CALENDAR FOR THE DAY.  The Calendar for the Day is a list of bills that are to be considered that day by the House.  The House must consider each item on the Calendar for the Day in the order determined by the presiding officer.  After consideration by the House, unless otherwise disposed of, the bill must immediately be given its third reading and placed upon its passage.

 

A bill that has received its second reading may be placed on the Calendar for the Day by the Committee on Rules and Legislative Administration or by order of the House upon the motion of a member as provided in this Rule.

 

The Committee on Rules and Legislative Administration must designate the bills that are to be on the Calendar for the Day.  During regular session, the Committee must designate the bills by 5:00 p.m. the day before the day that the bills are to be on the Calendar, except that the Committee may designate the bills at any time after a day specified by the Committee on Rules and Legislative Administration.  After the Committee designates the bills, the Chief Clerk must publish the Calendar for the Day.  In order to trigger a prefiling requirement, the calendar for the day must be established in accordance with Rule 3.33.


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A bill that is on the General Register for more than ten legislative days may be placed on the Calendar for the Day by a majority vote of the whole House, acting on the motion of a member.  A bill placed on the Calendar for the Day in this manner must be considered first the next time that the House reaches the order of business "Calendar for the Day."  A member must give notice to the Speaker and the Chief Clerk three legislative days before making a motion to place a bill on the Calendar for the Day.  The notice must specify the number and title of the bill.  Only the member who gave notice to the Speaker and the Chief Clerk, or another member designated in writing by the member who gave notice, may make the motion to place the bill on the Calendar for the Day.  After the third legislative day following the day of notice, the motion must be made the first time that the House reaches the order of business "Motions and Resolutions."  If the motion is not made at that time, the member who gave notice forfeits the right to make that motion.

 

A bill may be continued on the Calendar for the Day by a majority vote of the whole House.  A third motion by the author of a bill to continue it on the Calendar for the Day is not in order; upon such a motion, the bill must be stricken from the Calendar and returned to the General Register in the order of its second reading.  The Calendar for the Day expires when the House adjourns for the day, unless the House, by a majority vote of the whole House, continues items remaining on the Calendar to the next day.

 

1.22 FISCAL CALENDAR.  A finance bill that has had its second reading must be considered by the House when requested by the Chair of the Committee on Ways and Means or by a designee of the Chair.  A bill relating to taxes or raising revenue that has had its second reading must be considered by the House when requested by the Chair of the Committee on Taxes or a designee of the Chair.

 

During regular session, a chair must announce the intention to make the request by 5:00 p.m. the legislative day before the day that the request for consideration is to be made, except that the Chair may designate the bills at any time after a day specified by the Committee on Rules and Legislative Administration.  During periods when the 5:00 p.m. requirement does not apply, the chair must announce the intention at least two hours before making the request.  In order to trigger a prefiling requirement a notice given under Rule 1.22 must comply with Rule 3.33.

 

After consideration by the House on the Fiscal Calendar, unless otherwise disposed of, the bill must immediately be given its third reading and placed upon its passage.

 

1.30 THIRD READING OF BILLS.  An amendment must not be received after the third reading of a bill without unanimous consent, except to fill blanks or to amend the title.

 

At any time before it is passed, a bill or resolution may be referred or re-referred by a majority vote of the whole House.  If the committee or division to which it is referred or re-referred reports an amendment to it, the bill or resolution must again be given its second reading and placed on the General Register.

 

1.40 PUBLICATION OF BILLS FOR THE HOUSE.  After a bill receives its second reading, the bill must be prepared and published or made electronically available for consideration by the House.  A majority of the House may order the publication of a bill at any time.

 

1.50 ADJOURNING OF THE HOUSE.  The House may not meet during a legislative day after midnight, except that the House, by majority vote, may meet past the time of adjournment required by this Rule.

 

ARTICLE 2 - FLOOR PROCEEDINGS, VOTING, DECORUM

 

2.01 ABSENCE OF MEMBERS AND OFFICERS.  Unless illness or other sufficient cause prevents attendance, a member or officer of the House must not be absent from a session of the House without the prior permission of the Speaker.


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2.02 CALL OF THE HOUSE.  Ten members may demand a call of the House at any time until voting begins.  After the House is placed under call, a second roll call on any aspect of a call of the House is out of order.

 

When a call is demanded, the doors of the chamber must be closed, the roll called, and the absent members sent for; and no member is allowed to leave the chamber until the roll call is suspended or completed.  During the roll call, no motion is in order except a motion pertaining to matters incidental to the call.

 

Proceedings under the roll call may be suspended by a majority vote of the whole House.  The Sergeant at Arms must not permit a member to leave the Chamber unless the member is excused by the Speaker, or the call of the House has been lifted by a majority vote of the whole House.

 

2.03 ROLL CALL VOTE.  A roll call vote is required to pass a bill or to adopt a resolution or motion directing the payment of money.  In all other cases a roll call vote may be ordered only if 15 members demand it.  When the House is taking a roll call vote on another issue, a roll call vote may not be ordered on a motion that members not voting be excused from voting.

 

2.04 EXPLAINING OR CHANGING VOTE.  A member must not explain a vote or discuss the question during a roll call vote.  A member must not change a vote or move for the record an intention to have voted or voted differently after the result of the roll call vote is announced from the chair by the Speaker.

 

2.05 EVERY UNEXCUSED MEMBER TO VOTE.  A member who has an immediate interest in a question must not vote on it.

 

Every other member present before the result of a vote is declared by the presiding officer must vote for or against the matter before the House, unless the House excuses the member from voting.  But a member is not required to vote on any matter concerning a memorial resolution.

 

A member who does not vote when the member's name is called must state reasons for not voting.  After the vote has been taken but before the presiding officer has announced the result of the vote, the presiding officer must submit to the House the question:  "Shall the member, for the reasons stated, be excused from voting?"  The question must be decided without debate.  After the question is decided, the presiding officer must announce the result of the vote, after which other proceedings about the nonvoting member may take place.

 

2.10 ELECTRONIC VOTING SYSTEM.  An electronic voting system under the control of the Speaker may be used to take any vote except a vote on an election or if the House is currently taking a roll call.  A member must not vote on a question except at the member's own seat in the chamber.

 

2.15 RECORDED FLOOR PROCEEDINGS.  Proceedings on the floor of the House must be recorded on an appropriate audio recording medium under the direction of the Chief Clerk.  The Chief Clerk must transmit a copy of the recordings to the Director of the Legislative Reference Library.  The Legislative Reference Library must keep the recordings available for public use under its rules during the legislative biennium when the recordings were created and for eight years thereafter.  The Library may then preserve or dispose of the recordings as the Library sees fit.

 

A person may obtain a copy of a recording while it is kept in the Library by paying a fee determined by the House Controller to cover the cost of preparing the copy.

 

Discussion preserved under this Rule is not intended to be admissible in a court or administrative proceeding on an issue of legislative intent.


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2.20 DUTIES OF MEMBERS.  Members must keep their seats until the Speaker announces adjournment.

 

A member, before speaking, must rise and respectfully address the Speaker and must not speak further until recognized by the Speaker.  If more than one member rises at the same time, the Speaker must select the member to speak first.

 

2.21 NOTICE OF INTENT TO DEBATE A RESOLUTION.  A member may give notice of intent to debate a resolution, except a resolution introduced as a house file or a senate file under Rule 4.02 or a resolution offered by the Committee on Rules and Legislative Administration or the Committee on Ethics.

 

The notice may be given at any time before the vote is taken on the resolution.  If the notice is given, the resolution must be laid over one day without debate or any other action.

 

2.30 QUESTIONS OF ORDER.  If a member violates the Rules in any way, the Speaker must, or another member may, call the member to order.  The member called to order must immediately sit down unless another member moves to permit the member who was called to order to explain.  In either case, the House, if appealed to, must decide the question without debate.  Only if the decision is in favor of the member called to order may that member proceed.  The House may censure or punish a member called to order.

 

2.31 OFFENSIVE WORDS IN DEBATE.  If a member is called to order for offensive words in debate, the member calling for order must report the words to which exception is taken and the Clerk must record them.  A member must not be held to answer, or be subject to censure of the House, for language used in debate unless exception is taken before another member speaks or other business takes place.

 

2.32 ORDER IN DEBATE.  Except for the member who offered the motion, amendment, or proposition under consideration, a member must not speak more than twice on the subject, without leave of the House, nor more than once until every other member wishing to speak on the subject has had an opportunity to do so.

 

2.33 ORDER DURING SESSION.  A member must not walk out of or across the Chamber while the Speaker is putting the question.  A member must not engage in private conversation while another member is speaking or pass between a speaking member and the Chair.  A member must not disrupt order and decorum in the Chamber by possessing or using any audiovisual display, including but not limited to placards, signs, photographs, visual aids, or the use of any video images or audio, except for such items that are distributed to members at their desks for the purpose of conducting business of the day.

 

2.34 PERSONS BY THE CHIEF CLERK'S DESK DURING VOTE.  No person may remain by the Chief Clerk's desk during a roll call vote.

 

2.39 EXECUTIVE BRANCH OR LOBBYIST PRESENCE IN COMMITTEE.  No House committee, division or subcommittee shall permit any member or staff of the executive branch, registered lobbyist, or lobbyist principal, to be seated at the committee table with members of the House during official proceedings of committees of the House.

 

2.40 ADMITTANCE TO FLOOR.  No person other than a member may be admitted to the House Chamber, except:  properly authorized employees; the Chief Executive and ex-governors of the State of Minnesota; members of the Senate; heads of departments of the state government; judges of the Supreme Court, Court of Appeals, and District Courts; members of Congress; those persons invited to address the body or a joint convention of the house and senate, and guests for such an address or joint convention; a family member of a member; and properly accredited representatives of radio and television stations, newspapers and press associations, as provided for in these Rules.


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Any other person may be issued a permit by the Speaker good for the day, but that person must be seated near the Speaker's rostrum, and must not engage in conversation that disturbs the business of the House.  Before issuing a permit, the Speaker must make certain that the person does not seek the floor of the House to influence decisions of the House.

 

The alcoves in the Chambers are for the use of members only, and the Sergeant at Arms must keep them clear of others.

 

From one hour before the time the House is scheduled to convene until one hour after the House adjourns for the day, the retiring room is reserved for the exclusive use of the members and employees of the House.  As long as the Senate prohibits entry of House members into its retiring room, no Senators may enter the House retiring room during the time it is reserved for exclusive use of members and employees.  A committee or division meeting must not be held there except emergency meetings authorized by the Speaker.  The Sergeant at Arms must strictly enforce this provision.

 

Unless an extraordinary condition exists the Speaker must not entertain a request to suspend this Rule or present the request of a member for unanimous consent to suspend this Rule.

 

2.41 MEDIA NEWS REPORTERS.  Accredited representatives of the press, press associations, and radio and television stations must be given equal press privileges by the House.  A person wishing to report proceedings of the House may apply to the Chief Sergeant at Arms for a media pass and assignment to suitable available space.  The Sergeant may coordinate the issuance of media passes with the appropriate senate authority.

 

Television stations must be permitted to televise sessions of the House.  Media representatives must be allowed access to both wells in the gallery of the House chambers.

 

2.42 LOBBYISTS.  (a) A lobbyist as defined under Minnesota Statutes, section 10A.01, subdivision 21, shall not appear before a House committee pursuant to the lobbyist's employment unless the lobbyist is in compliance with the law requiring lobbyist registration, Minnesota Statutes, sections 10A.03 to 10A.06.  A lobbyist, when appearing before a committee, shall disclose to the committee on whose behalf the lobbyist speaks and the purpose of the lobbyist's appearance.

 

(b) A lobbyist shall not knowingly, either directly or through a third party, furnish false or misleading information or make a false or misleading statement that is relevant and material to a matter before the House or any of its committees, subcommittees, or divisions when the lobbyist knows or should know it will influence the judgment or action of the House or any of its committees, subcommittees, or divisions.

 

(c) The Committee on Ethics shall investigate a complaint by a member of the House in writing under oath received before adjournment sine die in the last year of a House term or during a special session held after that time that a lobbyist has violated Rule 2.42.  The investigatory procedures of Rule 6.10 apply, except as provided in this rule.  The complaint and proceedings on the complaint are private until the Committee has found probable cause to believe that a violation of Rule 2.42 has occurred, unless they are made public by the lobbyist whose conduct is the subject of the complaint or by the vote of at least three members of the Committee.

 

ARTICLE 3 - MOTIONS, AMENDMENTS, AND OTHER PROPOSITIONS

 

3.01 AMENDMENTS AND OTHER MOTIONS.  An amendment or other motion must not be debated until after it is stated by the Speaker.


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After an amendment or other motion is stated by the Speaker it is in possession of the House, but the mover may withdraw it at any time before it is amended or decided.  Unless a motion, resolution, or amendment is withdrawn on the day it is made, it must be entered in the Journal, with the name of the member offering it.

 

Except as otherwise permitted by the Speaker, an amendment or other motion must be in writing, and five copies of it must be given to the Chief Clerk.

 

3.02 ORDER OF PUTTING QUESTION; FILLING BLANKS.  Except for a privileged question, questions before the House or a committee or division must be put in the order they are moved.  In filling a blank, a motion for the largest sum or the longest time must be put first.

 

3.03 DIVISION OF A QUESTION.  A member may request the division of a question that contains more than one separate and distinct point.  A motion to strike and insert is not divisible.  The failure of a motion to strike does not preclude another motion to amend or to strike and insert.

 

3.10 PRECEDENCE OF MOTIONS.  While a question is under consideration, only the following motions may be received:

 

(1) To fix the time of adjournment

 

(2) To adjourn

 

(3) To lay on the table

 

(4) For the previous question

 

(5) To refer

 

(6) To postpone to a day certain

 

(7) To amend

 

(8) To postpone indefinitely

 

(9) To pass

 

The first four motions must be decided without debate.

 

The motions have precedence in the order listed, except that if the motion for the previous question has been properly made, and properly supported, and the main question ordered, the motion to lay on the table is not in order.

 

3.11 MOTION TO ADJOURN.  A motion to adjourn is always in order except during a roll call.

 

After a motion to adjourn is made, before putting the question, the Speaker may permit any member to state reasons why adjournment might be improper at that time.  A statement is not debatable and must be limited to two minutes.

 

3.12 MOTION TO LAY ON THE TABLE.  A motion to lay on the table is not in order on a motion to amend, except that a motion to amend the Rules may be tabled.


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3.13 THE PREVIOUS QUESTION.  The previous question may be moved by a member who is supported by 15 members.

 

If the motion for the previous question is ordered by a majority of members present, its effect is to put an end to all debate and bring the House to direct vote upon the question.

 

Before the presiding officer submits a motion for the previous question to the House, a call of the House is in order.  After a majority has ordered the previous question, a call of the House is not in order before the decision on the main question.

 

When the previous question is decided in the negative, the main question remains under debate until it is disposed of by a vote on the question, by a subsequent motion calling for the previous question under this Rule, or in some other manner.

 

All incidental questions of order arising after a motion is made for the previous question and before the vote on the main question must be decided without debate.

 

3.14 MOTION TO RECONSIDER.  After a question is decided either in the affirmative or negative, a member who voted with the prevailing side may move to reconsider it.  The motion must be made on the same day the vote was taken or on either of the next two days that the House meets in session and has possession of the matter.  The motion may be made at any time in the Order of Business.  It takes precedence over any other question except a motion to adjourn.  The motion to reconsider must not be made if the document, bill, resolution, message, report or other subject of official action on which the vote was taken has left the possession of the House.

 

If a motion to reconsider fails, it must not be renewed.

 

3.15 MOTION TO RESCIND.  A motion to rescind is not in order at any time in any proceeding in the House or in any committee or division of the House.

 

3.20 AMENDMENTS TO AMENDMENTS.  An amendment may be amended, but an amendment to an amendment must not be amended.

 

3.21 MOTIONS AND PROPOSITIONS MUST BE GERMANE.  (a) A motion or proposition on a subject different from that under consideration must not be admitted under guise of its being an amendment.  A motion, amendment, or other proposition offered to the House is out of order if it is not germane to the matter under consideration.  Whether a proposition is germane to the matter under consideration is a question to be decided by the presiding officer, who may put the question to the House.

 

(b) An amendment to an amendment on the House floor must relate only to the primary amendment, without introducing any new subject.

 

3.22 AMENDMENT TO INCREASE AN APPROPRIATION OR TAX.  (a) The concurrence of a majority of the whole House, determined by a roll call vote, is required to adopt an amendment increasing an appropriation or a tax.

 

(b) An amendment to an amendment may not increase a tax or a fee, unless the underlying amendment increases the tax or fee in question.

 

3.23 CONSTITUTIONAL AMENDMENTS.  A constitutional amendment may not be offered as an amendment to a bill on the floor.


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3.30 EXPENDITURE OF HOUSE FUNDS.  The concurrence of a majority of the whole House, determined by a roll call vote, is required for favorable action on a resolution or motion involving the expenditure of money appropriated by the Legislature to the House.  The resolution or motion must be referred to the Committee on Rules and Legislative Administration before being acted on by the House.

 

3.33 AMENDMENTS MUST BE PREFILED.  (a) An amendment on a bill being considered on the Calendar for the Day or the Fiscal Calendar is out of order unless the amendment has been filed with the Chief Clerk by 12:00 noon on the calendar day prior to the calendar day the bill next can be considered on the Calendar for the Day or the Fiscal Calendar.  If a bill next can be considered by the House on the Calendar for the Day or the Fiscal Calendar on a Monday, an amendment must be filed by 12:00 noon on the prior Friday.  An amendment is not out of order under this Rule if it is a technical or revisor's change to a bill or an amendment.  Whether an amendment is a technical or revisor's change is a question to be decided by the presiding officer, who may put the question to the House.

 

(b) Paragraph (a) applies to an amendment to a bill only if by 12:00 noon on the day before the deadline for filing amendments the following has occurred:

 

(1) the Committee on Rules and Legislative Administration has designated the bill for inclusion on the Calendar for the Day or a chair has announced intention to place the bill on the Fiscal Calendar; and

 

(2) the version of the bill that will be considered on the Calendar for the Day or the Fiscal Calendar is available to members.

 

(c) Substitution of language in the House version of a bill for language in the Senate companion bill is not an amendment for purposes of this Rule if notice of the chief author's intent to substitute the House language is given when a bill is placed on the Calendar for the Day or when a chair announces intention to place the bill on the Fiscal Calendar.

 

(d) When an amendment is filed with the Chief Clerk, the Chief Clerk must have the amendment posted on the House Web site as soon as is practical.  The Speaker may specify procedures for filing amendments under this Rule.

 

(e) An amendment to a prefiled amendment on a bill is out of order unless the amendment to the amendment has been filed with the Chief Clerk six hours after the prefiling deadline under paragraph (a).  An amendment to a prefiled amendment is not out of order under this Rule if it is a technical or conforming change to a prefiled amendment.  Whether an amendment is a technical or conforming change to a prefiled amendment is a question to be decided by the presiding officer, who may put the question to the House.

 

(f) An amendment to a bill or a prefiled amendment must include a stamp indicating the date and time that the amendment was drafted.

 

(g) This Rule may be waived or the deadlines in this Rule may be extended for an individual bill, or waived for all bills after a certain date, by the Committee on Rules and Legislative Administration.

 

(h) If the Calendar for the Day or the Fiscal Calendar is continued, the prefiling period must be reopened in accordance with paragraphs (a) to (e) of this rule, unless the prefiling period is waived or extended under paragraph (g) of this rule.

 

(i) This prefiling requirement applies when the Committee on Rules and Legislative Administration announces a date in advance, for adoption of the permanent House or Joint Rules.

 

Paragraph (i) applies to an amendment to House or Joint Rules, or an amendment to an amendment, only if by 12:00 noon on the day before the deadline for filing such amendments the following has occurred:


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(1) the Committee on Rules and Legislative Administration has designated the House or Joint Rules for debate on the House Floor; and

 

(2) the version of the House or Joint Rules that will be considered on the House Floor is available to members.

 

ARTICLE 4 - BILLS AND RESOLUTIONS

 

4.01 BILL AND RESOLUTION FORM.  A bill or resolution must not be introduced until it has been examined and approved by the Revisor of Statutes as to form and compliance with these Rules and the Joint Rules of the House and Senate.  The Revisor's approval must be endorsed on the bill or resolution.

 

A bill that is divided into articles may include or be accompanied by a table of contents.

 

4.02 RESOLUTIONS.  A statement of facts being forwarded for action to a governmental official, agency, or body or other similar proposal is a memorial and must be introduced in the same form and take the same course as a bill.  A joint resolution and any resolution requiring the signature of the governor must be introduced in the same form and take the same course as a bill.

 

A resolution must not authorize expenditure from any source other than the money appropriated by the Legislature to the House.

 

Congratulatory resolutions do not require consideration or adoption by the House.

 

A resolution must not be changed to a bill, and a bill must not be changed to a resolution.

 

4.03 WAYS AND MEANS COMMITTEE; BUDGET RESOLUTION; EFFECT ON EXPENDITURE AND REVENUE BILLS.  (a) The Committee on Ways and Means must hold hearings as necessary to determine state expenditures and revenues for the fiscal biennium.

 

(b) Within 25 days after the last state general fund revenue and expenditure forecast for the next fiscal biennium becomes available during the regular session in the odd-numbered year, the Committee on Ways and Means must adopt a budget resolution.  The budget resolution:  (1) must set the maximum limit on net expenditures for the next fiscal biennium for the general fund, (2) must set an amount or amounts to be set aside as a budget reserve and a cash flow account, (3) must set net spending limits for each budget category represented by the major finance and revenue bills identified in paragraph (e), and (4) may set limits for expenditures from funds other than the general fund.  The budget resolution must not specify, limit, or prescribe revenues or expenditures by any category other than those specified in clauses (1), (2), (3), and (4).  After the Committee adopts the budget resolution, the limits in the resolution are effective during the regular session in the year in which the resolution is adopted, unless a different or amended resolution is adopted.

 

(c) During the regular session in the even-numbered year, before the Committee on Ways and Means reports a bill containing net increases or decreases in expenditures as compared to general fund expenditures in the current fiscal biennium estimated by the most recent state budget forecast, the Committee may adopt a budget resolution.  If adopted, the resolution must account for the net changes in expenditures.  The resolution may also (1) set limits for changes in net expenditures for each budget category represented by the major finance and revenue bills identified in paragraph (e), and (2) set limits for expenditures from funds other than the general fund.

 

If the Committee adopts a budget resolution, it is effective during the regular session that year, unless a different or amended resolution is adopted.


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(d) The major finance or revenue bills may be combined or separated by a majority vote of either the Committee on Ways and Means or the Committee on Rules and Legislative Administration.  Combined or separated bills must conform to the limits in the resolution as those limits apply to the accounts in those bills.

 

(e) Major finance and revenue bills are:

 

the agriculture finance bill;

 

the capital investment bill;

 

the education finance bill;

 

the environment and natural resources finance bill;

 

the health and human services finance bill;

 

the higher education and career readiness finance bill;

 

the job growth and energy affordability finance bill;

 

the legacy finance bill;

 

the public safety and crime prevention security finance bill;

 

the state government finance bill;

 

the tax bill; and

 

the transportation finance bill.

 

(f) After the adoption of a resolution by the Committee on Ways and Means, each finance committee, and the Committee on Taxes must reconcile each bill described in Rule 4.10 with the resolution.  When reporting a finance or revenue bill, each committee or division must provide to the Committee on Ways and Means a fiscal statement reconciling the bill with the resolution.

 

(g) After the adoption of a resolution by the Committee on Ways and Means, the Committee on Ways and Means must reconcile finance and revenue bills with the resolution.  When reporting a bill, the chair of the Committee must certify to the House that the Committee has reconciled the bill with the resolution.

 

(h) After the adoption of a resolution by the Committee on Ways and Means, an amendment to a bill is out of order if it would cause any of the limits specified in the resolution to be exceeded.  Whether an amendment is out of order under this Rule is a question to be decided on the Floor by the Speaker or other presiding officer and in Committee or Division by the person chairing the Committee or Division meeting.  In making the determination, the Speaker or other presiding officer or the Committee or Division chair may consider:  (1) the limits in a resolution; (2) the effect of existing laws on revenues and expenditures; (3) the effect of amendments previously adopted to the bill under consideration; (4) the effect of bills previously recommended by a Committee or Division or bills previously passed in the legislative session by the House or by the legislature; (5) whether expenditure increases or revenue decreases that would result from the amendment are offset by decreases in other expenditures or increases in other revenue specified by the amendment; and (6) other information reasonably related to expenditure and revenue amounts.


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(i) After a resolution is adopted by the Committee on Ways and Means, the Committee must make available a summary of the estimated fiscal effect on the general fund of each bill that has been referred to the Committee on Ways and Means by a finance committee or a division of a finance committee, or the Committee on Taxes and of each bill that has been reported by the Committee on Ways and Means.

 

4.05 AMENDMENT LIMITS.  An amendment to a bill that has received its second reading and is being considered by the House is out of order if that amendment would increase the spending or spending base from any fund from which appropriations are made in that bill, or would increase the spending or spending base in total from all funds in the bill or in the bill with the proposed amendment.  This rule is only in effect when a budget resolution adopted under Rule 4.03 is not in effect.

 

In the absence of an adopted budget resolution, this rule does not apply after the last Thursday on which the Legislature can meet in regular session in odd-numbered years, and after the last Thursday on which the Legislature intended, when it adopted the concurrent resolution required by Joint Rule 2.03, to meet in regular session in even‑numbered years, or after a date specified by the Committee on Rules and Legislative Administration.

 

This provision does not apply when a Senate bill is accepted for substitution under Rule 1.15, or in the event that the language that was in the House version of the bill prior to a substitution under Rule 1.15, is adopted in its entirety as an amendment to a Senate file received by the House.

 

4.10 BILLS AFFECTING STATE REVENUES AND EXPENDITURES.  (a) Except as provided in Rule 1.15, a House or Senate bill that directly, substantially, and specifically affects any present or future financial obligation, budget policy, or revenue of the State must be referred as provided in paragraphs (b) and (c) to the appropriate Committee before the bill receives its second reading.  A bill that negligibly affects any present or future financial obligation, budget policy, or revenue of the State is not subject to mandatory referral under this rule.

 

(b) A bill subject to paragraph (a) reported by a finance committee must, if recommended to pass, be subsequently referred to the Ways and Means Committee, unless the bill has a negligible fiscal impact and is subject to direct reference to the Floor under Rule 6.05.

 

(c) A bill with a substantial impact on the tax revenues or tax policies of the State must be referred to the Committee on Taxes.  A bill reported by the Committee on Taxes containing a substantial fiscal impact must be referred to the Committee on Ways and Means.  For purposes of this paragraph, "tax" excludes any fee, charge, exaction, or assessment, a primary purpose of which is to recover direct or indirect costs incurred by the state or other governmental entity or as a payment for benefits received.

 

(d) The chairs of the Committees on Taxes and Ways and Means shall advise the Speaker on the application of this rule and may determine whether or not any given piece of legislation must be referred to the committee they chair.

 

4.11 REVENUE BILLS TO ORIGINATE IN HOUSE.  All bills for raising revenue shall originate in the House, but the Senate may propose and concur with the amendments as on other bills.

 

4.12 BILLS AFFECTING DEBT AND CAPITAL PROJECTS.  The Committee on Capital Investment has jurisdiction over legislation affecting debt obligations issued by the state and capital projects of the state, including the planning, acquiring and bettering of public lands and buildings and other state projects of a capital nature.  Except as provided in Rule 1.15, a House or Senate bill that directly and specifically affects debt obligations or capital projects of the state must be referred to the Committee on Capital Investment before the bill receives its second reading.


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Referral is not required by this Rule if the bill deals primarily with the financing of state capital facilities using trunk highway funds, with transportation projects financed without debt obligations of the state, or with the local financing of capital facilities of local governments.  Referral is not required by this Rule if the bill has a negligible effect on debt obligations and capital projects of the state as determined by the chair of the Committee on Ways and Means, in conjunction with the chair of the Committee on Capital Investment.  Referral is not required by this Rule if the bill is a major finance or revenue bill identified in Rule 4.03, unless the bill directly and specifically affects debt obligations of the state, but if a major finance or revenue bill contains a provision that directly and specifically affects capital projects of the state, the chair of the finance or tax committee reporting the bill must notify the chair of the Committee on Ways and Means and the chair of the Committee on Capital Investment of the provision before the bill is considered by the House.

 

The Speaker, by announcement, must assign to each finance committee the appropriate jurisdiction for recommendations on debt obligations and capital projects of the state.  Finance committees must submit recommendations within their jurisdiction to the Committee on Capital Investment for further disposition.

 

A bill with a fiscal effect reported by the Committee on Capital Investment must be accompanied by a statement of its fiscal effect, is exempt from the referral required by Rule 4.10, is subject to the same committee deadlines as the Committee on Ways and Means, and must be referred to the Committee on Ways and Means.  This referral is not required if the bill has a negligible fiscal effect, as determined by the chair of the Committee on Capital Investment with the concurrence of the chair of the Committee on Ways and Means.

 

4.13 BILLS AFFECTING STATE GOVERNMENT POWERS AND STRUCTURE.  The Committee on Government Operations and Elections Policy has jurisdiction over a House or Senate bill that:

 

(a) establishes or reestablishes a department, agency, commission, board, task force, advisory committee or council, or bureau, or other like entity;

 

(b) delegates rulemaking authority to, or exempts from rulemaking, a department or agency of state government; or

 

(c) substantially changes the organization of a department or agency of state government or substantially changes, vests or divests the official rights, powers, or duties of an official, department or agency of state government or an institution under its control.

 

Except as otherwise provided in this Rule and Rule 1.15, a bill that is within the jurisdiction of the Committee on Government Operations and Elections Policy must be referred to that Committee before it receives its second reading.  A committee or division (other than the Committee on Government Operations and Elections Policy) reporting such a bill must recommend its re-referral to the Committee on Government Operations and Elections Policy if reporting before the deadline for action on the bill by that Committee; if reporting after the deadline, the committee or division must recommend re-referral to the Committee on Rules and Legislative Administration.

 

The re-referral requirements of this Rule do not apply to a bill if the Committee on Government Operations and Elections Policy already has approved the bill or the substance of the matter that otherwise would require re-referral under this Rule.  The Chair of the Committee on Government Operations and Elections Policy shall advise the Speaker on the application of this Rule and may determine whether or not a bill must be referred to the Committee under this Rule.

 

4.14 BILLS PROPOSING MEMORIALS.  A bill or amendment that proposes to have a memorial placed in the Capitol area must be referred to the Committee on Rules and Legislative Administration.


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4.15 BILLS PROPOSING CONSTITUTIONAL AMENDMENTS.  A House or Senate bill that proposes a constitutional amendment must be referred to the Committee on Rules and Legislative Administration before it receives its second reading.  When reporting such a bill, a committee or division, other than the Committee on Rules and Legislative Administration, must recommend re-referral to the Committee on Rules and Legislative Administration.

 

4.16 BILLS AFFECTING GOVERNMENT DATA PRACTICES.  The Committee on Civil Law and Data Practices has jurisdiction over a House or Senate bill that substantially affects either Minnesota Statutes, Chapter 13, or other government data practices statutes.  Except as otherwise provided in this Rule and Rule 1.15, a bill that is within the jurisdiction of the Committee on Civil Law and Data Practices must be referred to that committee before it receives its second reading.  A committee or division reporting such a bill must recommend its re-referral to the Committee on Civil Law and Data Practices if reporting before the deadline for action on the bill by that committee; if reporting after the deadline, the committee or division must recommend re-referral to the Committee on Rules and Legislative Administration.  The re-referral requirement of this Rule does not apply to a bill if the Committee on Civil Law and Data Practices already has approved the bill or the substance of the matter that otherwise would require re-referral under this Rule.  The Chair of the Committee on Civil Law and Data Practices shall advise the Speaker on the application of this Rule and may determine whether or not a bill must be referred to the Committee under this Rule.

 

4.20 DISPOSITION OF BILLS DURING INTERIM.  Adjournment of the regular session in an odd-numbered year to a day certain in the next year is the same as daily adjournment except that a bill on the Calendar for the Day, Fiscal Calendar, or General Register must be returned to the standing committee or division that last acted on the bill.

 

4.30 RECALLING BILL FROM COMMITTEE OR DIVISION.  A bill or resolution may be recalled from a committee or division at any time by majority vote of the whole House, be given a second reading and be placed on the General Register.  A motion to recall a bill or resolution is in order only under the order of business "Motions and Resolutions."  This Rule does not apply in a special session or after the deadline for committee reports on House files.

 

4.31 TIME LIMIT TO CONSIDER BILLS.  If 20 legislative days after a bill has been referred to a committee or division (other than the Committee on Ways and Means, the Committee on Taxes, or a division of one of those committees) a report has not been made on it by the committee or division, its chief author may request that it be returned to the House.  The request must be entered in the Journal.

 

The committee or division must vote on the bill requested within ten calendar days after the day of the request.

 

If the committee or division fails to vote on it within ten days, the chief author may present a written demand to the Speaker for its immediate return to the House.  The demand must be presented within five calendar days after the day that the committee or division is required to vote.  If the demand is presented in the time allowed, it must be entered in the Journal and is the demand of the House.  The bill is then considered to be in the possession of the House and must be given its second reading and placed on the General Register.

 

The bill may be re-referred by a majority vote of the whole House.  If the motion to re-refer is made on the day of the demand or on the next House legislative day, the motion takes precedence over all other motions except privileged motions and is in order at any time.

 

ARTICLE 5 - PARLIAMENTARY PRACTICE

 

5.01 SUSPENSION OR AMENDMENT OF THE RULES.  The concurrence of two-thirds of the whole House is required to suspend or amend a Rule of the House, except that any amendment to the Rules reported by the Committee on Rules and Legislative Administration may be adopted by a majority of the whole House.


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Except as provided in Rule 5.02, a motion to suspend or amend any Rule of the House must be made under the order of business "Motions and Resolutions."  If the motion is made at another time, unanimous consent is required before the Speaker may entertain the motion.

 

A motion to suspend the Rules, together with the subject matter to which it pertains, is debatable, but the previous question may be applied to the motion under Rule 3.13.

 

5.02 SUSPENSION OF RULES TO ADVANCE A BILL.  A bill must be reported on three different days as provided in Rule 1.04, except that in case of urgency, a two-thirds majority of the whole House may suspend this requirement.  A motion to suspend the Rules to advance a bill for consideration out of its regular order is in order under the order of business "Motions and Resolutions" or at any time the bill is before the House.  The motion must be presented to the Speaker in writing and must describe the status of the bill.

 

5.03 DEFINITIONS.  In these Rules the terms "majority vote" and "vote of the House" mean a majority of members present for the vote.  The term "vote of the whole House" means a majority of all the members elected to the House.

 

Singular words used in these Rules include the plural, unless the context indicates a contrary intention.

 

5.04 AUTHORIZED MANUAL OF PARLIAMENTARY PROCEDURE.  "Mason's Manual of Legislative Procedure" governs the House in all applicable cases if it is not inconsistent with these Rules, the Joint Rules of the Senate and House of Representatives, or established custom and usage.

 

5.05 CONFLICT OF RULES.  When there is a conflict between a single House Rule and a single Joint Rule, the Speaker shall make a ruling as to which applies.

 

ARTICLE 6 - COMMITTEES, DIVISIONS, AND REPORTS

 

6.01 COMMITTEES AND DIVISIONS.  Standing committees and divisions of the House must be appointed by the Speaker as follows:

 

Aging and Long-Term Care Policy

 

Agriculture Finance

 

Agriculture Policy

 

Capital Investment

 

Civil Law and Data Practices

 

Commerce and Regulatory Reform

 

Education Finance

 

Education Innovation Policy

 

Environment and Natural Resources Policy and Finance

 

Ethics


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Government Operations and Elections Policy

 

Greater Minnesota Economic and Workforce Development Policy

 

Health and Human Services Finance

 

Health and Human Services Reform

 

Higher Education Policy and Finance

 

Job Growth and Energy Affordability Policy and Finance

 

Legacy Funding Finance

 

Mining and Outdoor Recreation Policy

 

Public Safety and Crime Prevention Policy and Finance

 

Rules and Legislative Administration

 

State Government Finance

 

Veterans Affairs Division

 

Taxes

 

Property Tax and Local Government Finance Division

 

Transportation Policy and Finance

 

Ways and Means

 

Agriculture Finance

 

Agriculture Policy

 

Capital Investment

 

Civil Law and Data Practices Policy

 

Commerce and Regulatory Reform

 

Education Finance

 

Education Innovation Policy

 

Environment and Natural Resources Policy and Finance

 

Government Operations and Elections Policy

 

Health and Human Services Finance


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Health and Human Services Reform

 

Higher Education and Career Readiness Policy and Finance

 

Job Growth and Energy Affordability Policy and Finance

 

Legacy Funding Finance

 

Public Safety and Security Policy and Finance

 

Rules and Legislative Administration

 

State Government Finance

 

Veterans Affairs Division

 

Taxes

 

Property Tax and Local Government Finance Division

 

Transportation Finance

 

Transportation and Regional Governance Policy

 

Ways and Means

 

Ethics

 

6.02 COMMITTEE AND DIVISION MEMBERSHIP.  At least 30 days before the start of a regular session of the Legislature, the Speaker-designate must provide the minority political party caucuses with a list of the standing committees and divisions proposed for the session.  The Speaker-designate must prescribe the number of minority caucus members to be appointed to each committee and division and may require general membership guidelines to be followed in the selection of committee and division members.

 

If the minority leader submits to the Speaker-designate, at least 15 days before the start of the session, a list of proposed committee and division assignments for the minority caucus that complies with the numbers and guidelines provided, the Speaker must make the proposed assignments with the purpose of attaining proportionate representation on the committees and divisions for the minority caucus.

 

A committee of the House must not have exclusive membership from one profession, occupation or vocation.

 

A member must not serve as the chair of the same standing committee or division, or a standing committee or division with substantially the same jurisdiction, during more than the three immediately prior consecutive regular biennial sessions.  This Rule does not apply to service as chair of the Committee on Rules and Legislative Administration.

 

6.03 APPOINTMENTS TO BOARDS AND COMMISSIONS.  Upon the convening of the biennial session, the Speaker must notify the members of the House of each board or commission to which a member of the House may be appointed by the Speaker.  The Speaker must request advice from the minority leader on these appointments.


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6.04 SUBCOMMITTEES.  The chair of a committee or division must appoint the chair and members of each subcommittee with the advice and consent of the Speaker.  The chair or the committee or division may refer bills to a subcommittee.  A subcommittee may exercise the authority delegated to it by the chair or by the committee or division.

 

6.05 DIVISIONS.  (a) If the Speaker or the House refers a bill to a division, the bill remains in that division until the House moves the bill from the division or approves a report from the division that moved the bill from that division.  A division report under this paragraph is subject to Rule 6.30.

 

(b) The chair of a committee may refer a bill within the possession of the committee to a division of that committee.  When the chair refers a bill to a division under this paragraph, the chair may recall the bill from the division.  A committee chair referring or recalling a bill under this paragraph must give written notice of the referral or recall as soon as possible to the Chief Clerk for publication.  To the extent practical, the Chief Clerk must attempt to provide notice on the House Web site of referrals and recalls of bills under this paragraph.

 

(c) The chair of a division must cause division records to be kept in a manner consistent with Rule 6.24.

 

(d) Division meetings are subject to Rule 6.20.

 

(e) Divisions are subject to Rule 6.21.

 

6.10 THE COMMITTEE ON ETHICS.  The Speaker must appoint a Committee on Ethics consisting of four members:  two members from the majority political party caucus, and two from the minority caucus.  One alternate from each caucus must also be appointed.  The committee must adopt written procedures, which must include due process requirements, for handling complaints and issuing guidelines.

 

A complaint may be brought about conduct by a member that violates a rule or administrative policy of the House, that violates accepted norms of House behavior, that betrays the public trust, or that tends to bring the House into dishonor or disrepute.

 

A complaint about a member's conduct must present with specificity the factual evidence supporting the complaint.  A complaint must be in writing, under oath and signed by two or more members of the House, and submitted to the Speaker.  Before submitting the complaint to the Speaker, the complainants must cause a copy of it and any supporting materials to be delivered to any member named in the complaint.  Within seven days after receiving a complaint, the Speaker must refer the complaint to the Ethics Committee for processing by the committee according to its rules of procedure.

 

The existence and substance of a complaint, including any supporting materials, and all proceedings, meetings, hearings, and records of the Ethics Committee are public; except that the committee, upon a majority vote of the whole committee, may meet in executive session to consider or determine the question of probable cause, to consider a member's medical or other health records, or to protect the privacy of a victim or a third party.

 

A complaint of a breach of confidentiality by a member or employee of the House must be immediately referred by the Speaker to the Ethics Committee for disciplinary action.

 

The committee must act in an investigatory capacity and may make recommendations regarding complaints submitted to the Speaker before adjournment sine die.  With the approval of the Speaker, the committee may retain a retired judge or other nonpartisan legal advisor to advise and assist the committee, as the committee considers appropriate and necessary in the circumstances of the case, in conducting the proceedings and obtaining a complete and accurate understanding of the information relevant to the conduct in question.


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Ethics Committee recommendations for disciplinary action must be supported by clear and convincing evidence and must be reported to the House for final disposition.

 

6.20 COMMITTEE MEETING SCHEDULE; DEADLINES.  The Speaker must prepare and publish a schedule of committee meetings, fixing as far as practicable the regular meeting day and time of each committee.

 

The chair of a committee must give written notice of a special meeting or a change in the regular schedule of meetings.  The notice may be announced from the desk and must be posted in public notice locations maintained by the House.  The notice must be posted at least one day in advance of the change.

 

As far as practicable, the chair of a committee must give three days notice of the date, time, place and agenda for each meeting.

 

Meeting notices must indicate when alternative media will be used to conduct the meeting.

 

During the first ten weeks of the session in the odd-numbered year and the first five weeks of the session in the even-numbered year, a standing committee must not have a regularly scheduled meeting after noon on Friday, but the Speaker may approve a special meeting of a committee during this time.

 

A committee must not meet between 12:00 midnight and 7:00 a.m.

 

Only the Committee on Rules and Legislative Administration may meet during a daily session of the House without leave.

 

The House shall establish deadlines for each regular session by resolution.

 

6.21 COMMITTEE PROCEDURES.  Meetings of House committees must be open to the public except for executive sessions that the committee on ethics considers necessary under Rule 6.10.  For purposes of this requirement, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the committee.  This requirement does not apply to a meeting of members of a committee from the same political party caucus.

 

A majority of members of a committee is a quorum.

 

The Rules of the House must be observed in committee if they are applicable.

 

An amendment offered in committee must be on a subject that is within the jurisdiction of the committee.  Whether an amendment is on a subject that is within the jurisdiction of the committee is a question to be decided by the person chairing the meeting, who may put the question to the committee.

 

A member of a committee may demand a roll call vote on any bill, resolution, report, motion or amendment before the committee.  If a demand is made, the roll must be called.  The name of the member demanding the roll call and the vote of each member must be recorded in the committee minutes.

 

A committee may reconsider an action while the matter remains in the possession of the committee.  A committee member need not have voted with the prevailing side to move to reconsider the action.

 

The chair of a committee, after consultation with the Speaker, may establish written procedures for the submission of amendments to the committee, the setting of committee agendas, and other matters pertaining to the conduct of the committee's business.  Before implementing the written procedures, the chair must provide a copy of them to the Speaker and to each member of the House and must make copies available to others upon request.


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6.22 PUBLIC TESTIMONY.  Public testimony from proponents and opponents must be allowed on every bill or resolution before a standing committee, division or subcommittee of the House.

 

6.23 OPEN MEETING ENFORCEMENT.  A person may submit to the Speaker a complaint alleging a violation of the open meeting requirements of Rule 6.21.  The complaint must be in writing.  On receiving a complaint, the Speaker, or a person designated by the Speaker, must investigate the complaint promptly.  If the Speaker concludes, following investigation, that a violation of the open meeting Rule may have occurred, the Speaker must refer the complaint to the Committee on Ethics for further proceedings.

 

6.24 COMMITTEE RECORDS.  The chair of a standing committee must cause a committee record to be kept, in the form prescribed by the Committee on Rules and Legislative Administration.  The record must include the record of committee proceedings on each bill referred to the committee and the minutes of the committee and any subcommittees.

 

The committee and subcommittee minutes must include:

 

a.  the time and place of each hearing or meeting;

 

b.  the names of committee or subcommittee members who are present;

 

c.  the name and address, at the Chair's discretion, of each person appearing before the committee or subcommittee, together with the name and address of the person, association, firm or corporation in whose behalf the appearance is made;

 

d.  the language of each motion, the name of the member making the motion, the result of a vote on the motion, and, on a roll call vote, the names of those in favor and those opposed;

 

e.  the date on which a subcommittee is established, the names of its members and the file number of bills referred to it and reported by it;

 

f.  other important matters related to the work of the committee or subcommittee.

 

The minutes must be approved at the next regular meeting of the committee or subcommittee.

 

At the end of two business days after approval by the committee or subcommittee, copies of the minutes must be filed with the Chief Clerk and be open to public inspection in the Chief Clerk's office and on the House Web site.

 

At the end of the legislative biennium minutes and other records must be delivered to the Director of the Legislative Reference Library.

 

Audio recordings of Committee and Subcommittee meetings must be made available for public use by the end of the business day following each meeting.  The chair of a committee who elects not to release the recording of a committee meeting until the minutes of the meeting are approved by the committee must make a copy of the recording available by the end of the next business day after a written request for it is made to the committee.  The House must keep the recordings of committee meetings available for public use during the legislative biennium in which they were created and, at the end of the legislative biennium, must transmit a copy of the recordings to the Director of the Legislative Reference Library.

 

The Legislative Reference Library must keep committee records and recordings available for public use under its rules for eight years after the end of the legislative biennium during which the materials were created and then may preserve or dispose of the recordings as the Library sees fit.


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A person may obtain a copy of a recording during the legislative biennium in which it is created by paying a fee determined by the House Controller to cover the cost of preparing the copy.  A person may obtain a copy of a recording while it is kept in the Library by paying a fee determined by the House Controller to cover the cost of preparing the copy.  A person may obtain a copy of a page of committee minutes or other records for a fee determined by the House Controller to cover the cost of preparing the copy.  A copy of a recording must be provided free to a member or staff of the House upon request for use in legislative business.

 

Testimony and discussion preserved under this Rule are not intended to be admissible in a court or administrative proceeding on an issue of legislative intent.

 

6.30 COMMITTEE REPORTS.  The House must adopt or reject a committee report on a bill or resolution without amendment.

 

The chair of a standing committee reporting to the House on a bill or resolution must use the form provided for committee reports.  Each bill or resolution must be reported separately.  The report must state the action taken by the committee and the date of the action.  The report must be authenticated by the signature of the chair.

 

Before a committee reports favorably on a bill or resolution, the chair must see that the form of the bill or resolution conforms to these Rules and the Joint Rules of the House and Senate.

 

Except during the last seven legislative days in a year, the committee report and any minority report must be submitted to the Chief Clerk at least four hours before the convening of the daily session.  The Committee on Rules and Legislative Administration may report at any time.

 

6.31 SUBSTITUTION OF BILLS.  A standing or special committee or division or its members must not report a substitute for a bill referred to the committee or division if the substitute relates to a different subject, is intended to accomplish a different purpose, or requires a title essentially different from that of the bill referred.  If the House is advised that a substitute bill reported to the House violates this Rule, the report must not be adopted.

 

6.32 MINORITY REPORTS.  A minority report must be made separately from the majority report and must be considered before the majority report.  If the minority report is adopted the majority report must not be considered.  If the minority report is not adopted the majority report must then be considered.

 

6.40 REPORTS OF CONFERENCE COMMITTEES.  A conference committee may report at any time and may meet during a daily session of the House without leave.  A conference committee report must be electronically available or printed.

 

A conference committee report must include only subject matter contained in the House or Senate versions of the bill for which that conference committee was appointed, or like subject matter contained in a bill passed by the House or Senate.  The member presenting the conference committee report to the House must disclose all substantive changes from the House version of the bill.

 

6.50 COMMITTEE OR DIVISION REPORT LAID OVER.  The report of any committee or division may be laid over one day and printed in the Journal, if so ordered by the House.

 

ARTICLE 7 - OFFICERS OF THE HOUSE

 

7.01 DUTIES AND PRIVILEGES OF THE SPEAKER.  The Speaker must preside over the House and has all the powers and duties of the presiding officer.

 

The Speaker must preserve order and decorum.  The Speaker may order the lobby or galleries cleared in the case of disorderly conduct or other disturbance.


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Except as otherwise provided by rule or law, the Speaker has general control of the Chamber of the House and of the corridors, passages and rooms in the Capitol and State Office Building under the jurisdiction of the House.

 

The Speaker must sign all acts, addresses, joint resolutions, writs, warrants and subpoenas of the House or issued by order of the House.  The Speaker must sign all abstracts for the payment of money from funds appropriated by the Legislature to the House; but money must not be paid unless the abstract is also signed by the Controller of the House.  Abstracts for compensation of members must be signed by the Chief Clerk pursuant to law.

 

The Speaker must appoint the Chief Sergeant at Arms or must designate that officer from among the Sergeants at Arms elected by the House or appointed by the Committee on Rules and Legislative Administration.

 

When an elected office of the House becomes vacant, the Speaker must designate a person to exercise the powers and discharge the duties of the office as necessary until a successor is elected by the House.

 

7.02 SUCCESSOR IN OFFICE OF SPEAKER.  When the office of Speaker becomes vacant, the Chair of the Committee on Rules and Legislative Administration has the powers and must discharge the duties of the office as necessary, until a Speaker is elected by the House or until a speaker-designate is selected as provided in this Rule.  The House must elect a Speaker when the House is next called to order.  If the Legislature is not in session, within 30 days after the office of Speaker becomes vacant the Committee on Rules and Legislative Administration must meet and select a speaker-designate to exercise the powers and discharge the duties of the office as necessary until a Speaker is elected by the House.

 

7.05 SPEAKER PRO TEMPORE.  The Speaker must appoint one or more members as Speaker pro tempore.  A Speaker pro tempore must preside in the Speaker's absence.  In the absence of the Speaker and a Speaker pro tempore, a member selected by the Speaker must preside until the Speaker or Speaker pro tempore returns.

 

7.06 SPEAKER EMERITUS.  Any current member having served the House in the capacity of Speaker will, subsequent to that service, be known as Speaker Emeritus, and may perform such ceremonial functions and duties as assigned by the Speaker.

 

7.10 DUTIES OF CHIEF CLERK.  The Chief Clerk has general supervision of all clerical duties pertaining to the business of the House.  The Chief Clerk must perform, under the direction of the Speaker, all the duties of the office of Chief Clerk.  The Chief Clerk must keep records showing the status and progress of all bills, memorials and resolutions.

 

During a temporary absence of the Chief Clerk, the First Assistant Chief Clerk has all the usual responsibilities of the Chief Clerk and may sign the daily journal, enrollments, abstracts and other legislative documents.

 

The Chief Clerk must supervise the engrossment and enrollment of bills.  The Chief Clerk must see that a record is kept, by file number, of the bills introduced in the House that passed both houses and are enrolled.

 

The Chief Clerk must ensure that locations accessible to the public are available to post a list of committee and subcommittee meetings and any other announcements or notices the House may require.

 

The Index Clerk, supervised by the Chief Clerk, must prepare an index in which bills may be indexed by topic, number, author, subject, section of the statutes amended, committees, divisions, and any other method that will make it a complete and comprehensive index.

 

The index must be open for public inspection during the legislative session and must be printed in the permanent Journal.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 511

7.20 DUTIES OF THE SERGEANT AT ARMS.  The Sergeant at Arms must carry out all orders of the House or the Speaker and perform all other services pertaining to the office of Sergeant at Arms, including:  maintaining order in the Chamber and other areas used for the business of the House and its committees and divisions and members; supervising the entering and exiting from the Chamber and the other areas; and promptly delivering messages.

 

ARTICLE 8 - ADMINISTRATION OF THE HOUSE

 

8.01 BUDGET AND FINANCIAL AFFAIRS.  The House Controller must prepare a biennial budget for the House.  The budget must be approved by the Committee on Rules and Legislative Administration before it is submitted to the State Government Finance Committee.  By the 15th day of April, July, October, and January of each year, the Controller must submit a detailed report of House expenditures during the previous quarter to the Speaker and the Committee on Rules and Legislative Administration.

 

The House Controller must arrange for the purchase of goods and services for the House.  The Controller must seek the lowest possible prices consistent with satisfactory quality and dependability.  A contract of the House, or an amendment to a contract, authorizing an expenditure of more than $500 must be signed by the Speaker or the Controller.  A contract, or an amendment to a contract, authorizing an expenditure of up to $500 may be executed by an employee authorized and directed in writing by the Controller to act for the Controller on the contract or contracts of its type.  A contract or amendment to a contract entered into in violation of this Rule is not binding on the House.  The House Controller must consult with an adaptive technology expert to identify commercially available upgrades for computers and Internet technology that are compatible with adaptive speech technology prior to purchasing upgrades.

 

Employees of the House must be reimbursed for actual expenses in the same manner as state employees.

 

During session, for travel away from the Capitol, members must be reimbursed for actual expenses, in addition to per diem expense allowances, in the manner and amount prescribed by the Committee on Rules and Legislative Administration.

 

8.02 MEMBER OFFICES.  Members not seeking re-election are required to vacate their House offices by December 1 of their last year of service.  Members who are not re-elected are required to vacate their House offices by December 15 of their last year of service.  The Sergeants Office will arrange usable space for these members after their offices are vacated, if requested to do so, and shall accommodate all serving members in the event of a special session.

 

8.10 COMMITTEE AND DIVISION BUDGETS AND EXPENSES.  The Committee on Rules and Legislative Administration must establish a budget for each standing committee and division of the House for expenses incurred by the committee or division, its members, and its staff in conducting its legislative business.  Per diem expense allowances paid to members during sessions or at times set by the Speaker or the Committee on Rules and Legislative Administration must not be charged against the budget.  A committee or division must not incur expenses in excess of its authorized budget.

 

All charges against the committee or division budget must be approved by the chair before payment is made.

 

8.20 APPOINTMENT OF EMPLOYEES.  The Committee on Rules and Legislative Administration must designate the position of and appoint each employee of the House and set the compensation of each officer and employee.  A record of the appointments, including positions and compensation, must be kept in the office of the House Controller and must be available for inspection by the public.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 512

The Committee on Rules and Legislative Administration must establish the procedure for filling employment vacancies when the Legislature is not in session.

 

An employee of the House may be assigned to other duties, suspended or discharged at any time by the Committee on Rules and Legislative Administration.

 

8.30 LEGAL REPRESENTATION.  An employee of the nonpartisan House Research Department may not represent the House or its members as counsel of record, in a judicial or administrative proceeding.

 

ARTICLE 9 - CONDUCT

 

9.01 CODE OF CONDUCT.  The Committee on Rules and Legislative Administration, after receiving the recommendation of the Committee on Ethics, must establish and maintain a code of conduct for members, officers and employees of the House.

 

9.05 CAMPAIGN ACTIVITIES.  An employee of the House must not participate in campaign activity during working hours.  An employee must not be obliged to participate in campaign activities as a condition of employment.  A member is not an employee of the House for purposes of this Rule.  House equipment must not be used for campaign activities.  The Committee on Rules and Legislative Administration must define the terms of and implement this Rule.

 

9.10 SOLICITATIONS DURING LEGISLATIVE SESSION.  During regular or special session, a member of the House, a political party caucus, the member's principal campaign committee, a political committee with the member's name or title, or a committee authorized by the member that benefits the member, must not solicit or accept a contribution from a registered lobbyist, corporation, labor union, political committee, dissolving principal campaign committee, political fund, or a tribal organization.

 

A member must not accept compensation for lobbying.

 

9.20 ACCEPTANCE OF AN HONORARIUM BY A MEMBER.  A member must not accept an honorarium for a service performed for an individual or organization that has a direct interest in the business of the House, including, but not limited to, a registered lobbyist or an organization a lobbyist represents.  The term "honorarium" does not include reimbursement for expenses incurred and actually paid by a member in performing a service.

 

Alleged violations of this Rule must be referred to the Committee on Ethics under Rule 6.10.  If the Committee on Ethics finds that an honorarium was accepted in violation of this Rule, the Committee must direct its return.  If it is not returned, the committee may recommend disciplinary action under Rule 6.10.

 

9.21 ACCEPTANCE OF TRAVEL AND LODGING BY A MEMBER OR EMPLOYEE.  A member or employee of the House must not accept travel or lodging from any foreign government, private for-profit business, labor union, registered lobbyist, or an association thereof, except payment permitted by law of expenses that relate to the member's or employee's participation as a legislator or legislative employee in a meeting or conference.  This Rule does not apply to travel or lodging provided to a member in the regular course of the member's employment or business.

 

9.30 DENIAL OF COMPENSATION WHILE DETAINED.  A member must not receive compensation, mileage, or living expenses while the member is incarcerated or on home detention due to a criminal conviction.

 

9.35 BAN ON LOBBYING.  Former state legislators must not register as lobbyists within one year from the date they leave office.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 513

9.40 NO SMOKING IN HOUSE AREAS.  Smoking is prohibited in the areas of the Capitol and State Office Building under the jurisdiction of the House, including the House Chamber and Retiring Room and galleries, hearing rooms, minor corridors and offices, private offices, and lounges."

 

 

      A roll call was requested and properly seconded.

 

 

Liebling moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 7, after line 20, insert:

 

"A member who has not had sufficient time to read or understand a bill must not vote on that bill, and shall be excused from voting."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Liebling amendment and the roll was called.  There were 46 yeas and 79 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Masin

Moran

Murphy, E.

Murphy, M.

Nelson

Omar

Pinto

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hilstrom

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

Marquart

Maye Quade

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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

 

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 514

Liebling moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 36, line 19, before "A" insert "(a)"

 

Page 36, after line 24, insert:

 

"(b) A member or employee of the House accepting travel or lodging allowed under this rule must report the dates and destination of the trip, value of meals, lodging, and travel received, and the identity of the sponsoring organization, association, or individual.  The House Controller shall receive these reports and shall publish them on the House Web site.  Any trip, lodging, or meal paid for by the employer or family of a member is not subject to this reporting requirement."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Liebling amendment and the roll was called.  There were 56 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anderson, S.

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Knoblach

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Loon

Mahoney

Marquart

Masin

Maye Quade

Moran

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Hamilton

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Koznick

Kresha

Layman

Lohmer

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 515

Liebling moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 29, line 3, after the period, insert "No committee may impose any prefiling or 24 hour amendment deadline on filing of committee amendments."

 

 

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

 

 

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

 

 

Liebling moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 36, line 29, before "Former" insert "(a)"

 

Page 36, after line 30, insert:

 

"(b) No member or staff of the House of Representatives shall conduct business with, have meetings with, allow testimony, draft legislation or amendments to legislation, or discuss legislation with a lobbyist who has registered and is lobbying within 12 months of their last day of service as a State Legislator."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Liebling amendment and the roll was called.  There were 43 yeas and 78 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Marquart

Masin

Maye Quade

Omar

Pinto

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Hamilton

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

McDonald

Miller

Murphy, E.

Nash

Nelson

Newberger

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 516

Poppe

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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

 

 

Freiberg moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 6, strike lines 12 and 13 and insert "The House and its committees may not meet during a legislative day after midnight."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Freiberg amendment and the roll was called.  There were 50 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Liebling

Lien

Lillie

Mahoney

Marquart

Masin

Maye Quade

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lesch

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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

 

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 517

Hansen moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 36, after line 30, insert:

 

"9.36 CHAIR TRAINING.

 

All Committee Chairs shall be trained biennially on Committee procedures, Mason's Manual of Legislative Procedure, and Committee operational norms."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hansen amendment and the roll was called.  There were 49 yeas and 73 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Marquart

Masin

Maye Quade

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pinto

Pryor

Rosenthal

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Hamilton

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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

 

 

Hortman moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 18, after line 23, insert:


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 518

"Rule 4.06 JOINT TARGETS.

 

The House shall comply with joint targets adopted by the Legislative Commission on Planning and Fiscal Policy.  An amendment or a minority report to a bill that has received its second reading and is being considered by the House is out of order if that amendment or minority report would violate joint targets adopted pursuant to an action of the Commission, unless those targets have been modified pursuant to the process under a Joint Rule.  A bill on the General Register already having received its second reading that violates subsequently adopted joint targets may not be given a third reading unless it has been amended to conform to joint targets prior to any subsequent action."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hortman amendment and the roll was called.  There were 52 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Drazkowski

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Marquart

Masin

Maye Quade

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Hamilton

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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

 

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 519

Lesch moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 36, line 19, before "A" insert "(a)"

 

Page 36, after line 24, insert:

 

"(b) A member must not accept a gift that an individual or private association is prohibited from giving."

 

 

CALL OF THE HOUSE

 

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

 


Albright

Allen

Anderson, P.

Anderson, S.

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Miller

Murphy, E.

Nash

Nelson

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

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.

 

 

Lesch moved to amend the Lesch amendment to the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 1, line 6, after the period, insert "An individual or private association, regardless of whether the individual or private association is a lobbyist or principal, may not give a member a gift in the form of preferential admission to an event held in a publicly owned event or entertainment facility, if the purpose for giving the gift is due to the recipient's status as a member.  For purposes of this rule, "preferential admission" includes, but is not limited to:"

 

Page 1, after line 6, insert:

 

"(1) free or discounted admission tickets or parking privileges;

 

(2) free or discounted access to private suites, premium seating areas, or premium event experiences; and

 

(3) early or priority access to purchase tickets, ticket upgrades, or premium event experiences for the event."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 520

POINT OF ORDER

 

      Peppin raised a point of order pursuant to section 124, paragraph 3, of "Mason's Manual of Legislative Procedure," relating to Personalities Not Permitted in Debate.  Speaker pro tempore Davids ruled the point of order well taken.

 

 

POINT OF ORDER

 

      Kresha raised a point of order pursuant to section 114, paragraph 5, of "Mason's Manual of Legislative Procedure," relating to Asking Questions of Members.  Speaker pro tempore Davids ruled the point of order well taken.

 

 

POINT OF ORDER

 

      Peppin raised a point of order pursuant to section 121 of "Mason's Manual of Legislative Procedure," relating to Breaches of the Order of the House.  Speaker pro tempore Davids ruled the point of order well taken.

 

 

      The question recurred on the Lesch amendment to the Lesch amendment and the roll was called.

 

      Peppin moved that those not voting be excused from voting.  The motion prevailed.

 

      There were 50 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Marquart

Masin

Maye Quade

Murphy, E.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Hamilton

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 521

              Lesch withdrew his amendment to the proposed Permanent Rules of the House of Representatives for the 90th Session.

 

 

      Dehn, R., and Poppe were excused for the remainder of today's session.

 

 

      Applebaum moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 11, after line 5, insert:

 

"Rule 2.43 SPEECH; MUTE BUTTON.

 

No mute button or other device that when used acts to mute floor debate or silence members may be active on the House floor or used by the presiding officer."

 

 

      A roll call was requested and properly seconded.

 

 

POINT OF ORDER

 

      Pinto raised a point of order pursuant to rule 2.15 relating to Recorded Floor Proceedings.  Speaker pro tempore Davids ruled the point of order not well taken.

 

 

      The question recurred on the Applebaum amendment and the roll was called.  There were 52 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anderson, S.

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Drazkowski

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Marquart

Masin

Maye Quade

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Pryor

Rosenthal

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Rarick


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 522

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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

 

 

Liebling moved to amend the proposed Permanent Rules of the House of Representatives for the 90th Session as follows:

 

Page 11, after line 5, insert:

 

"2.43 MUTE BUTTON.

 

The Speaker or presiding officer shall not use a mute button while the House of Representatives is in session."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Liebling amendment and the roll was called.  There were 51 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Anderson, S.

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Drazkowski

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hamilton

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Marquart

Masin

Maye Quade

Murphy, E.

Nelson

Olson

Omar

Pelowski

Pinto

Pryor

Rosenthal

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Heintzeman

Hertaus

Hoppe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 523

CALL OF THE HOUSE LIFTED

 

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

 

 

      The question recurred on the Peppin motion that the Report from the Committee on Rules and Legislative Administration and the proposed Permanent Rules of the House for the 90th Session be now adopted and the roll was called.  There were 105 yeas and 14 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bliss

Carlson, A.

Carlson, L.

Christensen

Cornish

Daniels

Davids

Davnie

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Halverson

Hamilton

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hortman

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lien

Lillie

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Maye Quade

McDonald

Miller

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poston

Pryor

Pugh

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Applebaum

Bernardy

Bly

Clark

Considine

Ecklund

Fischer

Hansen

Hornstein

Lesch

Liebling

Masin

Sundin


 

 

      The motion prevailed and the Report from the Committee on Rules and Legislative Administration was adopted.

 

 

The Permanent Rules of the House for the 90th Session read as follows:

 

 

PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES 2015-2016 2017-2018

 

ARTICLE 1 - DAILY BUSINESS

 

1.01 CONVENING OF THE HOUSE.  Unless otherwise ordered, the House convenes at 3:30 p.m. The Speaker must take the chair at the appointed hour and call the House to order.

 

The call to order is followed by a prayer by the Chaplain or time for a brief meditation, then by the pledge of allegiance to the flag of the United States of America, and then by a call of the roll of members.  The names of members present and members excused must be entered in the Journal of the House.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 524

1.02 READING OF THE JOURNAL.  If a quorum is present, the Chief Clerk must read the Journal of the preceding day, unless otherwise ordered.  The House may correct errors in the Journal of the preceding day.

 

1.03 ORDER OF BUSINESS.  After the Journal is read, the order of business of the day is:

 

(1) Presentation of petitions or other communications

 

(2) Reports of standing committees and divisions

 

(3) Second reading of House bills

 

(4) Second reading of Senate bills

 

(5) Reports of select committees

 

(6) Introduction and first reading of House bills

 

(7) Consideration of messages from the Senate

 

(8) First reading of Senate bills

 

(9) Calendar for the day

 

(10) Motions and resolutions

 

The House may advance or revert from any order of business to any other order of business either without objection, or by majority vote of the whole House.

 

Conference committees on House bills and the Committee on Rules and Legislative Administration may report at any time.

 

1.04 REPORTING OF BILLS.  A bill must be reported to the House on three different days before its passage, except as provided in Rule 5.02.  The first report, called the first reading, occurs when it is introduced; the second report, called the second reading, occurs when it has been reported by the appropriate standing committees and divisions for consideration by the House; the third report, called the third reading, occurs when it is ready for the vote on passage.

 

1.10 INTRODUCTION OF BILLS AND RESOLUTIONS.  A bill or resolution must be submitted to the Speaker at least 24 hours before the convening of the daily session at which it is to be introduced.

 

A bill or resolution must be introduced in duplicate and each copy must bear the signature of the member or the name of the committee or division introducing it.

 

In regular session, a bill prepared by a department or agency of state government must be introduced and given its first reading at least ten days before the date of the first committee deadline.

 

Each annual session, the Committee on Rules and Legislative Administration may designate a date after which a House File may not be introduced during that annual session, unless approved for introduction by the Committee on Rules and Legislative Administration.  The date must be at least 14 calendar days after the Committee acts under this paragraph, but no earlier than May 1 of each annual session.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 525

1.11 FIRST READING AND REFERENCE OF BILLS.  A bill or resolution must be reported and given its first reading when it is introduced.  A bill or resolution must not be objected to when it is introduced.

 

After its first reading, the Speaker must refer a bill or resolution to the appropriate standing committee or division, except as provided in Rule 1.15 and Rule 1.13.

 

Congratulatory resolutions referred to in Rule 4.02 are exempt from this Rule.

 

Except as otherwise provided in these Rules, after the Speaker refers a bill or resolution, a majority vote of the whole House is required for the House to re-refer the bill or resolution.

 

1.12 AUTHORS OF BILLS AND RESOLUTIONS.  A bill, memorial, or resolution must not have more than 35 authors.  After a bill or resolution is introduced and given its first reading:  (a) a member may be removed as an author, by motion of the member; and (b) a member wishing to be an author may be added as an author, by motion of the author of the bill or resolution.

 

1.13 INTRODUCTION OF COMMITTEE OR DIVISION BILLS.  A standing or special committee of the House or a division of the House may introduce a bill as a committee or division bill on any subject within its purview.  When a committee or division bill is introduced and read for the first time, the Speaker may refer it to a standing committee or division.  If the Speaker does not refer it, the bill must be laid over one day.  Then it must be read for the second time and placed on the General Register.

 

1.14 RECESS BILL INTRODUCTIONS.  During the period between the last day of the regular session in an odd-numbered year and the first day of the regular session in the next year, a bill filed with the Speaker for introduction must be given a file number and may be unofficially referred by the Speaker to an appropriate standing committee or division.

 

1.15 DISPOSITION OF SENATE FILES.  (a) A Senate File received by the House that is accompanied by a message announcing its passage by the Senate must be referred to the appropriate standing committee or division under Rule 1.11.  But if a Senate File is received that a member requests be compared to a House File already reported by a standing committee or division of the House and placed on the General Register or on the Calendar for the Day, the Senate File must be referred to the Chief Clerk for comparison.  The Chief Clerk shall report whether the Senate File is identical or not identical to the House File and the Senate File may, by majority vote, be substituted for the House File and take its place.  The fact that the bills are identical or not identical must be entered in the Journal and the House File is then considered withdrawn.

 

(b) A Senate File that is amended on the floor of the House, except at the time of final passage, and a Senate File that has been reported to the House with amendments by a House standing committee or division, must be unofficially engrossed and reprinted by the Chief Clerk.  An amendment may be offered to an unofficial engrossment of a Senate File.

 

(c) Except after the last Thursday on which the Legislature can meet in regular session in odd- or even-numbered years, or after a date determined by the Committee on Rules and Legislative Administration, a motion that the House concur in Senate amendments to a House File is not in order until 12 hours after the Speaker announces that a message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to a House File.

 

1.20 GENERAL REGISTER.  The General Register consists of all bills that have received a second reading.  Bills must be placed on the General Register in the order that they receive their second reading.  A bill must be on the General Register, be given to each member, and be available to the public before it may be considered by the House on the Calendar for the Day or the Fiscal Calendar.  Each day that the House meets in session, the Chief Clerk must publish a list of the bills on the General Register.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 526

1.21 CALENDAR FOR THE DAY.  The Calendar for the Day is a list of bills that are to be considered that day by the House.  The House must consider each item on the Calendar for the Day in the order determined by the presiding officer.  After consideration by the House, unless otherwise disposed of, the bill must immediately be given its third reading and placed upon its passage.

 

A bill that has received its second reading may be placed on the Calendar for the Day by the Committee on Rules and Legislative Administration or by order of the House upon the motion of a member as provided in this Rule.

 

The Committee on Rules and Legislative Administration must designate the bills that are to be on the Calendar for the Day.  During regular session, the Committee must designate the bills by 5:00 p.m. the day before the day that the bills are to be on the Calendar, except that the Committee may designate the bills at any time after a day specified by the Committee on Rules and Legislative Administration.  After the Committee designates the bills, the Chief Clerk must publish the Calendar for the Day.  In order to trigger a prefiling requirement, the calendar for the day must be established in accordance with Rule 3.33.

 

A bill that is on the General Register for more than ten legislative days may be placed on the Calendar for the Day by a majority vote of the whole House, acting on the motion of a member.  A bill placed on the Calendar for the Day in this manner must be considered first the next time that the House reaches the order of business "Calendar for the Day."  A member must give notice to the Speaker and the Chief Clerk three legislative days before making a motion to place a bill on the Calendar for the Day.  The notice must specify the number and title of the bill.  Only the member who gave notice to the Speaker and the Chief Clerk, or another member designated in writing by the member who gave notice, may make the motion to place the bill on the Calendar for the Day.  After the third legislative day following the day of notice, the motion must be made the first time that the House reaches the order of business "Motions and Resolutions."  If the motion is not made at that time, the member who gave notice forfeits the right to make that motion.

 

A bill may be continued on the Calendar for the Day by a majority vote of the whole House.  A third motion by the author of a bill to continue it on the Calendar for the Day is not in order; upon such a motion, the bill must be stricken from the Calendar and returned to the General Register in the order of its second reading.  The Calendar for the Day expires when the House adjourns for the day, unless the House, by a majority vote of the whole House, continues items remaining on the Calendar to the next day.

 

1.22 FISCAL CALENDAR.  A finance bill that has had its second reading must be considered by the House when requested by the Chair of the Committee on Ways and Means or by a designee of the Chair.  A bill relating to taxes or raising revenue that has had its second reading must be considered by the House when requested by the Chair of the Committee on Taxes or a designee of the Chair.

 

During regular session, a chair must announce the intention to make the request by 5:00 p.m. the legislative day before the day that the request for consideration is to be made, except that the Chair may designate the bills at any time after a day specified by the Committee on Rules and Legislative Administration.  During periods when the 5:00 p.m. requirement does not apply, the chair must announce the intention at least two hours before making the request.  In order to trigger a prefiling requirement a notice given under Rule 1.22 must comply with Rule 3.33.

 

After consideration by the House on the Fiscal Calendar, unless otherwise disposed of, the bill must immediately be given its third reading and placed upon its passage.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 527

1.30 THIRD READING OF BILLS.  An amendment must not be received after the third reading of a bill without unanimous consent, except to fill blanks or to amend the title.

 

At any time before it is passed, a bill or resolution may be referred or re-referred by a majority vote of the whole House.  If the committee or division to which it is referred or re-referred reports an amendment to it, the bill or resolution must again be given its second reading and placed on the General Register.

 

1.40 PUBLICATION OF BILLS FOR THE HOUSE.  After a bill receives its second reading, the bill must be prepared and published or made electronically available for consideration by the House.  A majority of the House may order the publication of a bill at any time.

 

1.50 ADJOURNING OF THE HOUSE.  The House may not meet during a legislative day after midnight, except that the House, by majority vote, may meet past the time of adjournment required by this Rule.

 

ARTICLE 2 - FLOOR PROCEEDINGS, VOTING, DECORUM

 

2.01 ABSENCE OF MEMBERS AND OFFICERS.  Unless illness or other sufficient cause prevents attendance, a member or officer of the House must not be absent from a session of the House without the prior permission of the Speaker.

 

2.02 CALL OF THE HOUSE.  Ten members may demand a call of the House at any time until voting begins.  After the House is placed under call, a second roll call on any aspect of a call of the House is out of order.

 

When a call is demanded, the doors of the chamber must be closed, the roll called, and the absent members sent for; and no member is allowed to leave the chamber until the roll call is suspended or completed.  During the roll call, no motion is in order except a motion pertaining to matters incidental to the call.

 

Proceedings under the roll call may be suspended by a majority vote of the whole House.  The Sergeant at Arms must not permit a member to leave the Chamber unless the member is excused by the Speaker, or the call of the House has been lifted by a majority vote of the whole House.

 

2.03 ROLL CALL VOTE.  A roll call vote is required to pass a bill or to adopt a resolution or motion directing the payment of money.  In all other cases a roll call vote may be ordered only if 15 members demand it.  When the House is taking a roll call vote on another issue, a roll call vote may not be ordered on a motion that members not voting be excused from voting.

 

2.04 EXPLAINING OR CHANGING VOTE.  A member must not explain a vote or discuss the question during a roll call vote.  A member must not change a vote or move for the record an intention to have voted or voted differently after the result of the roll call vote is announced from the chair by the Speaker.

 

2.05 EVERY UNEXCUSED MEMBER TO VOTE.  A member who has an immediate interest in a question must not vote on it.

 

Every other member present before the result of a vote is declared by the presiding officer must vote for or against the matter before the House, unless the House excuses the member from voting.  But a member is not required to vote on any matter concerning a memorial resolution.

 

A member who does not vote when the member's name is called must state reasons for not voting.  After the vote has been taken but before the presiding officer has announced the result of the vote, the presiding officer must submit to the House the question:  "Shall the member, for the reasons stated, be excused from voting?"  The question must be decided without debate.  After the question is decided, the presiding officer must announce the result of the vote, after which other proceedings about the nonvoting member may take place.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 528

2.10 ELECTRONIC VOTING SYSTEM.  An electronic voting system under the control of the Speaker may be used to take any vote except a vote on an election or if the House is currently taking a roll call.  A member must not vote on a question except at the member's own seat in the chamber.

 

2.15 RECORDED FLOOR PROCEEDINGS.  Proceedings on the floor of the House must be recorded on an appropriate audio recording medium under the direction of the Chief Clerk.  The Chief Clerk must transmit a copy of the recordings to the Director of the Legislative Reference Library.  The Legislative Reference Library must keep the recordings available for public use under its rules during the legislative biennium when the recordings were created and for eight years thereafter.  The Library may then preserve or dispose of the recordings as the Library sees fit.

 

A person may obtain a copy of a recording while it is kept in the Library by paying a fee determined by the House Controller to cover the cost of preparing the copy.

 

Discussion preserved under this Rule is not intended to be admissible in a court or administrative proceeding on an issue of legislative intent.

 

2.20 DUTIES OF MEMBERS.  Members must keep their seats until the Speaker announces adjournment.

 

A member, before speaking, must rise and respectfully address the Speaker and must not speak further until recognized by the Speaker.  If more than one member rises at the same time, the Speaker must select the member to speak first.

 

2.21 NOTICE OF INTENT TO DEBATE A RESOLUTION.  A member may give notice of intent to debate a resolution, except a resolution introduced as a house file or a senate file under Rule 4.02 or a resolution offered by the Committee on Rules and Legislative Administration or the Committee on Ethics.

 

The notice may be given at any time before the vote is taken on the resolution.  If the notice is given, the resolution must be laid over one day without debate or any other action.

 

2.30 QUESTIONS OF ORDER.  If a member violates the Rules in any way, the Speaker must, or another member may, call the member to order.  The member called to order must immediately sit down unless another member moves to permit the member who was called to order to explain.  In either case, the House, if appealed to, must decide the question without debate.  Only if the decision is in favor of the member called to order may that member proceed.  The House may censure or punish a member called to order.

 

2.31 OFFENSIVE WORDS IN DEBATE.  If a member is called to order for offensive words in debate, the member calling for order must report the words to which exception is taken and the Clerk must record them.  A member must not be held to answer, or be subject to censure of the House, for language used in debate unless exception is taken before another member speaks or other business takes place.

 

2.32 ORDER IN DEBATE.  Except for the member who offered the motion, amendment, or proposition under consideration, a member must not speak more than twice on the subject, without leave of the House, nor more than once until every other member wishing to speak on the subject has had an opportunity to do so.

 

2.33 ORDER DURING SESSION.  A member must not walk out of or across the Chamber while the Speaker is putting the question.  A member must not engage in private conversation while another member is speaking or pass between a speaking member and the Chair.  A member must not disrupt order and decorum in the Chamber by possessing or using any audiovisual display, including but not limited to placards, signs, photographs, visual aids, or the use of any video images or audio, except for such items that are distributed to members at their desks for the purpose of conducting business of the day.


Journal of the House - 17th Day - Thursday, February 16, 2017 - Top of Page 529

2.34 PERSONS BY THE CHIEF CLERK'S DESK DURING VOTE.  No person may remain by the Chief Clerk's desk during a roll call vote.

 

2.39 EXECUTIVE BRANCH OR LOBBYIST PRESENCE IN COMMITTEE.  No House committee, division or subcommittee shall permit any member or staff of the executive branch, registered lobbyist, or lobbyist principal, to be seated at the committee table with members of the House during official proceedings of committees of the House.

 

2.40 ADMITTANCE TO FLOOR.  No person other than a member may be admitted to the House Chamber, except:  properly authorized employees; the Chief Executive and ex-governors of the State of Minnesota; members of the Senate; heads of departments of the state government; judges of the Supreme Court, Court of Appeals, and District Courts; members of Congress; those persons invited to address the body or a joint convention of the house and senate, and guests for such an address or joint convention; a family member of a member; and properly accredited representatives of radio and television stations, newspapers and press associations, as provided for in these Rules.

 

Any other person may be issued a permit by the Speaker good for the day, but that person must be seated near the Speaker's rostrum, and must not engage in conversation that disturbs the business of the House.  Before issuing a permit, the Speaker must make certain that the person does not seek the floor of the House to influence decisions of the House.

 

The alcoves in the Chambers are for the use of members only, and the Sergeant at Arms must keep them clear of others.

 

From one hour before the time the House is scheduled to convene until one hour after the House adjourns for the day, the retiring room is reserved for the exclusive use of the members and employees of the House.  As long as the Senate prohibits entry of House members into its retiring room, no Senators may enter the House retiring room during the time it is reserved for exclusive use of members and employees.  A committee or division meeting must not be held there except emergency meetings authorized by the Speaker.  The Sergeant at Arms must strictly enforce this provision.

 

Unless an extraordinary condition exists the Speaker must not entertain a request to suspend this Rule or present the request of a member for unanimous consent to suspend this Rule.

 

2.41 MEDIA NEWS REPORTERS.  Accredited representatives of the press, press associations, and radio and television stations must be given equal press privileges by the House.  A person wishing to report proceedings of the House may apply to the Chief Sergeant at Arms for a media pass and assignment to suitable available space.  The Sergeant may coordinate the issuance of media passes with the appropriate senate authority.

 

Television stations must be permitted to televise sessions of the House.  Media representatives must be allowed access to both wells in the gallery of the House chambers.

 

2.42 LOBBYISTS.  (a) A lobbyist as defined under Minnesota Statutes, section 10A.01, subdivision 21, shall not appear before a House committee pursuant to the lobbyist's employment unless the lobbyist is in compliance with the law requiring lobbyist registration, Minnesota Statutes, sections 10A.03 to 10A.06.  A lobbyist, when appearing before a committee, shall disclose to the committee on whose behalf the lobbyist speaks and the purpose of the lobbyist's appearance.

 

(b) A lobbyist shall not knowingly, either directly or through a third party, furnish false or misleading information or make a false or misleading statement that is relevant and material to a matter before the House or any of its committees, subcommittees, or divisions when the lobbyist knows or should know it will influence the judgment or action of the House or any of its committees, subcommittees, or divisions.


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(c) The Committee on Ethics shall investigate a complaint by a member of the House in writing under oath received before adjournment sine die in the last year of a House term or during a special session held after that time that a lobbyist has violated Rule 2.42.  The investigatory procedures of Rule 6.10 apply, except as provided in this rule.  The complaint and proceedings on the complaint are private until the Committee has found probable cause to believe that a violation of Rule 2.42 has occurred, unless they are made public by the lobbyist whose conduct is the subject of the complaint or by the vote of at least three members of the Committee.

 

ARTICLE 3 - MOTIONS, AMENDMENTS, AND OTHER PROPOSITIONS

 

3.01 AMENDMENTS AND OTHER MOTIONS.  An amendment or other motion must not be debated until after it is stated by the Speaker.

 

After an amendment or other motion is stated by the Speaker it is in possession of the House, but the mover may withdraw it at any time before it is amended or decided.  Unless a motion, resolution, or amendment is withdrawn on the day it is made, it must be entered in the Journal, with the name of the member offering it.

 

Except as otherwise permitted by the Speaker, an amendment or other motion must be in writing, and five copies of it must be given to the Chief Clerk.

 

3.02 ORDER OF PUTTING QUESTION; FILLING BLANKS.  Except for a privileged question, questions before the House or a committee or division must be put in the order they are moved.  In filling a blank, a motion for the largest sum or the longest time must be put first.

 

3.03 DIVISION OF A QUESTION.  A member may request the division of a question that contains more than one separate and distinct point.  A motion to strike and insert is not divisible.  The failure of a motion to strike does not preclude another motion to amend or to strike and insert.

 

3.10 PRECEDENCE OF MOTIONS.  While a question is under consideration, only the following motions may be received:

 

(1) To fix the time of adjournment

 

(2) To adjourn

 

(3) To lay on the table

 

(4) For the previous question

 

(5) To refer

 

(6) To postpone to a day certain

 

(7) To amend

 

(8) To postpone indefinitely

 

(9) To pass

 

The first four motions must be decided without debate.


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The motions have precedence in the order listed, except that if the motion for the previous question has been properly made, and properly supported, and the main question ordered, the motion to lay on the table is not in order.

 

3.11 MOTION TO ADJOURN.  A motion to adjourn is always in order except during a roll call.

 

After a motion to adjourn is made, before putting the question, the Speaker may permit any member to state reasons why adjournment might be improper at that time.  A statement is not debatable and must be limited to two minutes.

 

3.12 MOTION TO LAY ON THE TABLE.  A motion to lay on the table is not in order on a motion to amend, except that a motion to amend the Rules may be tabled.

 

3.13 THE PREVIOUS QUESTION.  The previous question may be moved by a member who is supported by 15 members.

 

If the motion for the previous question is ordered by a majority of members present, its effect is to put an end to all debate and bring the House to direct vote upon the question.

 

Before the presiding officer submits a motion for the previous question to the House, a call of the House is in order.  After a majority has ordered the previous question, a call of the House is not in order before the decision on the main question.

 

When the previous question is decided in the negative, the main question remains under debate until it is disposed of by a vote on the question, by a subsequent motion calling for the previous question under this Rule, or in some other manner.

 

All incidental questions of order arising after a motion is made for the previous question and before the vote on the main question must be decided without debate.

 

3.14 MOTION TO RECONSIDER.  After a question is decided either in the affirmative or negative, a member who voted with the prevailing side may move to reconsider it.  The motion must be made on the same day the vote was taken or on either of the next two days that the House meets in session and has possession of the matter.  The motion may be made at any time in the Order of Business.  It takes precedence over any other question except a motion to adjourn.  The motion to reconsider must not be made if the document, bill, resolution, message, report or other subject of official action on which the vote was taken has left the possession of the House.

 

If a motion to reconsider fails, it must not be renewed.

 

3.15 MOTION TO RESCIND.  A motion to rescind is not in order at any time in any proceeding in the House or in any committee or division of the House.

 

3.20 AMENDMENTS TO AMENDMENTS.  An amendment may be amended, but an amendment to an amendment must not be amended.

 

3.21 MOTIONS AND PROPOSITIONS MUST BE GERMANE.  (a) A motion or proposition on a subject different from that under consideration must not be admitted under guise of its being an amendment.  A motion, amendment, or other proposition offered to the House is out of order if it is not germane to the matter under consideration.  Whether a proposition is germane to the matter under consideration is a question to be decided by the presiding officer, who may put the question to the House.


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(b) An amendment to an amendment on the House floor must relate only to the primary amendment, without introducing any new subject.

 

3.22 AMENDMENT TO INCREASE AN APPROPRIATION OR TAX.  (a) The concurrence of a majority of the whole House, determined by a roll call vote, is required to adopt an amendment increasing an appropriation or a tax.

 

(b) An amendment to an amendment may not increase a tax or a fee, unless the underlying amendment increases the tax or fee in question.

 

3.23 CONSTITUTIONAL AMENDMENTS.  A constitutional amendment may not be offered as an amendment to a bill on the floor.

 

3.30 EXPENDITURE OF HOUSE FUNDS.  The concurrence of a majority of the whole House, determined by a roll call vote, is required for favorable action on a resolution or motion involving the expenditure of money appropriated by the Legislature to the House.  The resolution or motion must be referred to the Committee on Rules and Legislative Administration before being acted on by the House.

 

3.33 AMENDMENTS MUST BE PREFILED.  (a) An amendment on a bill being considered on the Calendar for the Day or the Fiscal Calendar is out of order unless the amendment has been filed with the Chief Clerk by 12:00 noon on the calendar day prior to the calendar day the bill next can be considered on the Calendar for the Day or the Fiscal Calendar.  If a bill next can be considered by the House on the Calendar for the Day or the Fiscal Calendar on a Monday, an amendment must be filed by 12:00 noon on the prio